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The National Health Service (Personal Medical Services Agreements) Regulations 2015, Paragraph 31F is up to date with all changes known to be in force on or before 17 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.
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31F.—(1) A contractor must, if the contractor’s list of patient’s is open, 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 returning, or has returned, to the United Kingdom for a period of more than three months,
(c)P is not required to be treated as a previous patient of the contractor, and
(d)either—
(i)P makes an application for inclusion in that list (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 authorise a person to make such an application on their behalf.
(3) A list application may be made during the period commencing one month prior to the planned return date and ending 24 hours prior to that date.
(4) Where a contractor’s list of patients is closed, the contractor may, by virtue of this sub-paragraph, accept a list application if the applicant is an immediate family member of a registered patient.
(5) Paragraph 28(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) 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.
(9) For the purposes of paragraph (7)(a) “the relevant date” is the later of—
(a)the date on which [F2NHS England] receives the notice given under sub-paragraph (6)(a), and
(b)the planned return date.
(10) This paragraph is subject to paragraph 31H.]
Textual Amendments
F1Sch. 2 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. 2 para. 3(e)
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
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