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

Health service body status: election

10.—(1) A person who proposes to enter into a contract with the Board (a “proposed contractor”) may elect, by giving notice in writing to the Board prior to entering into the contract, to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts).

(2) An election made by a proposed contractor under paragraph (1) has effect from the date on which the contract is entered into.

(3) If, by virtue of paragraph (1), a proposed contractor elects to be regarded as a health service body, the nature of, or any rights or liabilities under, any other contract previously entered into by that proposed contractor with a health service body before the date of that election remains unaffected.

(4) Paragraph (5) applies where—

(a) a contractor who is an individual medical practitioner enters, or two or more persons practising in a partnership enter, into a contract with the Board; and

(b) that contractor is to be regarded as a health service body in accordance with paragraph (1).

(5) Subject to regulation 11, the contractor is to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts) for as long as the contract continues irrespective of any change in the—

(a) partners in the partnership;

(b) status of the contractor from that of an individual medical practitioner to that of a partnership; or

(c) status of the contractor from that of a partnership to that of an individual medical practitioner.