SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 4PERSONS WHO PERFORM SERVICES

Qualifications of performers46

1

Subject to sub-paragraph (2), no medical practitioner may perform medical services under the contract unless the practitioner is—

a

included in the primary medical services performers’ list for the Health Board which is under a duty to provide or secure the provision of the service to be performed;

b

not suspended from that list or from the Medical Register; and

c

not subject to interim suspension under section 41A of the Medical Act 1983 (interim orders)114.

2

Sub-paragraph (1)(a) does not apply in the case of—

a

a medical practitioner employed in Scotland, by a Health Board, in England and Wales, by an NHS trust, an NHS foundation trust, or, in Northern Ireland, by a Health and Social Care trust who is providing services other than primary medical services at the practice premises;

b

a person who is provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or 21 (provisional registration of EEA nationals with certain overseas qualifications) of the Medical Act 1983115 acting in the course of the person’s employment in a resident medical capacity in an approved practice setting within the meaning of section 44D of the Medical Act 1983 (approved practice settings)116; or

c

a GP Registrar who has applied to the Health Board to have the GP Registrar’s name included in the primary medical services performers list of the Health Board, until the first of the following events arises—

i

the Health Board notifies the GP Registrar of the Board’s decision on that application;

ii

the end of a period of 2 months, starting with the date on which the GP Registrar’s vocational training scheme begins.

3

In this paragraph, “vocational training scheme” has the meaning given in regulation 2 (interpretation) of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004117.