The National Health Service (General Medical Services Contracts) Regulations 2015

Removal from the list at the request of the contractorE+W

This section has no associated Explanatory Memorandum

24.—(1) Subject to paragraph 25, where a contractor has reasonable grounds for wanting a person to be removed from its list of patients which do not relate to the person's age, appearance, disability or medical condition, gender or gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sexual orientation or social class the contractor must—

(a)give notice in writing to [F1NHS England] that it wants to have that person removed; and

(b)subject to sub-paragraph (2), give notice in writing to that person of its specific reasons for requesting the removal of that person.

(2) Where, in the reasonable opinion of the contractor—

(a)the circumstances of the person's removal are such that it is not appropriate for a more specific reason to be given; and

(b)there has been an irrevocable breakdown in the relationship between the relevant person and the contractor,

the reason given under sub-paragraph (1) may consist of a statement that there has been such a breakdown.

(3) Except in the circumstances specified in sub-paragraph (4), a contractor may only request the removal of a person from its list of patients under sub-paragraph (1) if, before the end of the period of 12 months beginning with the date of the contractor's request to [F1NHS England], the contractor has—

(a)warned that person of the risk of being removed from that list; and

(b)explained to that person the reasons for this.

(4) The circumstances specified in this sub-paragraph are that—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the contractor has reasonable grounds for believing that the giving of such a warning would—

(i)be harmful to the person's physical or mental health, or

(ii)put at risk the safety of one or more of the persons specified in sub-paragraph (5); or

(c)the contractor considers that it is not otherwise reasonable or practical for a warning to be given.

(5) The persons referred to in sub-paragraph (4) are—

(a)the contractor, where the contractor is an individual medical practitioner;

(b)in the case of a contract with two or more persons practising in a partnership, a partner in the partnership;

(c)in the case of a contract with a company limited by shares, a person who is both a legal and beneficial owner of shares in that company;

(d)a member of the contractor's staff;

(e)a person engaged by the contractor to perform or assist in the performance of services under the contract; or

(f)any other person present—

(i)on the practice premises, or

(ii)in the place where services are being provided to the patient under the contract.

(6) The contractor must keep a written record—

(a)the date of any warning given in accordance with sub-paragraph (3) and the reasons for giving such a warning as explained to the person concerned; or

(b)the reason why no such warning was given.

(7) The contractor must keep a written record of the removal of any person from its list of patients under this paragraph which must include—

(a)the reason given for the removal;

(b)the circumstances of the removal; and

(c)in cases where sub-paragraph (2) applies, the grounds for a more specific reason not being appropriate,

and the contractor must make this record available to [F1NHS England] on request.

(8) The removal of a person from the contractor's list of patients must, subject to sub-paragraph (9), take effect from whichever is the earlier of—

(a)the date on which [F1NHS England] is given notice of the registration of that person with another provider of essential services (or their equivalent); or

(b)the eighth day after [F1NHS England] is given notice under sub-paragraph (1)(a).

(9) Where, on the date on which the removal of a person would take effect under sub-paragraph (8), the contractor is treating that person at intervals of less than seven days, the contractor must give notice in writing to [F1NHS England] of that fact and the removal is to take effect on whichever is the earlier of—

(a)the eighth day after [F1NHS England] is given notice by the contractor that the person no longer needs such treatment; or

(b)the date on which [F1NHS England] is given notice of the registration of the person with another provider of essential services (or their equivalent).

(10) [F1NHS England] must give notice in writing to—

(a)the person in respect of whom the removal is requested; and

(b)the contractor,

that the person's name has been or is to be removed from the contractor's list of patients on the date referred to in sub-paragraph (8) or (9).

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