The National Health Service (General Medical Services Contracts) Regulations 2015

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Application

   3. 3. Interpretation

   4. 3A. Variation of core hours while a disease is or in anticipation of a disease being imminently pandemic etc.

   5. 3B. Amendment and withdrawal of announcements and advice in respect of pandemics etc.

3. PART 2 Contractors: conditions and eligibility

   1. 4. Conditions: general

   2. 5. Conditions relating solely to medical practitioners

   3. 6. General condition relating to all contracts

   4. 7. Notice of conditions not being met and reasons

   5. 8. Right of appeal

4. PART 3 Pre-contract dispute resolution

   1. 9. Pre-contract disputes

5. PART 4 Health service body status

   1. 10. Health service body status: election

   2. 11. Health service body status: variation of contracts

   3. 12. Cessation of health service body status

6. PART 5 Contracts: required terms

   1. 13. Parties to the contract

   2. 14. Health service contract

   3. 15. Contracts with individuals practising in partnership

   4. 16. Duration

   5. 17. Essential services

   6. 18. Out of hours services

   7. 19. Additional services

   8. 20. Services: general

   9. 21. Membership of a CCG

   10. 22. Certificates

   11. 23. Finance

   12. 24. Fees and charges

   13. 25. Circumstances in which fees and charges may be made

   14. 26. Patient participation

   15. 27. Publication of earnings information

   16. 28. Sub-contracting

   17. 29. Variation of contracts

   18. 29A. Variation of contracts: integrated care provider contracts

   19. 30. Variation of contracts: registered patients from outside practice area

   20. 31. Termination of a contract

   21. 32. Other contractual terms

   22. 32A. Suspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.

7. PART 6 Opt outs: additional and out of hours services

   1. 33. Opt outs: interpretation

   2. 34. Opt outs: general

   3. 35. Opt outs: additional services

   4. 36. Additional services: temporary opt outs and permanent opt outs following temporary opt outs

   5. 37. Additional services: permanent opt outs

   6. 38. Out of hours services: opt outs

   7. 39. Informing patients of opt outs

8. PART 7 Persons who perform services

   1. 40. Qualifications of performers: medical practitioners

   2. 41. Qualifications of performers: health care professionals

   3. 42. Conditional registration or inclusion in primary care list

   4. 43. Clinical experience

   5. 44. Conditions for employment and engagement: medical practitioners

   6. 45. Conditions for employment or engagement: health care professionals

   7. 46. Clinical references

   8. 47. Verification of qualifications and competence

   9. 48. Training

   10. 49. Terms and conditions

   11. 50. Arrangements for GP Specialty Registrars

   12. 51. Notice requirements in respect of relevant prescribers

   13. 52. Signing of documents

   14. 53. Level of skill

   15. 54. Appraisal and assessment

9. PART 8 Prescribing and dispensing

   1. 55. Prescribing: general

   2. 56. Orders for drugs, medicines or appliances

   3. 57. Electronic prescriptions

   4. 58. Nomination of dispensers for the purposes of electronic prescriptions

   5. 59. Repeatable prescribing services

   6. 60. Repeatable prescriptions

   7. 60A. Prescribing for electronic repeat dispensing

   8. 61. Restrictions on prescribing by medical practitioners

   9. 62. Restrictions on prescribing by supplementary prescribers

   10. 63. Bulk prescribing

   11. 64. Excessive prescribing

   12. 65. Provision of drugs, medicines and appliances for immediate treatment or personal administration

10. PART 9 Prescribing and dispensing: out of hours services

    1. 66. Supply of medicines etc. by contractors providing out of hours services

11. PART 10 Records and information

    1. 67. Patient records

    2. 67A. Record of ethnicity information

    3. 68. Summary Care Record

    4. 69. Electronic transfer of patient records between GP practices

    5. 70. Clinical correspondence: requirement for NHS number

    6. 70A. Use of fax machines

    7. 71. Patient online services : appointments and prescriptions

    8. 71ZA. Patient online services: provision of online access to coded information in medical record and prospective medical record

    9. 71ZB. Patient online services: provision of online access to full digital medical record

    10. 71A. Patient access to online services

    11. 72. Confidentiality of personal data: nominated person

    12. 73. Requirement to have and maintain an online presence

    13. 73A. Requirement to maintain profile page on NHS website

    14. 74. Provision of information

    15. 74A. Provision of information: GP access data

    16. 74B. National Diabetes Audit

    17. 74C. Information relating to indicators no longer in the Quality and Outcomes Framework

    18. 74D. Information relating to alcohol related risk reduction and dementia diagnosis and treatment

    19. 74E. NHS Digital Workforce Collections

    20. 74F. Information relating to overseas visitors

    21. 74G. Medicines and Healthcare products Regulatory Agency Central Alerting System

    22. 74H. Collection of data relating to appointments in general practice

    23. 75. Inquiries about prescriptions and referrals

    24. 76. Provision of information to a medical officer etc.

    25. 77. Annual return and review

    26. 78. Practice leaflet

12. PART 11 Complaints

    1. 79. Complaints procedure

    2. 80. Co-operation with investigations

13. PART 12 Dispute resolution

    1. 81. Local resolution of contract disputes

    2. 82. Dispute resolution: non-NHS contracts

    3. 83. NHS dispute resolution procedure

    4. 84. Determination of the dispute

    5. 85. Interpretation of this Part

14. PART 13 Functions of a Local Medical Committee

    1. 86. Functions of a Local Medical Committee

15. PART 14 Miscellaneous

    1. 87. Clinical governance

    2. 88. Friends and Family Test

    3. 89. Co-operation with the Board

    4. 90. Co-operation with the Secretary of State and Health Education England

    5. 91. Insurance

    6. 92. Public liability insurance

    7. 93. Gifts

    8. 94. Compliance with legislation and guidance

    9. 95. Third party rights

16. PART 15 General transitional provision and saving, consequential amendments and revocations

    1. 96. General transitional provision and saving

    2. 97. Consequential amendments

    3. 98. Revocations

17. Signature

18. 1. SCHEDULE 1

       Additional services

       1. 1. Additional services: general

       2. 2. Cervical screening

       3. 3. Contraceptive services

       4. 4. Vaccines and immunisations

       5. 5. Childhood vaccines and immunisations

       6. 6. Child health surveillance

       7. 7. Maternity medical services

       8. 8. Minor surgery

    2. SCHEDULE 2

       List of prescribed medical certificates

    3. SCHEDULE 3

       Other contractual terms

       1. PART 1 Provision of services

          1. 1. Premises

          2. 2. Telephone services

          3. 3. Cost of relevant calls

          4. 4. Attendance at practice premises

          5. 5. Attendance outside practice premises

          6. 6. Newly registered patients

          7. 7. Newly registered patients – alcohol dependency screening

          8. 7A. Patients living with frailty

          9. 8. Accountable GP

          10. 9. Patients not seen within three years

          11. 10. Patients aged 75 and over

          12. 11. Patients aged 75 and over: accountable GP

          13. 11A. NHS e-Referral Service (e-RS)

          14. 11B. Direct booking by NHS 111 or via a connected service

          15. 12. Clinical reports

          16. 13. Storage of vaccines

          17. 14. Infection control

          18. 15. Duty of co-operation

          19. 15A. Duty of co-operation: Primary Care Networks

          20. 16. Cessation of service provision: information requests

       2. PART 2 Patients: general

          1. 17. List of patients

          2. 18. Application for inclusion in a list of patients

          3. 19. Inclusion in list of patients: armed forces personnel

          4. 19A. Inclusion in list of patients: detained persons

          5. 20. Temporary residents

          6. 21. Refusal of applications for inclusion in list of patients or for acceptance as temporary resident

          7. 22. Patient preference of a practitioner

          8. 23. Removal from the list at the request of the patient

          9. 24. Removal from the list at the request of the contractor

          10. 25. Removal from the list of patients who are violent

          11. 26. Removal from the list of patients registered elsewhere

          12. 27. Removal from the list of patients who have moved

          13. 28. Removal from the list of patients whose address is unknown

          14. 29. Removal from the list of patients absent from the United Kingdom etc.

          15. 30. Removal from the list of patients accepted elsewhere as temporary residents

          16. 31. Removal from the list of pupils etc. of a school

          17. 32. Termination of responsibility for patients not registered with the contractor

       3. PART 3 Lists of patients: closure etc.

          1. 33. Application for closure of list of patients

          2. 34. Approval of an application to close a list of patients

          3. 35. Rejection of an application to close a list of patients

          4. 36. Application for an extension of a closure period

          5. 37. Re-opening of list of patients

       4. PART 4 Assignment of patients to lists

          1. 38. Application of this Part

          2. 39. Assignment of patients to list of patients: open and closed lists

          3. 40. Factors relevant to assignments

          4. 40A. Assignment of patients from outside practice area

          5. 41. Assignments to closed lists: composition and determinations of the assessment panel

          6. 42. Assignment to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

          7. 43. Assignments to closed lists: assignments of patients by the Board

       5. PART 5 Sub-contracting

          1. 44. Sub-contracting of clinical matters

          2. 45. Sub-contracting out of hours services

          3. 46. Withdrawal and variation of approval under paragraph 45

          4. 47. Withdrawal or variation of approval with immediate effect

       6. PART 6 Provision of information: practice leaflet, use of NHS primary care logo, marketing campaigns and advertising private services

          1. 48. Information to be included in practice leaflets

          2. 48A. Use of NHS primary care logo

          3. 48B. Marketing campaigns

          4. 48C. Advertising private services

       7. PART 7 Notice requirements and rights of entry

          1. 49. Notices to the Board

          2. 50. Notice provisions specific to a contract with a company limited by shares

          3. 51. Notice provisions specific to a contract with two or more individuals practising in a partnership

          4. 52. Notice of deaths

          5. 53. Notices given to patients following variation of the contract

          6. 54. Entry and inspection by the Board

          7. 55. Entry and inspection by the Care Quality Commission

          8. 56. Entry and inspection by Local Healthwatch organisations

       8. PART 8 Variation and termination of contracts

          1. 57. Variation: general

          2. 58. Variation provisions specific to a contract with an individual medical practitioner

          3. 59. Variation provisions specific to a contract with two or more persons practising in partnership

          4. 60. Termination by agreement

          5. 61. Termination on the death of an individual medical practitioner

          6. 62. Termination by the contractor

          7. 63. Late payment notices

          8. 64. Termination by the Board: general

          9. 65. Termination by the Board for breach of conditions in regulation 5

          10. 66. Termination by the Board for the provision of untrue etc. information

          11. 67. Other grounds for termination by the Board

          12. 68. Termination by the Board where patients' safety is seriously at risk or where there is risk of material financial loss to Board

          13. 69. Termination by the Board for unlawful sub-contracting

          14. 70. Termination by the Board: remedial notices and breach notices

          15. 71. Termination by the Board: additional provisions specific to contracts with two or more persons practising in partnership and companies limited by shares

          16. 72. Contract sanctions

          17. 73. Contract sanctions and the NHS dispute resolution procedure

          18. 74. Termination and the NHS dispute resolution procedure

          19. 75. Consultation with the Local Medical Committee

    4. SCHEDULE 3A

       Suspension and reactivation of general medical services contracts

       1. 1. Interpretation

       2. 2. Right to suspend a general medical services contract

       3. 3. Integrated care provider contracts

       4. 4. Notice of intention to suspend a general medical services contract

       5. 5. Suspension of a general medical services contract: general

       6. 6. Notice of intention to reactivate a general medical services contract

       7. 7. Right to reactivate a general medical services contract

       8. 8. Reactivation of a general medical services contract: general

       9. 9. Termination, expiry or variation of an integrated care provider contract

    5. SCHEDULE 4

       Consequential amendments

       1. 1. Amendment of the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004

       2. 2. Amendment of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004

       3. 3. Amendment of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Establishment and Constitution) Order 2005

       4. 4. Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

       5. 5. Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, dental and Ophthalmic Services) Regulations 2010

       6. 6. Amendment of the National Health Service (Clinical Commissioning Groups) Regulations 2012

       7. 7. Amendment of the National Health Service (Performers Lists) (England) Regulations 2013

       8. 8. Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

       9. 9. Amendment of the National Health Service (Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013

       10. 10. Amendment of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013

    6. SCHEDULE 5

       List of enactments to be revoked

       1. 1. The enactments listed in column 1 of the Table are...

19. Explanatory Note