The National Health Service (General Medical Services Contracts) Regulations 2015 No. 1862 xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 General
1.Citation and commencement
2.Application
3.Interpretation
3A.Variation of core hours while a disease is or in anticipation of a disease being imminently pandemic etc.
3B.Amendment and withdrawal of announcements and advice in respect of pandemics etc.
PART 2 Contractors: conditions and eligibility
4.Conditions: general
5.Conditions relating solely to medical practitioners
6.General condition relating to all contracts
7.Notice of conditions not being met and reasons
8.Right of appeal
PART 3 Pre-contract dispute resolution
9.Pre-contract disputes
PART 4 Health service body status
10.Health service body status: election
11.Health service body status: variation of contracts
12.Cessation of health service body status
PART 5 Contracts: required terms
13.Parties to the contract
14.Health service contract
15.Contracts with individuals practising in partnership
16.Duration
17.Essential services
18.Out of hours services
19.Minor surgery
20.Services: general
20A.Services: remote provision outside practice premises
21.Membership of a CCG
22.Certificates
22A.Patients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption
23.Finance
24.Fees and charges
25.Circumstances in which fees and charges may be made
26.Patient participation
27.Publication of earnings information
27A.Disclosure of information about NHS earnings: contractors and sub-contractors
27AA.Disclosure of information about NHS earnings: jobholders
27B.Calculation of NHS earnings for the purposes of regulations 27A and 27AA
28.Sub-contracting
29.Variation of contracts
29A.Variation of contracts: integrated care provider contracts
30.Variation of contracts: registered patients from outside practice area
31.Termination of a contract
32.Other contractual terms
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.
PART 6 Opt outs: additional and out of hours services
33.Opt outs: interpretation
34.Opt outs: general
35.Opt outs: minor surgery
36.Minor surgery: temporary opt outs and permanent opt outs following temporary opt outs
37.Minor surgery: permanent opt outs
38.Out of hours services: opt outs
39.Informing patients of opt outs
PART 7 Persons who perform services
40.Qualifications of performers: medical practitioners
41.Qualifications of performers: health care professionals
42.Conditional registration or inclusion in primary care list
43.Clinical experience
44.Conditions for employment and engagement: medical practitioners
45.Conditions for employment or engagement: health care professionals
46.Clinical references
47.Verification of qualifications and competence
48.Training
49.Terms and conditions
50.Arrangements for GP Specialty Registrars
51.Notice requirements in respect of relevant prescribers
52.Signing of documents
53.Level of skill
54.Appraisal and assessment
PART 8 Prescribing and dispensing
55.Prescribing: general
55A.Prescribing software and supply shortages etc. of medicines
56.Orders for drugs, medicines or appliances
57.Electronic prescriptions
58.Nomination of dispensers for the purposes of electronic prescriptions
59.Repeatable prescribing services
60.Repeatable prescriptions
60A.Prescribing for electronic repeat dispensing
61.Restrictions on prescribing by medical practitioners
62.Restrictions on prescribing by supplementary prescribers
63.Bulk prescribing
64.Excessive prescribing
65.Provision of drugs, medicines and appliances for immediate treatment or personal administration
PART 9 Prescribing and dispensing: out of hours services
66.Supply of medicines etc. by contractors providing out of hours services
PART 9A Vaccines and immunisations
66A.Vaccines and immunisations: duty of co-operation
66B.Vaccines and immunisations: standards
66C.Vaccines and immunisations: catch-up campaigns
66D.Vaccines and immunisations: additional staff training
66E.Vaccines and immunisations: nominated person
66F.Vaccines and immunisations: exception for private arrangements
PART 10 Records and information
67.Patient records
67A.Record of ethnicity information
68.Summary Care Record
69.Electronic transfer of patient records between GP practices
69A.Transfer of patient records between GP practices: time limits
70.Clinical correspondence: requirement for NHS number
70A.Use of fax machines
71.Patient online services : appointments and prescriptions
71ZA.Patient online services: provision of online access to coded information in medical record and prospective medical records
71ZB.Patient online services: provision of online access to full digital medical record
71ZC.Patient online services: providing and updating personal or contact information
71ZD.Patient online services: provision of an online consultation tool
71ZE.Secure electronic communications
71ZF.Video consultations
71ZG.Meaning of “appropriate software” for the purposes of regulations 71ZD, 71ZE and 71ZF
71A.Patient access to online services
71B.Patient access: other availability of directly bookable appointments
72.Confidentiality of personal data: nominated person
73.Requirement to have and maintain an online presence
73A.Requirement to maintain profile page on NHS website
74.Provision of information
74A.Provision of information: GP access data
74B.National Diabetes Audit
74C.Information relating to indicators no longer in the Quality and Outcomes Framework
74D.Information relating to alcohol related risk reduction and dementia diagnosis and treatment
74E.NHS England Workforce Collections
74F.Information relating to overseas visitors
74G.Medicines and Healthcare products Regulatory Agency Central Alerting System
74H.Collection of data relating to appointments in general practice
74I.Collection of data concerning use of online consultation tools and video consultations
75.Inquiries about prescriptions and referrals
76.Provision of information to a medical officer etc.
77.Annual return and review
78.Practice leaflet
PART 11 Complaints
79.Complaints procedure
80.Co-operation with investigations
PART 12 Dispute resolution
81.Local resolution of contract disputes
82.Dispute resolution: non-NHS contracts
83.NHS dispute resolution procedure
84.Determination of the dispute
85.Interpretation of this Part
PART 13 Functions of a Local Medical Committee
86.Functions of a Local Medical Committee
PART 14 Miscellaneous
87.Clinical governance
88.Friends and Family Test
89.Co-operation with NHS England
90.Co-operation with the Secretary of State and NHS England
91.Insurance
92.Public liability insurance
93.Gifts
94.Compliance with legislation and guidance
95.Third party rights
PART 15 General transitional provision and saving, consequential amendments and revocations
96.General transitional provision and saving
97.Consequential amendments
98.Revocations
Signature
SCHEDULE 1
Additional services
1.Additional services: general
2.Cervical screening
3.Contraceptive services
4.Vaccines and immunisations
5.Childhood vaccines and immunisations
6.Child health surveillance
7.Maternity medical services
8.Minor surgery
SCHEDULE 2
List of prescribed medical certificates
SCHEDULE 3
Other contractual terms
PART 1 Provision of services
1.Premises
2.Telephone services
2A.New telephone contract or arrangement
3.Cost of relevant calls
4.Contact with the practice
5.Attendance outside practice premises
6.Newly registered patients
7.Newly registered patients – alcohol dependency screening
7A.Patients living with frailty
8.Accountable GP
9.Patients not seen within three years
10.Patients aged 75 and over
11.Patients aged 75 and over: accountable GP
11A.NHS e-Referral Service (e-RS)
11B.Direct booking by NHS 111 or via a connected service
12.Clinical reports
13.Storage of vaccines
14.Infection control
15.Duty of co-operation
15A.Duty of co-operation: Primary Care Networks
15B.Duty to have regard to Armed Forces Covenant principles
16.Cessation of service provision: information requests
PART 2 Patients: general
17.List of patients
18.Application for inclusion in a list of patients
19.Inclusion in list of patients: armed forces personnel
19A.Inclusion in list of patients: detained persons
20.Temporary residents
21.Refusal of applications for inclusion in list of patients or for acceptance as temporary resident
22.Patient preference of a practitioner
23.Removal from the list at the request of the patient
24.Removal from the list at the request of the contractor
25.Removal from the list of patients who are violent
26.Removal from the list of patients registered elsewhere
27.Removal from the list of patients who have moved
28.Removal from the list of patients whose address is unknown
29.Removal from the list of patients absent from the United Kingdom etc.
30.Removal from the list of patients accepted elsewhere as temporary residents
31.Removal from the list of pupils etc. of a school
32.Termination of responsibility for patients not registered with the contractor
PART 2A List of patients: Crown servants posted overseas and their family members
CHAPTER 1 Interpretation of Part 2A
32A.Meaning of “qualifying person”
32B.Qualifying persons to be treated as previous patients of contractors
32C.General interpretation of Part 2A
CHAPTER 2 Crown servants and family members returning to the United Kingdom: registering with original or successor practice
32D.Crown servants and family members returning to the United Kingdom for more than three months: inclusion in list of original or successor practice
32E.Persons returning to the United Kingdom for three months or less: temporary registration with original or successor practice
CHAPTER 3 Crown servants and family members returning to the United Kingdom: registration with a new practice
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
32G.Crown servants and family members returning to the United Kingdom for three months or less: temporary registration with new practice
CHAPTER 4 Refusal of applications under this Part
32H.Refusal of an application under paragraphs 32D to 32G
PART 3 Lists of patients: closure etc.
33.Application for closure of list of patients
34.Approval of an application to close a list of patients
35.Rejection of an application to close a list of patients
36.Application for an extension of a closure period
37.Re-opening of list of patients
PART 4 Assignment of patients to lists
38.Application of this Part
39.Assignment of patients to list of patients: open and closed lists
40.Factors relevant to assignments
40A.Assignment of patients from outside practice area
41.Assignments to closed lists: composition and determinations of the assessment panel
42.Assignment to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
43.Assignments to closed lists: assignments of patients by NHS England
PART 5 Sub-contracting
44.Sub-contracting of clinical matters
45.Sub-contracting out of hours services
46.Withdrawal and variation of approval under paragraph 45
47.Withdrawal or variation of approval with immediate effect
PART 6 Provision of information: practice leaflet, use of NHS primary care logo, marketing campaigns and advertising private services
48.Information to be included in practice leaflets
48A.Use of NHS primary care logo
48B.Marketing campaigns
48C.Advertising private services
PART 7 Notice requirements and rights of entry
49.Notices to NHS England
50.Notice provisions specific to a contract with a company limited by shares
51.Notice provisions specific to a contract with two or more individuals practising in a partnership
52.Notice of deaths
53.Notices given to patients following variation of the contract
54.Entry and inspection by NHS England
55.Entry and inspection by the Care Quality Commission
56.Entry and inspection by Local Healthwatch organisations
PART 8 Variation and termination of contracts
57.Variation: general
58.Variation provisions specific to a contract with an individual medical practitioner
59.Variation provisions specific to a contract with two or more persons practising in partnership
60.Termination by agreement
61.Termination on the death of an individual medical practitioner
62.Termination by the contractor
63.Late payment notices
64.Termination by NHS England: general
65.Termination by NHS England for breach of conditions in regulation 5
66.Termination by NHS England for the provision of untrue etc. information
67.Other grounds for termination by NHS England
68.Termination by NHS England where patients' safety is seriously at risk or where there is risk of material financial loss to Board
69.Termination by NHS England for unlawful sub-contracting
70.Termination by NHS England: remedial notices and breach notices
71.Termination by NHS England: additional provisions specific to contracts with two or more persons practising in partnership and companies limited by shares
72.Contract sanctions
73.Contract sanctions and the NHS dispute resolution procedure
74.Termination and the NHS dispute resolution procedure
75.Consultation with the Local Medical Committee
SCHEDULE 3A
Suspension and reactivation of general medical services contracts
1.Interpretation
2.Right to suspend a general medical services contract
3.Integrated care provider contracts
4.Notice of intention to suspend a general medical services contract
5.Suspension of a general medical services contract: general
6.Notice of intention to reactivate a general medical services contract
7.Right to reactivate a general medical services contract
8.Reactivation of a general medical services contract: general
9.Termination, expiry or variation of an integrated care provider contract
SCHEDULE 4
Consequential amendments
1.Amendment of the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004
2.Amendment of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004
3.Amendment of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Establishment and Constitution) Order 2005
4.Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
5.Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, dental and Ophthalmic Services) Regulations 2010
6.Amendment of the National Health Service (Clinical Commissioning Groups) Regulations 2012
7.Amendment of the National Health Service (Performers Lists) (England) Regulations 2013
8.Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
9.Amendment of the National Health Service (Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013
10.Amendment of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013
SCHEDULE 5
List of enactments to be revoked
1.The enactments listed in column 1 of the Table are...
Explanatory Note