Health Department

St Andrew's House
Regent Road
EDINBURGH
EH1 3DG

Dear Colleague

PERSONAL MEDICAL SERVICES IN SCOTLAND/
CHOICE OF MEDICAL PRACTITIONER REGULATIONS

This letter provides information on:

1. The National Health Service (Personal Medical Services) (Scotland) Regulations 2001 (Annex A)

2. National Health Service (Scotland) Act 1978 - Directions to Health Boards concerning the Delegation of Functions to Primary Care NHS Trusts (Annex B)

3. Personal Medical Services Manual (Annex C)

4. Guidance for Developing Personal Medical Services Contracts (Annex D)

5. Island Health Boards and Salaried GPs

6. Changes to the Choice of Medical Practitioner Regulations (Annex E)

THE NATIONAL HEALTH SERVICE (PERSONAL MEDICAL SERVICES) (SCOTLAND) REGULATIONS 2001

1. These regulations allow PMS pilot scheme operations to be placed on a permanent footing. In addition, from 1st April 2001, those wishing to provide PMS have the option of entering pilot or permanent PMS arrangements. Extending the employment options available to General Practitioners and developing innovative arrangements for meeting local needs will be facilitated by the introduction of permanent PMS arrangements.

13th June 2001

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Enquiries on PMS to:

Primary Care Development Unit
1.9 West
St Andrew's House
EDINBURGH
EH1 3DG

email:
jackie.brock@scotland.gsi.gov.uk
susan.malcolm@scotland.gsi.gov.uk
helen.doyle@scotland.gsi.gov.uk

Enquiries on GMS to:

email:
john.davidson@scotland.gsi.gov.uk


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2. The regulations make provisions concerning arrangements to be made in relation to personal medical services (PMS) provided under section 17C of the NHS (Scotland) Act 1978 ("the 1978 Act"). Pilot scheme arrangements for the provision of PMS are already in operation under the NHS (Primary Care) Act 1997 ("the 1997 Act").

3. These regulations ensure that the permanent arrangements for PMS under an agreement will be similar to the provision of general medical services. The functions of Health Boards in relation to arrangements for PMS will be delegated to the Primary Care NHS Trusts.

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 - DIRECTIONS TO HEALTH BOARDS CONCERNING THE DELEGATION OF FUNCTIONS TO PRIMARY CARE NHS TRUSTS

4. The above amendment to Directions means that each mainland Health Board shall delegate to the appropriate Primary Care NHS Trust in its area, its functions relating to arrangements under section 17C of the National Health Service (Scotland) Act 1978 for the provision of personal medical services.

PERSONAL MEDICAL SERVICES MANUAL

5. This document is an update of the original PMS Comprehensive Guide issued in 1998. This document therefore consolidates and replaces the information contained in that document. It is framed in terms of Primary Care Trusts/Island Health Boards taking on responsibility for the development, implementation and local evaluation of PMS pilots.

6. The manual sets out information and advice for PMS schemes, from the process of contract negotiation, to issues around the actual operation of pilots and towards permanency.

GUIDANCE FOR DEVELOPING PERSONAL MEDICAL SERVICES CONTRACTS

7. The outline PMS contract aims to help Primary Care Trusts, LHCCs, Practices and Primary Care Professionals with the development of local PMS contracts.

8. The outline covers a core set of contractual requirements, which Trusts and Practices/Primary Care Professionals would need to include in every PMS contract; and a series of headings highlighting the areas which Trusts and Practices/GPs will want to consider for inclusion in a contract, although the detail and content will vary to suit local requirements.

The PMS manual and contract guidance above are available through SHOW - www.show.scot.nhs.uk/lhcc (click on PMS button).

ISLAND HEALTH BOARDS AND SALARIED GPS

9. With the introduction of PMS contracts it is possible for Trusts and Island Health Boards to enter into contracts with practitioners for the provision of personal medical services on a salaried basis. (The current restriction on engaging practitioners on a salaried basis applies only to general medical services.)

CHANGES TO THE CHOICE OF MEDICAL PRACTITIONER REGULATIONS

10. The NHS (Choice of Medical Practitioner) (Scotland) Regulations 1998 have been amended so that patients may apply to join the list of a doctor who performs personal medical services under the PMS Regulations. In addition, patients whose applications to join any list have been refused may now be assigned to such a doctor.

Action

11. Primary Care Trusts and Health Boards are asked to bring this HDL to the attention of all Primary Care Professionals in their area.

GODFREY ROBSON

ANNEX A is a Scottish Statutory Instrument (2001 No. 72). Click here to view the document on the HMSO site.

ANNEX B

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978

DIRECTIONS TO HEALTH BOARDS CONCERNING THE DELEGATION OF
FUNCTIONS TO PRIMARY CARE NHS TRUSTS

The Scottish Ministers in exercise of the powers conferred upon them by sections 2(5) and
12AA of the National Health Service (Scotland) Act 1978 (a) hereby make the following
Directions:

Commencement, application and interpretation

1.-(1) These Directions are given to all Health Boards and shall come into force the day after they are signed.

(2) In these Directions, unless the context otherwise requires-

"appropriate primary care NHS Trust" means an NHS trust in the area of a Health Board as listed in the Schedule to these Directions.

Delegation of functions

2. Each mainland Health Board shall delegate to the appropriate primary care NHS trust in its area, its functions relating to arrangements under section 17C of the National Health Service (Scotland) Act 1978 for the provision of personal medical services.

A member of the staff of the Scottish Ministers

10 April 2001

(a) 1978 c.29; section 2(5) was amended by the National Health Service and Community care Act 1990 (c. 19). Schedule 9, paragraph 19(1); section 12AA was inserted by the Health Act 1999 (c.8), section 47. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

SCHEDULE

PRIMARY CARE NHS TRUSTS

The Ayrshire and Arran Primary Care NHS Trust

The Borders Primary Care NHS Trust

The Dumfries and Galloway Primary Care NHS Trust

The Fife Primary Care NHS Trust

The Forth Valley Primary Care NHS Trust

The Grampian Primary Care NHS Trust

The Greater Glasgow Primary Care NHS Trust

The Highland Primary Care NHS Trust

The Lanarkshire Primary Care NHS Trust

The Lomond and Argyll Primary Care NHS Trust (whose area of responsibility is that part of Argyll and Clyde Health Board's area which lies to the North of the River Clyde)

The Lothian Primary Care NHS Trust (whose area of responsibility comprises of Lothian Health Board's area except the part which lies within the West Lothian Local Authority boundaries)

The Renfrewshire and Inverclyde Primary Care NHS Trust (whose area of responsibility is that part of Argyll and Clyde Health Board's area which lies to the South of the River Clyde)

The Tayside Primary Care NHS Trust

The West Lothian Healthcare NHS Trust (whose area of responsibility is that part of Lothian Health Board's area which lies within the West Lothian Local Authority boundaries).

ANNEX C is a PDF document (237 KB). Click here to open.

ANNEX D is a PDF document (79 KB). Click here to open.

ANNEX E is a Scottish Statutory Instrument (2001 No. 85). Click here to view the document on the HMSO site.