The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862) (“the GMS Regulations”) and the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879) (“the PMS Regulations”), which respectively make provision in respect of services provided under a general medical services contract and a personal medical services agreement pursuant to Part 4 of the National Health Service Act 2006 (c. 41). They apply in relation to England only.

The GMS Regulations and the PMS Regulations are amended so that such a contract or an agreement must contain a term requiring certain persons (medical practitioners and other individuals providing services pursuant to or in support of the contract or agreement) to disclose certain information to the Health and Social Care Information Centre (commonly known as NHS Digital) at a specified time if their annual earnings exceed a specified threshold. The Regulations also prescribe how those earnings are to be calculated. Similar provision is also required to be included in certain sub-contracts. (See Part 1 of Schedule 1 and Part 1 of Schedule 2.)

The GMS Regulations and the PMS Regulations are also amended—

(a) to make provision for certain Crown servants who are posted overseas who are returning to the United Kingdom from their posting, and certain of their family members, to make an application to re-register with their GP practice either prior to their return or within three months of their return, or to make an advance application to register with a new GP practice (Part 2 of Schedule 1 and Part 2 of Schedule 2),

(b) to make provision for certain Crown servants who are posted overseas, and certain of their family members, who are returning to the United Kingdom for no more than three months to make an advance application to register as a temporary resident with a GP practice whilst they are in the United Kingdom (Part 2 of Schedule 1 and Part 2 of Schedule 2),

(c) to remove the patient consent requirement in relation to electronic repeat dispensing (Part 3 of Schedule 1 and Part 3 of Schedule 2),

(d) to require contractors to have a secure method for communicating electronically with their patients, to put in place an online consultation tool for use by their patients, to put in place a video conferencing facility and to provide an electronic facility for patients to notify them of a change to their personal details (Part 4 of Schedule 1 and Part 4 of Schedule 2),

(e) to require contractors to provide certificates of exemption from any requirement to be tested for, or vaccinated against, coronavirus to patients free of charge (Part 5 of Schedule 1 and Part 5 of Schedule 2), and

(f) where a patient registers with a new practice, to require that the patient’s medical records are sent to the new practice within 28 days of the records being requested (Part 6 of Schedule 1 and Part 6 of Schedule 2).

Consequential and other minor amendments are also made to the GMS Regulations and the PMS Regulations. Minor amendments are also made to the GMS Regulations to correct drafting errors reported by the Joint Committee on Statutory Instruments in their Second Report of the 2021-22 Session (Part 6 of Schedule 1). Regulation 3 makes related transitional provision.

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.