PART 5CONTRACTS: REQUIRED TERMS
Fees, charges and financial interests of the contractor22
1
The contract must contain terms relating to fee, charges and financial interests which have the same effect as those set out in paragraphs (2) to (4).
2
The contractor shall not, either itself or through any other person, demand or accept a fee or other remuneration for its own or another’s benefit from—
a
any patient of its for the provision of any treatment under the contract, except as otherwise provided in the NHS Charges Regulations; or
b
any person who has requested services under the contract for himself or a family member, as a prerequisite to providing services under the contract to that person or his family member.
3
The contract must contain a term that—
a
only permits the contractor to collect from any patient of its any charge that that patient is required to pay by virtue of the NHS Charges Regulations, in accordance with the requirements of those Regulations; and
b
provides for obligations imposed on the contractor by virtue of the NHS Charges Regulations to be terms of the contract.
4
The contract must contain a term that requires the contractor in making a decision—
a
as to what services to recommend or provide to a patient who has sought services under the contract; or
b
to refer a patient for other services by another contractor, hospital or other relevant service provider under Part 1 of the Act,
to do so without regard to its own financial interests.
5
The term “patient” in paragraph (3) shall have the same meaning as in regulation 2(1) of the NHS Charges Regulations.