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

Termination by [F1 NHS England] for breach of conditions in regulation 5 E+W

65.—(1) Subject to paragraph (2), [F1 NHS England] must give notice in writing to the contractor terminating the contract with immediate effect where, in any case, a contractor who is an individual medical practitioner has ceased to be a general medical practitioner.

(2) Where the contractor referred to in sub-paragraph (1) has ceased to satisfy the condition specified in regulation 5(1)(a) by reason of a suspension of the type described in sub-paragraph (7), [F1 NHS England] is not required to give notice to the contractor under sub-paragraph (1) unless—

(a) the contractor is unable to satisfy [F1 NHS England] that it has in place adequate arrangements for the provision of clinical services under the contract for so long as the suspension continues; or

(b) [F1 NHS England] is satisfied that the circumstances of the suspension are such that if the contract is not terminated with immediate effect—

(i) the safety of the contractor's patients would be at serious risk, or

(ii) [F1 NHS England] would be at risk of material financial loss.

(3) Sub-paragraph (4) applies where—

(a) except in a case to which paragraph 59(4) applies, the contractor consists of two or more persons practising in partnership and the condition specified in regulation 5(1)(b) is no longer satisfied; or

(b) the contractor is a company limited by shares, and the condition specified in regulation 5(1)(c) is no longer satisfied.

(4) Where this sub-paragraph applies, [F1 NHS England] must—

(a) give notice in writing to the contractor terminating the contract with immediate effect; or

(b) give notice in writing to the contractor confirming that [F1 NHS England] is prepared to allow the contract to continue, for a period specified by [F1 NHS England], in accordance with sub-paragraph (5) (“the interim period”).

(5) The period specified by [F1 NHS England] under sub-paragraph (4)(b) must not exceed—

(a) six months; or

(b) where the failure of the contractor to continue to satisfy the condition in regulation 5(1)(b) or 5(1)(c), is by reason of a suspension described in sub-paragraph (7), the period for which that suspension continues.

(6) [F1 NHS England] must, during the interim period and with the consent of the contractor, employ or supply the contractor with one or more general medical practitioners for the interim period to assist the contractor in the provision of clinical services under the contract.

(7) The suspensions described in this sub-paragraph are suspension—

(a) by a Fitness to Practise Panel under—

(i) section 35D of the Medical Act 1983 M1 (functions of a fitness to practise panel) in a health case, other than an indefinite suspension under section 35D(6) of that Act, or

(ii) section 38(1) of the Medical Act 1983 M2 (power to order immediate suspension etc. after a finding of impairment of fitness to practise); or

(b) by a Fitness to Practise Panel or an Interim Orders Panel under section 41A of the Medical Act 1983 M3 (interim orders).

(8) Before deciding which of the options in sub-paragraph (4) to pursue, [F1 NHS England] must, if it is reasonably practicable to do so, consult the Local Medical Committee (if any) for the area in which the contractor provides services under the contract.

(9) If the contractor does not, in accordance with sub-paragraph (6), consent to [F1 NHS England] employing or supplying a general medical practitioner during the interim period, [F1 NHS England] must give notice in writing to the contractor terminating the contract with immediate effect.

(10) If, at the end of the interim period, sub-paragraph (3)(a) or (b) continues to apply to the contractor, [F1 NHS England] must give notice in writing to the contractor terminating the contract with immediate effect.

(11) In this paragraph—

(a) “health case” has the meaning given in section 35E(4) of the Medical Act 1983 M4 (provisions supplementary to section 35D); and

(b) “general medical practitioner” has the meaning given in regulation 5(2).

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Marginal Citations

M1 1983 c.54. Section 35D was substituted by S.I. 2002/3135, and was amended by section 99 of, and Schedule 7 to, the Health and Social Care Act 2008 (c.14) and by S.I. 2014/1101 and S.I. 2015/794.

M2 Section 38 was substituted by S.I. 2002/3135 and was amended by S.I. 2015/794.

M3 Section 41A was substituted by S.I. 2002/3135 and was amended by S.I. 2006/1914 and S.I. 2015/794.

M4 1983 c.54. Section 35D was substituted by S.I. 2002/3135 and was amended by section 99 of, and Schedule 7 to, the Health and Social Care Act 2008, and by S.I. 2006/1914, S.I. 2014/1101, and S.I. 2015/794.