GMS 2018 Regulations - FOI Response Register

I would be grateful for your assistance with the following information that concerns contractor access to dispute procedures under the GMS 2018 Contract. 

I have tried to give precise information for each question in the hope that the intention of the question asked is clear.

Information requested

1. I refer to The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (GMS 2018 Regulations) dispute resolution Schedule 6, Part 7, paragraph 89 procedures, in relation to sub-paragraph (2).   

(2) Every Health Board will keep a list of trained mediators who are also employees of the Health Board or available to be engaged by the Health Board and who the Health Board is satisfied are capable of performing the local resolution approved mediator functions.

1. Who is responsible for compliance with the GMS 2018 regulations in the Health Board?  

The respective parties to the contract i.e. some elements pertain to a Health Board and others to the Contractor

1. Please state the number of employees listed as mediators under Part 7 paragraph 89 GMS 2018 regulations?

Currently none

1. Please state whether or not the Health Board has a list of mediators available to be engaged (whether employed or not employed until required as mediators)?

Yes, and can be called on if required

2. In addition, I refer to the procedures relating to giving notice of a dispute. Notice of a dispute may be given as shown in the regulations here: The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 paragraph 89(4) of Part 7 of the 2018 Regulations.

4) Either party to the contract may commence the local dispute resolution process by serving written notice on— (a) the other party to the contract; and (b) the area medical committee for the second Health Board’s area.

1. Has the Health Board itself ever given notice of a dispute under the regulations (since their inception), or has the Health Board been in receipt of such a notice (and how many) from a GP or other Contractors?
2. No

2.2 Has the Health Board received notice of a dispute about permission to open a branch GP premises?

No

2.3 Has the Health Board received notice of a dispute about a request to close a branch GP Premises?

No

2.4 Please give a broad description of the nature of the dispute notice for example:  premises, finance, complaints, services (including access to GMS Services), contract matters, or other matters not named here.  

N/A

3. Second Health Board functions. The regulations state as follows: 

3 of 5 pages

(6) Upon receipt of the notice referred to in sub-paragraph (4)— (a) the Second Health Board must request that the First Health Board convene a local resolution panel; and (b) that local resolution panel must choose, from the list of local resolution approved mediators, a local resolution approved mediator whom the panel considers capable of performing the local resolution approved mediator functions in relation to the dispute.

If performing the function of second health board please state: 

1. Has the Health Board been approached to act as a second health board?

No, there has been no case requiring this. If we were to be formally approached we would consider the options

1. Has the Health Board requested that the First Health Board convene a dispute resolution panel? Please name the First Health Board(s)  

As above

1. If the request to convene a dispute resolution panel was made, then was the requirement to convene the panel acted upon by the first Health Board?

As above

4. Appointment of trained mediators.

Under sub-paragraph (2) Schedule 6, Part 7, paragraph 89, the Health Board will appoint trained mediators. 

1. Has the Health Board appointed any trained mediators?

No, as per Q2

1. Are you able to state whether or not the Health Board has approached any individuals or agencies supplying potential mediators: when were they approached and the outcome of the recruitment?  

We have approached an agency who can supply trained mediators on request

1. Have any Health Board employees or persons otherwise engaged by the Health Board received training in local resolution approved mediator functions that are listed below from the regulations in Schedule 6, Part 7, paragraph 89 procedures, in relation to sub-paragraph (1).  

As above

 (a) facilitating, co-ordinating and mediating communication between the parties to a dispute arising out of or in connection with a contract with a view to helping the parties to reach a voluntary resolution to their dispute;  (b) assisting the parties to explore options for negotiating a resolution to the dispute; and 

(c) providing recommendations to facilitate resolution of the contractual dispute and reporting to the area medical committee, the local resolution panel and the parties to the dispute in accordance with sub-paragraph (9).

(Sub-paragraph 9 makes reference to the provision of a written report).

5. Referral of a dispute to Scottish Ministers. Again, The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (GMS 2018 Regulations) Part 7 dispute resolution 2018 Schedule 6, Part 7, paragraph 91 provides for procedures to refer a dispute for determination by Scottish Ministers.

1. Has the Health Board referred a dispute to Scottish Ministers and the number of disputes if so referred?  

None

1. Did Scottish Ministers establish a panel to adjudicate the dispute or did Scottish Ministers reach a determination?

n/a

1. Of disputes referred please indicate the broad nature of the dispute – for example, was the dispute about premises, finance, complaints, services (including access to GMS Services), contract matters, or other matters not named here. (Please state the disputed issue in broad terms).

n/a

1. In addition, please highlight where the dispute concerned access to GMS Services at premises whether named premises or proposed premises.

n/a

1. Please state whether any of the premises are owned by the Health Board, a GP Contractor, or another party. 

n/a

6. In the Health Board area please state the type of contractor and the premises listed as follows:

1. Please state the number and type of GMS 2018 contractors

(partnership, limited liability partnership, an individual GP Contractor, or other)

None – we have one 17C practice, the rest are 2C

1. and the type of approved suitable premises (Health Board owned, GP owned, leased by the Health Board, leased by the Contractor, Other ownership)   

All our premises are NHS owned

1. and whether the premises are principal or branch premises, and if named in schedule 2 of the model contract?

n/a