Section 86. Persons eligible to enter into GMS contracts

England and Wales

(1)

F1The Board may, subject to such conditions as may be prescribed, enter into a general medical services contract with—

(a)

a medical practitioner,

(b)

two or more individuals practising in partnership where the conditions in subsection (2) are satisfied, or

(c)

a company limited by shares where the conditions in subsection (3) are satisfied.

(2)

The conditions referred to in subsection (1)(b) are that—

(a)

at least one partner is a medical practitioner, and

(b)

any partner who is not a medical practitioner is either—

(i)

an NHS employee,

(ii)

a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee,

(iii)

a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006 (c. 42), or

(iv)

an individual falling within section 93(1)(d).

(3)

The conditions referred to in subsection (1)(c) are that—

(a)

at least one share in the company is F2both legally and beneficially owned by a medical practitioner, and

(b)

any share which is not so owned is both legally and beneficially owned by a person referred to in subsection (2)(b).

(4)

Regulations may make provision as to the effect, in relation to a general medical services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.

(5)

In this section—

“health care professional”, “NHS employee”, “section 92 employee”, “section 107 employee”, “section 50 employee”, “section 64 employee”, “section 17C employee” and “Article 15B employee” have the meaning given by section 93.

Annotations

Textual amendments

F1: Words in s. 86(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 32; S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2: Word in s. 86(3)(a)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 202(1), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)