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SCHEDULE 3E+WOther contractual terms

[F1PART 2AE+WList of patients: Crown servants posted overseas and their family members

Textual Amendments

CHAPTER 3E+WCrown servants and family members returning to the United Kingdom: registration with a new practice

Crown servants and family members returning to the United Kingdom for more than three months: inclusion in list of patients of a new practiceE+W

32F.—(1) A contractor must, if the contractor’s list of patients is open, include a qualifying person (“P”) in the contractor’s list of patients if—

(a)P is not registered as a patient with a provider of primary medical services,

(b)P is returning, or has returned, to the United Kingdom for a period of more than three months,

(c)P is not required to be treated as a previous patient of the contractor, and

(d)either—

(i)P makes an application for inclusion in that list (a “list application”), or

(ii)where P is a person to whom sub-paragraph (2) applies, a list application is made on their behalf by an appropriate person.

(2) This sub-paragraph applies to a person if they—

(a)have not attained the age of 16 years, or

(b)lack the capacity to make a list application or to authorise a person to make such an application on their behalf.

(3) A list application may be made during the period commencing one month prior to the planned return date and ending 24 hours prior to that date.

(4) Where a contractor’s list of patients is closed, the contractor may, by virtue of this sub-paragraph, accept a list application if the applicant is an immediate family member of a registered patient.

(5) Paragraph 29(1)(a) or (d) does not apply in respect of a qualifying person who is included in the contractor’s list of patients by virtue of sub-paragraph (1) before their return to the United Kingdom.

(6) Where a contractor accepts a list application, the contractor—

(a)must give notice in writing to [F2NHS England] of that acceptance (including the planned return date) as soon as possible, but

(b)is not required to provide primary medical services to the qualifying person before they return to the United Kingdom.

(7) [F2NHS England] must, on receipt of a notice given under sub-paragraph (6)(a)—

(a)include the qualifying person in the contractor’s list of patients from the relevant date, and

(b)give notice in writing to the qualifying person or the appropriate person (as the case may be) of the acceptance.

(8) For the purposes of sub-paragraph (7)(a) “the relevant date” is the later of—

(a)the date on which [F2NHS England] receives the notice given under sub-paragraph (6)(a), and

(b)the planned return date.

(9) This paragraph is subject to paragraph 32H.

Textual Amendments

Crown servants and family members returning to the United Kingdom for three months or less: temporary registration with new practiceE+W

32G.—(1) A contractor must, if the contractor’s list of patients is open, accept a qualifying person to whom sub-paragraph (2) applies (“P”) as a temporary resident provided that the contractor is satisfied that—

(a)if P is in the United Kingdom, P is not being provided with essential services (or their equivalent) under any other arrangement in the locality where P is temporarily residing, or

(b)if P is not yet in the United Kingdom, when P arrives in the United Kingdom, P will not be provided with essential services (or their equivalent) under any other arrangement in the locality where P will be temporarily residing.

(2) This sub-paragraph applies to a qualifying person if—

(a)they are returning, or have returned, to the United Kingdom for a period of at least 24 hours but not more than three months,

(b)they are not required to be treated as a previous patient of the contractor, and

(c)either—

(i)they make an application to be accepted as a temporary resident by the contractor (a “temporary resident application”), or

(ii)where they are a person to whom sub-paragraph (3) applies, a temporary resident application is made on their behalf by an appropriate person.

(3) This sub-paragraph applies to a person if they—

(a)have not attained the age of 16 years, or

(b)lack the capacity to make a temporary resident application or to authorise a person to make such an application on their behalf.

(4) A temporary resident application may be made on or after the date which falls one month before the planned return date.

(5) Where a contractor accepts a temporary resident application, the contractor’s responsibility for the relevant qualifying person does not begin until the relevant date.

(6) Where a contractor wants to terminate its responsibility for a qualifying person accepted by it as a temporary resident under this paragraph before the end of the temporary residence period—

(a)the contractor must give notice, either orally or in writing, of that fact to the qualifying person or an appropriate person (as the case may be), and

(b)the contractor’s responsibility for the qualifying person is to cease seven days after the date on which the notice mentioned in paragraph (a) is given.

(7) The contractor must give notice in writing to [F2NHS England] of its acceptance of the qualifying person as a temporary resident—

(a)at the end of the period of three months beginning with the relevant date, or

(b)if the contractor’s period of responsibility for that person as a temporary resident came to an end earlier than the end of the three month period referred to in paragraph (a), at the end of that period.

(8) In this paragraph—

“relevant date” means the later of—

(a)

the date on which the contractor accepts the qualifying person as a temporary resident, and

(b)

the date on which the qualifying person returns to the United Kingdom;

“the temporary residence period”, in relation to a qualifying person, means—

(a)

the period of three months beginning with the relevant date, or

(b)

such shorter period for which the contractor agreed to accept that person as a temporary resident.

(9) This paragraph is subject to paragraph 32H.]

Textual Amendments