92.—(1) The contractor must, if satisfied that the patient consents—
(a)supply in writing to any person specified in sub-paragraph (3) (a “relevant person”), within such reasonable period as that person may specify, such clinical information as any of the persons mentioned in sub-paragraph (3)(a) to (d) considers relevant about a patient to whom the contractor or a person acting on behalf of the contractor has issued or has refused to issue a medical certificate, and
(b)answer any inquiries by a relevant person about—
(i)a prescription form or medical certificate issued or created by, or on behalf of, the contractor, or
(ii)any statement which the contractor or a person acting on behalf of the contractor has made in a report.
(2) For the purposes of being satisfied that a patient consents, a contractor may rely on an assurance in writing from a relevant person that the consent of the patient has been obtained, unless the contractor has reason to believe that the patient does not consent.
(3) For the purposes of sub-paragraph (1) and (2), a “relevant person” is—
(a)a medical officer,
(b)a nursing officer,
(c)an occupational therapist,
(d)a physiotherapist, or
(e)an officer of the Department for Work and Pensions who is acting on behalf of, and at the direction of, any person specified in paragraphs (a) to (d).
(4) In this paragraph—
“medical officer” (“swyddog meddygol”) means a medical practitioner who is—
employed or engaged by the Department for Work and Pensions, or
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;
[F1“nursing officer” (“swyddog nyrsio”) means a health care professional who is registered on the Nursing and Midwifery Register and who is—
employed by the Department for Work and Pensions, or
provided by an organisation under a contract with the Secretary of State for Work and Pensions;]
“occupational therapist” (“therapydd galwedigaethol”) means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 (establishment and maintenance of register) relating to occupational therapists and who is—
employed or engaged by the Department for Work and Pensions, or
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions;
“physiotherapist” (“ffisiotherapydd”) means a health care professional who is registered in the part of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 (establishment and maintenance of register) relating to physiotherapists and who is—
employed or engaged by the Department for Work and Pensions, or
provided by an organisation under a contract entered into with the Secretary of State for Work and Pensions.
Textual Amendments
F1Words in Sch. 3 para. 92(4) inserted (11.1.2024) by The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2023 (S.I. 2023/1421), regs. 1, 18(gg)
Commencement Information
I1Sch. 3 para. 92 in force at 1.10.2023, see reg. 1(2)