| Primary Medical Services (Scotland) Act 2004 |
| 2004 asp 1 - continued |
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SCHEDULE
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(introduced by section 8) |
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MODIFICATION OF ENACTMENTS |
| | National Health Service (Scotland) Act 1978 (c.29)
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| 1 | (1) The 1978 Act is amended as follows.
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(2) In section 15(1)(a) (supply of goods and services to local authorities etc.)-
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(a) in sub-paragraph (i), for "general medical," substitute "primary medical services under a general medical services contract or", |
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(b) in sub-paragraph (ii), for "personal medical services" substitute "primary medical services". |
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(3) In section 17D(2), after the definition of "section 28C arrangements" the word "and" is repealed.
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(4) Sections 17EA (services lists in relation to section 17C arrangements etc. for personal medical services) and 17EB (application for inclusion in list) are repealed.
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(5) Section 17F (right to choose medical practitioner in relation to primary medical services) is repealed.
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(6) In section 17I (making available by Scottish Ministers of accommodation for use in connection with section 17C arrangements), for "personal medical services" substitute "primary medical services".
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(7) Sections 19 (arrangements etc. in relation to general medical services) to 23 (refusal of application: provision of services adequate) and 24A (liabilities and obligations in relation to deputies) to 24C (application for inclusion in supplementary list) are repealed.
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(8) In section 28(1) (persons authorised to provide pharmaceutical services), for "general medical services" substitute "primary medical services under Part 1".
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(9) In section 28A(1) (remuneration for provision of Part II services), the words "general medical services," are repealed.
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(10) In section 28B(6) (Part II remuneration: supplementary), for "sections 19(3) and" substitute "section".
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(11) In section 28C(3) (indemnity cover)-
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(a) in the definition of "list", for "29" substitute "29(8)(b) to (e)", |
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(b) in the definition of "Part II services", the words "general medical services," are repealed. |
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(12) In section 29A (NHS Tribunal: supplementary), subsection (3A) is repealed.
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(13) In section 29B(2) (powers of NHS Tribunal)-
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(i) sub-paragraph (i) and the succeeding "and", and
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(ii) in sub-paragraph (ii), the words "in any other case,"
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(b) in paragraph (b), for sub-paragraphs (i) and (ii) substitute "in all lists within the same paragraph of section 29(8) as that list." |
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(14) In section 35 (sale of medical practices)-
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(i) in paragraph (a) after "1972 or" insert "(prior to its repeal) section 19 of",
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(ii) in paragraph (b), at the end insert "(prior to the coming into force of section 2C)",
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(iii) after that paragraph insert "or
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(c) provided or performed primary medical services in accordance with section 17C arrangements or arrangements under section 2C(2) or under a general medical services contract-
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(i) in prescribed circumstances; or
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(ii) if regulations so provide, in all circumstances,",
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(b) in subsection (2), in the definition of "relevant area"- |
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(i) after "by arrangement" insert "or contract",
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(ii) for paragraphs (a) and (b) substitute "provided or performed services as specified in subsection (1)".
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(15) Section 40(2) (vaccination and immunisation) is repealed.
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(16) In section 85AA (means of meeting expenditure of Health Boards out of public funds), in subsection (4)-
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(a) in paragraph (a)(ii), for "to (d)" substitute "or (c)", |
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(b) paragraph (d) is repealed. |
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(17) In section 108 (interpretation)-
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(a) after the definition of "functions", insert- |
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""general medical services contract" has the meaning given in section 17J(2);", |
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(b) the definitions of "medical list" and "personal medical services" are repealed, |
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(c) after the definition of "prescribed" insert- |
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""primary medical services" is to be construed in accordance with section 2C(5);", |
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(d) the definitions of "services list" and "supplementary list" are repealed. |
| | National Health Service (Primary Care) Act 1997 (c.46)
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| 2 | (1) The National Health Service (Primary Care) Act 1997 is amended as follows.
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(2) In section 1 (pilot schemes)-
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(a) subsection (1)(a) and the succeeding "or" are repealed, |
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(b) in subsection (2), the words from "personal medical services", where they first occur, to "services or" are repealed, |
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(i) in paragraph (a), the words "personal medical services or" are repealed,
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(ii) in paragraph (b), after "which" insert "(not being primary medical services)",
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(d) in subsection (5), paragraph (a) is repealed, |
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(e) in subsection (8), for the definition of "personal medical services" substitute- |
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""primary medical services" has the same meaning as for the purposes of Part I of the 1978 Act;". |
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(3) Section 2 (pilot schemes for provision of personal medical services) is repealed.
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(4) In section 5 (approval of pilot schemes for provision of personal medical services etc.), subsections (4) and (7) are repealed.
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(5) Sections 11 to 13 (medical practitioners to be suitably experienced and lists) and 15 (liabilities and obligations in relation to deputies) are repealed.
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(6) Section 23(2) (right to choose medical practitioner in relation to primary medical services) is repealed.
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(7) Section 33 (medical lists and vacancies for medical practitioners) is repealed.
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(8) In section 40(2) (interpretation), the definitions of "medical list" and "personal medical services" are repealed.
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(9) Schedule 1 (preferential treatment on transferring to medical lists) is repealed.
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(10) In Schedule 2 (amendments of enactments)-
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(a) paragraphs 37 and 39 to 41 are repealed, |
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(b) paragraph 57, in so far as providing for a definition of "personal medical services", is repealed. |
| | Community Care and Health (Scotland) Act 2002 (asp 5)
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| 3 | (1) The Community Care and Health (Scotland) Act 2002 is amended as follows.
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(2) Section 18 (services lists and supplementary lists) is repealed.
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(3) In schedule 2 (amendment of enactments), in paragraph 2-
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(a) sub-paragraph (3) is repealed, |
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(b) sub-paragraph (12), in so far as providing for a definition of "medical list", is repealed. |
| | Scottish Public Services Ombudsman Act 2002 (asp 11)
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| 4 | (1) The Scottish Public Services Ombudsman Act 2002 is amended as follows.
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(2) In schedule 2 (listed authorities), in paragraph 5-
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(a) for sub-paragraph (a) substitute- |
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"(a) a person (whether an individual or a body) providing primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or general dental services under Part II of that Act,", |
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(b) in sub-paragraph (c), for "personal medical services" substitute "primary medical services". |
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(3) In schedule 4 (matters which Ombudsman must not investigate), in paragraph 14, for "19" substitute "17P".
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| | Freedom of Information (Scotland) Act 2002 (asp 13)
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| 5 | In Part 4 (The National Health Service) of schedule 1 (Scottish public authorities) to the Freedom of Information (Scotland) Act 2002-
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(i) for "general medical services," substitute "primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or",
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(ii) for "the National Health Service (Scotland) Act 1978" substitute "that Act",
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(b) in paragraph 34, for "personal medical services" substitute "primary medical services". |
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