The National Health Service (Personal Medical Services Agreements) Regulations 2015

[F1 Integrated care provider contracts E+W

3.— (1) For the purposes of this Schedule, an “integrated care provider contract” is a contract entered into on or after 1st April 2019 which satisfies the following sub-paragraphs.

(2) An integrated care provider contract must be between—

(a) one or more of the persons specified in sub-paragraph (3); and

(b) a person who is a provider of services specified in sub-paragraph (5).

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

(a) [F2 NHS England];

(b) one or more [F3 integrated care boards]; or

(c) one or more local authorities in England.

(4) An integrated care provider contract must—

(a) relate to the provision of two or more of the services specified in sub-paragraph (5); and

(b) not be a contract to which sub-paragraph (6) applies.

(5) The services specified in this sub-paragraph are—

(a) primary medical services;

(b) secondary care services;

(c) public health services; and

(d) adult social care services,

and include such services where they are provided under arrangements entered into by an NHS body or a local authority in England by virtue of section 75 of the Act.

(6) This sub-paragraph applies to a contract for the provision of primary medical services to which directions given by the Secretary of State under section 98A of the Act (exercise of functions) relating to the provision of alternative provider medical services under section 83(2) of the Act apply.

(7) In this paragraph—

“adult social care services” means services provided pursuant to the exercise of the adult social services functions of a local authority in England;

“adult social services functions” means social services functions within the meaning of section 1A of the Local Authority and Social Services Act 1970 so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies;

“primary medical services” means services which [F2 NHS England] considers it appropriate to secure the provision of under section 83(2) of the 2006 Act (primary medical services);

“public health functions” means—

(a)

the public health functions of the Secretary of State under the following provisions of the Act—

(i)

section 2A (Secretary of State’s duty as to protection of public health);

(ii)

section 2B (functions of local authorities and Secretary of State as to improvement of public health); or

(iii)

paragraphs 8 and 12 of Schedule 1 (further provision about the Secretary of State and services under the Act);

(b)

the public health functions of a local authority in England under the following provisions of the Act, and any regulations made under these provisions—

(i)

section 2B (functions of local authorities and Secretary of State as to improvement of public health);

(ii)

section 111 (dental public health); or

(iii)

paragraphs 1 to 7B or 13 of Schedule 1 (further provision about the Secretary of State and services under this Act);

(c)

the public health functions of the Secretary of State that a local authority in England is required to exercise by virtue of regulations made under section 6C(1) (regulations as to the exercise by local authorities of certain public health functions) of the Act; or

(d)

the public health functions of the Secretary of State where they are exercised by [F2 NHS England], [F3 an integrated care board] or a local authority in England where those bodies are acting pursuant to arrangements made under section 7A (exercise of the Secretary of State’s public health functions) [F4 or 7B (directions requiring NHS bodies to exercise public health functions)] of the Act;

“public health services” are services which are provided pursuant to the exercise of public health functions;

“secondary care services” means—

(a)

such services, accommodation or facilities as [F3 an integrated care board] considers it appropriate to make arrangements for the provision of under or by virtue of section 3 (duties of [F3 integrated care boards] as to commissioning of health services) or 3A (power of [F3 integrated care boards] to commission certain health services) of the Act; or

(b)

such services or facilities as [F2 NHS England] is required by the Secretary of State to arrange by virtue of regulations made under section 3B (power to require [F2 NHS England] to commission certain health services) of the Act.

(8) For the purposes of this paragraph, any of the following is a local authority in England—

(a) a county council;

(b) a county borough council;

(c) a district council;

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly.]

Textual Amendments

F1 Sch. 2A inserted (E.) (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 33

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

F3 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F4 Words in Sch. 2A para. 3(7) inserted (15.5.2023) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/449), reg. 1(2)(b), Sch. 2 para. 11