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. Minor surgery

   8. 20. Services: general

   9. 20A. Services: remote provision outside practice premises

   10. 21. Membership of a CCG

   11. 22. Certificates

   12. 22A. Patients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption

   13. 23. Finance

   14. 24. Fees and charges

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

   16. 26. Patient participation

   17. 27. Publication of earnings information

   18. 27A. Disclosure of information about NHS earnings: contractors and sub-contractors

   19. 27AA. Disclosure of information about NHS earnings: jobholders

   20. 27B. Calculation of NHS earnings for the purposes of regulations 27A and 27AA

   21. 28. Sub-contracting

   22. 29. Variation of contracts

   23. 29A. Variation of contracts: integrated care provider contracts

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

   25. 31. Termination of a contract

   26. 32. Other contractual terms

   27. 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: minor surgery

   4. 36. Minor surgery: temporary opt outs and permanent opt outs following temporary opt outs

   5. 37. Minor surgery: 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. 55A. Prescribing software and supply shortages etc. of medicines

   3. 56. Orders for drugs, medicines or appliances

   4. 57. Electronic prescriptions

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

   6. 59. Repeatable prescribing services

   7. 60. Repeatable prescriptions

   8. 60A. Prescribing for electronic repeat dispensing

   9. 61. Restrictions on prescribing by medical practitioners

   10. 62. Restrictions on prescribing by supplementary prescribers

   11. 63. Bulk prescribing

   12. 64. Excessive prescribing

   13. 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 9A Vaccines and immunisations

    1. 66A. Vaccines and immunisations: duty of co-operation

    2. 66B. Vaccines and immunisations: standards

    3. 66C. Vaccines and immunisations: catch-up campaigns

    4. 66D. Vaccines and immunisations: additional staff training

    5. 66E. Vaccines and immunisations: nominated person

    6. 66F. Vaccines and immunisations: exception for private arrangements

12. 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. 69A. Transfer of patient records between GP practices: time limits

    6. 70. Clinical correspondence: requirement for NHS number

    7. 70A. Use of fax machines

    8. 71. Patient online services : appointments and prescriptions

    9. 71ZA. Patient online services: provision of online access to coded information in medical record and prospective medical records

    10. 71ZB. Patient online services: provision of online access to full digital medical record

    11. 71ZC. Patient online services: providing and updating personal or contact information

    12. 71ZD. Patient online services: provision of an online consultation tool

    13. 71ZE. Secure electronic communications

    14. 71ZF. Video consultations

    15. 71ZG. Meaning of “appropriate software” for the purposes of regulations 71ZD, 71ZE and 71ZF

    16. 71A. Patient access to online services

    17. 71B. Patient access: other availability of directly bookable appointments

    18. 72. Confidentiality of personal data: nominated person

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

    20. 73A. Requirement to maintain profile page on NHS website

    21. 74. Provision of information

    22. 74A. Provision of information: GP access data

    23. 74B. National Diabetes Audit

    24. 74C. Information relating to indicators no longer in the Quality and Outcomes Framework

    25. 74D. Information relating to alcohol related risk reduction and dementia diagnosis and treatment

    26. 74E. NHS England Workforce Collections

    27. 74F. Information relating to overseas visitors

    28. 74G. Medicines and Healthcare products Regulatory Agency Central Alerting System

    29. 74H. Collection of data relating to appointments in general practice

    30. 74I. Collection of data concerning use of online consultation tools and video consultations

    31. 75. Inquiries about prescriptions and referrals

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

    33. 77. Annual return and review

    34. 78. Practice leaflet

13. PART 11 Complaints

    1. 79. Complaints procedure

    2. 80. Co-operation with investigations

14. 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

15. PART 13 Functions of a Local Medical Committee

    1. 86. Functions of a Local Medical Committee

16. PART 14 Miscellaneous

    1. 87. Clinical governance

    2. 88. Friends and Family Test

    3. 89. Co-operation with NHS England

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

    5. 91. Insurance

    6. 92. Public liability insurance

    7. 93. Gifts

    8. 94. Compliance with legislation and guidance

    9. 95. Third party rights

17. 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

18. Signature

19. 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. 2A. New telephone contract or arrangement

          4. 3. Cost of relevant calls

          5. 4. Contact with the practice

          6. 5. Attendance outside practice premises

          7. 6. Newly registered patients

          8. 7. Newly registered patients – alcohol dependency screening

          9. 7A. Patients living with frailty

          10. 8. Accountable GP

          11. 9. Patients not seen within three years

          12. 10. Patients aged 75 and over

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

          14. 11A. NHS e-Referral Service (e-RS)

          15. 11B. Direct booking by NHS 111 or via a connected service

          16. 12. Clinical reports

          17. 13. Storage of vaccines

          18. 14. Infection control

          19. 15. Duty of co-operation

          20. 15A. Duty of co-operation: Primary Care Networks

          21. 15B. Duty to have regard to Armed Forces Covenant principles

          22. 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 2A List of patients: Crown servants posted overseas and their family members

          1. CHAPTER 1 Interpretation of Part 2A

             1. 32A. Meaning of “qualifying person”

             2. 32B. Qualifying persons to be treated as previous patients of contractors

             3. 32C. General interpretation of Part 2A

          2. CHAPTER 2 Crown servants and family members returning to the United Kingdom: registering with original or successor practice

             1. 32D. Crown servants and family members returning to the United Kingdom for more than three months: inclusion in list of original or successor practice

             2. 32E. Persons returning to the United Kingdom for three months or less: temporary registration with original or successor practice

          3. CHAPTER 3 Crown servants and family members returning to the United Kingdom: registration with a new practice

             1. 32F. Crown servants and family members returning to the United Kingdom for more than three months: inclusion in list of patients of a new practice

             2. 32G. Crown servants and family members returning to the United Kingdom for three months or less: temporary registration with new practice

          4. CHAPTER 4 Refusal of applications under this Part

             1. 32H. Refusal of an application under paragraphs 32D to 32G

       4. 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

       5. 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 NHS England

       6. 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

       7. 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

       8. PART 7 Notice requirements and rights of entry

          1. 49. Notices to NHS England

          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 NHS England

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

          8. 56. Entry and inspection by Local Healthwatch organisations

       9. 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 NHS England: general

          9. 65. Termination by NHS England for breach of conditions in regulation 5

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

          11. 67. Other grounds for termination by NHS England

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

          13. 69. Termination by NHS England for unlawful sub-contracting

          14. 70. Termination by NHS England: remedial notices and breach notices

          15. 71. Termination by NHS England: 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...

20. Explanatory Note