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

[F1 Reactivation of a general medical services contract: general E+W

8.— (1) The reactivation of a contract is effective on the date which falls immediately after the date on which the contractor ceases performing or, as the case may be, providing primary medical services under an integrated care provider contract which must be—

(a) the date specified in the notice given under paragraph 7(1); or

(b) such later date as [F2 NHS England] may approve in the circumstances of a particular case.

(2) [F2 NHS England] must not reactivate a contract unless the conditions specified in sub-paragraph (3) are met.

(3) The conditions specified in this sub-paragraph are that—

(a) the contractor remains eligible to hold a contract in accordance with the conditions set out in regulations 5 and 6 at the date on which the reactivation of the contract is to take effect; and

(b) [F2 NHS England] is satisfied that, during the period in which the contractor’s contract was suspended, the contractor has not acted or failed to act in a manner that gives rise to [F2 NHS England's] right to terminate the contract under any of the provisions of Part 8 of Schedule 3.

(4) Where the reactivation of the contractor’s contract is intended to take effect on the second anniversary of the date on which the suspension of that contract took effect, [F2 NHS England] must notify in writing each person who resides in the contractor’s former practice area and who was on the list of registered service users of the integrated care provider that—

(a) the contractor intends to resume the provision of primary medical services under the contract in respect of people who reside in the contractor’s former practice area from the date specified in the notice; and

(b) if the person was on the contractor’s list of registered patients immediately prior to the date on which the suspension of the contractor’s contract took effect, the person will transfer onto the contractor’s list of registered patients from the date specified in the notice unless the person decides to remain registered with the integrated care provider or registers with another provider of primary medical services before that date.

(5) Where the reactivation of the contractor’s contract is intended to take effect after the second anniversary of the date on which the suspension of that contract took effect, [F2 NHS England] must notify in writing each person who resides in the contractor’s former practice area and who was on the list of registered service users of the integrated care provider that—

(a) the contractor intends to resume the provision of primary medical services under the contract in respect of people who reside in the contractor’s former practice area from the date specified in the notice; and

(b) the person will remain on the list of registered service users of the integrated care provider from the date specified in the notice unless the person decides to register with the contractor or with another provider of primary medical services before that date.

(6) Where a contract is reactivated by [F2 NHS England], the terms of that contract which are to apply are those terms which are effective at the date on which the reactivation takes effect subject to any variation of those terms which may be agreed between the contractor and [F2 NHS England].]

Textual Amendments

F1 Sch. 3A inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 30

F2 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