The National Health Service (Personal Medical Services Agreements) Regulations 2015

[F1Disclosure of information about NHS earnings: contractors and sub-contractorsE+W

This section has no associated Explanatory Memorandum

21A.—(1) An agreement which is with a person falling within section 93(1)(b) to (e) of the Act must include the term specified in paragraph (2).

(2) The term is a term which requires the contractor to comply with the disclosure obligation for each relevant financial year in which—

(a)they are a contractor, and

(b)their NHS earnings exceed the relevant threshold.

(3) For the purposes of this regulation—

(a)the disclosure obligation, in relation to a relevant financial year, is the requirement for an individual (“I”) to submit the following information for publication to [F2NHS England] by the disclosure date—

(i)I’s name,

(ii)I’s job title,

(iii)the details of each organisation from which I has derived NHS earnings in that financial year, and

(iv)the amount of I’s NHS earnings for that financial year;

(b)F3... “relevant financial year” means a financial year ending—

(i)on or after 31st March [F42022], but

(ii)on or before 31st March 2024;

F5(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“relevant threshold” means—

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)for the financial year ending on 31st March 2022, £156,000;

(iv)for the financial year ending on 31st March 2023, £159,000;

(v)for the financial year ending on 31st March 2024, £163,000.

[F8(4) For the purposes of paragraph (3)(a) “the disclosure date”, in relation to a relevant financial year, is 30th April in the financial year which begins immediately after the end of the next financial year.]

(5) For the purposes of paragraph (4) “the next financial year”, in relation to a financial year (“FY1”), is the financial year which begins immediately after the end of FY1 F9....

(6) An agreement must also include a term which prevents the contractor from sub-contracting any of its obligations to provide clinical services under the agreement unless—

(a)where the sub-contractor is an individual, the sub-contract entered into by the contractor requires the individual to comply with the disclosure obligation for each relevant financial year in which the individual’s NHS earnings exceed the relevant threshold;

(b)where the sub-contractor is a partnership, the sub-contract entered into by the contractor requires each sub-contractor partnership member of that partnership to comply with the disclosure obligation for each relevant financial year in which the sub-contractor partnership member’s NHS earnings exceed the relevant financial threshold;

(c)in all cases, the sub-contract prohibits the sub-contractor (“S”) from sub-contracting, where permitted by paragraph 43(4A) of Schedule 2, any of the clinical services S has agreed with the contractor to provide under the sub-contract unless—

(i)where the sub-contractor is an individual (“I”), the sub-contract entered into by S requires I to comply with the disclosure obligation in relation to each financial year in which I’s NHS earnings exceed the relevant threshold;

(ii)where the sub-contractor is a partnership, the sub-contract entered into by S requires each sub-contractor partnership member in that partnership to comply with the disclosure obligation in relation to each relevant financial year in which the sub-contractor partnership member’s NHS earnings exceed the relevant threshold.

(7) An agreement must also include a term requiring the contractor to use reasonable endeavours to ensure that any relevant sub-contract is amended to contain the terms specified in paragraph (9).

(8) For the purposes of paragraph (7) “relevant sub-contract” means a sub-contract—

(a)for the provision of any of the clinical services which the contractor is required to provide under the agreement by any other person, and

(b)which is in force at the time when [F10the term in paragraph (7) is incorporated into the contract].

(9) The terms are—

(a)a term which requires—

(i)the subcontractor (“S”), where S is an individual, or

(ii)each sub-contractor partnership member, where S is a partnership,

to comply with the disclosure obligation for each relevant financial year in which the individual’s, or as the case may be, sub-contractor partnership member’s NHS earnings exceed the relevant threshold, F11...

(b)a term which prevents S from sub-contracting obligations to provide clinical services under the contract, where permitted by paragraph 43(4A) of Schedule 2, unless—

(i)where the sub-contractor is an individual (“I”), the sub-contract entered into by S requires I to comply with the disclosure obligation in relation to each financial year in which I’s [F12NHS] earnings exceed the relevant threshold;

(ii)where the sub-contractor is a partnership, the sub-contract entered into by S requires each sub-contractor partnership member to comply with the disclosure obligation in relation to each relevant financial year in which the sub-contractor partnership member’s NHS earnings exceed the relevant threshold [F13, and

(c)a term which requires S to use reasonable endeavours to ensure that any sub-contract entered into before the term in sub-paragraph (b) was incorporated into that sub-contract is amended to—

(i)include the term in paragraph (i) of sub-paragraph (b) in a sub-contract between S and I, and

(ii)include the term in paragraph (ii) of sub-paragraph (b) in a sub-contract between S and a partnership.]

(10) Nothing in paragraph (6), (7) or (9) requires any individual to comply with the disclosure obligation for any relevant financial year which—

(a)ends before the individual or partnership (as the case may be) enters into a sub-contract with the contractor or a sub-contractor;

(b)begins after the individual’s or, as the case may be, partnership’s sub-contract with the contractor or sub-contractor has terminated.

(11) In this regulation—

“locum practitioner” has the meaning given in Schedule 15 to the National Health Service Pension Scheme Regulations 2015;

“NHS earnings” has the meaning given in regulation 27B;

“sub-contractor” means a person to whom any rights or duties under the contract in relation to clinical matters are, or have been, sub-contracted under paragraph 44(1) of Schedule 3, and includes an individual who is a locum practitioner;

“sub-contractor partnership member”, in relation to a sub-contractor who is a partnership, means an individual who is a partner in that partnership.]

Textual Amendments