
2023 No. 281
National Health Service
The National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Miscellaneous Amendments) (Scotland) Regulations 2023
Made 3rd October 2023
Laid before the Scottish Parliament 5th October 2023
Coming into force 30th November 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17E, 17N and 105(7) of the National Health Service (Scotland) Act 1978, and all other powers enabling them to do so.
Citation and commencement

1 
These Regulations may be cited as the National Health Service (General Medical Services Contracts and Primary Medical Services Section 17C Agreements) (Miscellaneous Amendments) (Scotland) Regulations 2023 and come into force on 30 November 2023.
Amendments to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

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(1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 are amended as follows.
(2) In regulation 3 (interpretation) omit the definition of “clinical commissioning group”.
(3) In paragraph 14 (refusal of application for inclusion in the list of patients or for acceptance as a temporary resident) of part 2 (list of patients) of schedule 6 (other contractual terms)—
(a) in sub-paragraph (2) for “The”, substitute “Subject to sub-paragraph (5), the”,
(b) after sub-paragraph (4) insert—“
(5) For the purpose of sub-paragraph (2), “reasonable grounds” do not include refusal of an application from a person who—
(a) at the time of making the application, is detained in a prison, a young offenders institution or the state hospital, and
(b) will live after their release from detention in the contractor’s practice area.
(6) For the purpose of sub-paragraph (5)—
 “young offenders institution” has the meaning given in section 19(1)(b) of the Prisons (Scotland) Act 1989, and
 “state hospital” has the meaning given in section 102 of the National Health Service (Scotland) Act 1978.”.
Amendments to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

3 
In paragraph 9 (refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident) of part 2 (list of patients) of schedule 2 (agreements to provide essential services) of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018—
(a) in sub-paragraph (2) for “The”, substitute “Subject to sub-paragraph (5), the”,
(b) after sub-paragraph (4) insert—“
(5) For the purpose of sub-paragraph (2), “reasonable grounds” do not include refusal of an application from a person who—
(a) at the time of making the application, is detained in a prison, a young offenders institution or the state hospital, and
(c) will live after their release from detention, in the provider’s practice area.
(6) For the purpose of sub-paragraph (5)—
 “young offenders institution” has the meaning given in section 19(1)(b) of the Prisons (Scotland) Act 1989, and
 “state hospital” has the meaning given in section 102 of the National Health Service (Scotland) Act 1978.”.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
3rd October 2023