SCHEDULE 2 Amendments to the PMS Agreements Regulations

Restriction on use of fax machines

3.  After regulation 63, insert—

“Use of fax machines

63A.— (1) Where a contractor can transmit information by electronic means (other than facsimile transmission) securely and directly to a relevant person, the contractor must not—

(a) transmit any information to that person by facsimile transmission, or

(b) agree to receive any information from that person by facsimile transmission.

(2) Paragraph (1) does not apply to any information which relates solely to the provision of clinical services or treatment to a patient under a private arrangement.

(3) In this regulation, “relevant person” means—

(a) an NHS body,

(b) another health service provider,

(c) a patient, or

(d) a person acting on behalf of a patient.”.