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The British Medical Association model publication scheme for general practitioners in Scotland

11 May 2004

Immediate action required by Scottish GPs

• The following information is important and requires immediate attention.
• This explains your obligations to make information available under the Freedom of Information (Scotland) Act 2002.
• Please refer to the BMA Model Publication Scheme for General Practitioners in Scotland and the accompanying guidance note, which outlines the legislative requirements on GPs to make information available under the legislation.
• Scottish GPs need to either adopt the BMA Model Publication Scheme for General Practitioners in Scotland by 31 May 2004 or else submit their own proposed Publication Scheme for Scottish Information Commissioner approval by 31 May 2004.
• All publication schemes for general practices must be in place by 1 September 2004.

The introduction of the Freedom of Information (Scotland) Act 2002, promoted and enforced by the Scottish Information Commissioner, recognises that members of the public have the right to know how public services are organised and run, how much they cost and how decisions are made. From 1 January 2005 the Act introduces a general statutory right of access to all types of ‘recorded’ information held by Scottish public authorities. From this date, General Practices will be regarded as public authorities as defined under the Act and will be obliged to respond to requests for information and provide that information, subject to particular conditions and exemptions set out in the Act.

General Practices will have a legal duty to adopt and maintain a publication scheme. For the health sector, including General Practices, all publication Schemes, approved by the Scottish Information Commission must be adopted by 31 May 2004 and in place by 1 September 2004. From this date, individuals will be able to request information under the scheme. For GPs, a Publication Scheme may be described as being effectively a detailed guide to the information published by the practice. The required range of information includes details relating to the partnership or single practice, services offered and information concerning practice funding and practice decision-making processes.

To assist General Practitioners in meeting their obligations under the legislation, the Scottish General Practitioners Committee has developed the British Medical Association Model Publication Scheme for General Practitioners in Scotland, which has been approved by the Scottish Information Commissioner. Practices may choose to adopt this Model Publication Scheme, which was based upon the Model Publication Scheme already agreed by the Department of Health and GPC in England, and adapted to meet the requirements of the Scottish legislation.

Downloadable copies of our Model Publication Scheme proforma for Scottish practices and the guidance are available via the links at the top of this page.

We hope that practices will find this Model Publication Scheme and accompanying guidance helpful.

Information on the Freedom of Information Act: publication scheme for GPs in England and Wales can be found on the BMA website.

Further useful information may be found at the following web sites
Freedom of Information (Scotland) Act 2002 (Section 23 of the Act refers to Publication Schemes and Section 24 to Model Publication Schemes) www.hmso.gov.uk/legislation/scotland/acts2002/20020013.htm

Scottish Information Commission
www.itspublicknowledge.info

Scottish Executive Freedom of Information web site
www.scotland.gov.uk/Topics/?pageID=198

NHS Scotland Confidentiality and Data Protection web site
www.show.scot.nhs.uk/confidentiality/information_commissioner.htm