- Latest available (Revised)
- Original (As made)
The National Health Service (General Medical Services Contracts) Regulations 2015, Paragraph 32D is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
32D.—(1) Subject to sub-paragraph (4), a contractor must include a qualifying person (“P”) in the contractor’s list of patients if—
(a)P is not registered as a patient with a provider of primary medical services,
(b)P is required to be treated as a previous patient of the contractor,
(c)P is returning, or has returned, to the United Kingdom for a period of more than three months, and
(d)either—
(i)P makes an application for inclusion in the contractor’s list of patients (a “list application”), or
(ii)where P is a person to whom sub-paragraph (2) applies, a list application is made on their behalf by an appropriate person.
(2) This sub-paragraph applies to a person if they—
(a)have not attained the age of 16 years, or
(b)lack the capacity to make a list application or to authorise a person to make such an application on their behalf.
(3) For the purposes of sub-paragraph (1) it does not matter whether the contractor’s list of patients is open or closed.
(4) A list application—
(a)may be made on or after the date which is one month before the planned return date, but
(b)must be made before the end of the period of three months beginning with the day on which the person returns to the United Kingdom.
(5) Paragraph 29(1)(a) or (d) does not apply in respect of a qualifying person who is included in the contractor’s list of patients by virtue of sub-paragraph (1) before their return to the United Kingdom.
(6) Where a contractor accepts a list application, the contractor—
(a)must give notice in writing to [F2NHS England] of that acceptance (including the planned return date, where the application is made and accepted before that date) as soon as possible, but
(b)is not required to provide primary medical services to the qualifying person before they return to the United Kingdom.
(7) [F2NHS England] must, on receipt of a notice given under sub-paragraph (6)(a)—
(a)include the qualifying person in the contractor’s list of patients from the relevant date, and
(b)give notice in writing to the qualifying person or the appropriate person (as the case may be) of the acceptance.
(8) For the purposes of paragraph (7)(a) “the relevant date” is—
(a)where the relevant list application is made after a person’s return to the United Kingdom, the date on which [F2NHS England] receives the notice given under sub-paragraph (7)(a);
(b)where the relevant list application is made before a person’s return to the United Kingdom, the later of—
(i)the planned return date, and
(ii)the date on which [F2NHS England] receives the notice given under sub-paragraph (7)(a).
(9) This paragraph is subject to paragraph 32H.]
Textual Amendments
F1Sch. 3 Pt. 2A inserted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 4(e) (with reg. 3)
F2Words 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
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: