The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

Interpretation of transitional agreements

51.—(1) Until–

(a) the parties to a transitional agreement vary the transitional agreement in accordance with article 50(1) and the variations have effect; or

(b) the relevant body varies a transitional agreement in accordance with article 50(3) and the variations have effect,

a transitional agreement shall interpreted in accordance with this article.

(2) Any reference in a transitional agreement to–

(a) the Implementation Directions shall be a reference to those Directions as they had effect on 31st March 2004 but subject to the modifications mentioned in article 52;

(b) the 1995 Regulations shall be a reference to those Regulations as they had effect on 31st March 2004 but subject to the modifications mentioned in article 53;

(c) the Statement of Fees and Allowances made under regulation 35 of the 1995 Regulations shall be a reference to that Statement as it had effect on 31st March 2004;

(d) the Choice Regulations shall be a reference to those Regulations as they had effect on 31st March 2004 but subject to the modifications mentioned in article 54 except as specified in paragraph (3);

(e) the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998(1) shall be a reference to those regulations as they had effect on 31st March 2004;

(f) in relation to the 1997 Act–

(i) section 2(2), (b), (c), (d), or (e), shall be a reference to section 17D(1)(b), (c), (d), or (e) of the 1978 Act(2); and

(ii) section 8, shall be a reference to Article 57(1) and (2);

(g) personal medical services shall be a reference to medical services of a kind that could have been provided by a general medical practitioner in accordance with arrangements made under Part 2 of the 1978 Act prior to 1st April 2004;

(h) pilot schemes or pilot scheme agreements shall be a reference to transitional agreements;

(i) a medical list or supplementary list shall be a reference to a primary medical services performers list;

(j) out of hours arrangements shall be a reference to out of hours arrangements within the meaning given to that expression by article 62.

(3) In relation to the assignment of a patient to a medical practitioner in accordance with regulation 5 of the Choice Regulations(3), any reference in a transitional agreement to regulation 4(2)(b) of those regulations shall be deemed to be a reference to article 55(1).

(4) The transitional agreement shall be interpreted as if it had been varied to include a term or terms having the effect specified in paragraph 66 of Schedule 1 to the Section 17C Agreements Regulations, subject to the modifications that the reference in that term to a person falling within the cases specified in paragraph 66(3) during the existence of the agreement shall be read as if it referred to a person so falling on or after 1st April 2004.

(1)

S.I. 1998/646.

(2)

Section 17D was inserted by the 1997 Act, sections 21(2) and 40(3) and is amended by the 2004 Act section 2.

(3)

Regulation 5 was amended by S.S.I. 2000/191 and S.S.I. 2001/85