PART 5Contracts: required terms

F4Patients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption22A

1

Subject to paragraph (6), a contract must contain a term which requires the contractor to respond to a valid exemption confirmation request F2if it is made at a relevant time.

2

An exemption confirmation request—

a

is a request to confirm whether a relevant patient (“P”), for clinical reasons—

i

should neither be tested for coronavirus nor vaccinated with an authorised vaccine, or

ii

should not be vaccinated with an authorised vaccine, and

b

is valid if it is made in accordance with the process approved by the Secretary of State F5.

F12A

A valid exemption confirmation request is made at a relevant time if, at the time the request is made to the contractor—

a

legislation in force in England requires a person or class of person to be vaccinated against coronavirus unless they can show that, for clinical reasons, they are exempt from vaccination with an authorised vaccine, or

b

guidance issued by, or on behalf of, the Secretary of State provides that a person or class of person should be vaccinated against coronavirus unless they can show that, for clinical reasons, they are exempt from vaccination with an authorised vaccine.

3

An exemption confirmation request may be made by—

a

P, or

b

where P is a person to whom paragraph (4) applies, an appropriate person acting on behalf of P.

4

This paragraph applies to a person if they—

a

are a child, or

b

lack the capacity to make a request under paragraph (1).

5

The contractor must respond to a valid exemption confirmation request F3made at a relevant time

a

free of charge to P or the appropriate person, and

b

by recording its response on an information hub using a method approved by the Secretary of State.

6

A contractor is not required to respond to a valid exemption confirmation request if—

a

for the medical condition which may mean that P should neither be tested for coronavirus nor vaccinated with an authorised vaccine, or should not be vaccinated with an authorised vaccine, P is being attended by a medical practitioner who is not—

i

engaged or employed by the contractor,

ii

in the case of a contract with two or more persons practising in partnership, one of those persons, or

iii

in the case of a contract with a company limited by shares, one of the persons legally or beneficially owning shares in that company, and

b

that medical condition is not one to which paragraph (7) applies.

7

This paragraph applies to a medical condition if no person with that condition should be—

a

tested for coronavirus or vaccinated with an authorised vaccine, or

b

vaccinated with an authorised vaccine.

8

In this regulation—

  • “authorised vaccine” means a medicinal product—

    1. a

      authorised for supply in the United Kingdom in accordance with a marketing authorisation, or

    2. b

      authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc),

    for vaccination against coronavirus;

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

  • “licensing authority”, “marketing authorisation” and “medicinal product” have the meanings given in the Human Medicines Regulations 2012 (see regulations 6, 8 and 2, respectively, of those Regulations);

  • “relevant patient” means—

    1. a

      a registered patient, or

    2. b

      a temporary resident.