Paragraph 23 Removal from the list at the request of the patient

(1)

The contractor must give notice in writing to F1NHS England of a request made by any person who is a registered patient to be removed from the contractor's list of patients.

(2)

Where NHS England—

(a)

receives a notice given by the contractor under sub-paragraph (1); or

(b)

receives directly a request from a person to be removed from the contractor's list of patients,

NHS England must remove that person from the contractor's list of patients.

(3)

The removal of a person from a contractor's list of patients in accordance with sub-paragraph (2) takes effect on whichever is the earlier of—

(a)

the date on which NHS England is given notice of the registration of that person with another provider of essential services (or their equivalent); or

(b)

14 days after the date on which the notice given under sub-paragraph (1) or the request made under sub-paragraph (2) is received by NHS England.

(4)

NHS England must, as soon as practicable, give notice in writing to—

(a)

the person who requested the removal; and

(b)

the contractor,

that the person's name is to be or has been removed from the contractor's list of patients on the date referred to in sub-paragraph (3).

(5)

In this paragraph, and in paragraphs 24(1)(b) and (10), 25(6) and (7), 27 and 30, a reference to a request received from or advice, information or notice required to be given to, a person includes a request received from or advice, information or notice required to be given to—

(a)

in the case of a child—

(i)

either parent, or in the absence of both parents, the guardian or other adult who has care of the child,

(ii)

a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 M1, or

(iii)

a person duly authorised by a voluntary organisation by which the child is being accommodated under the Children Act 1989; or

(b)

in the case if adult patient who lacks capacity to make the relevant request or receive the relevant advice, information or notice—

(i)

a relative of that person,

(ii)

the primary carer of that person,

(iii)

a donee of a lasting power of attorney granted by that person, or

(iv)

a deputy appointed for that person by the court under the Mental Capacity Act 2005 M2.

Annotations

Textual amendments

F1: Words 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

Marginal citations

M1: 1989 c.41.
M2: 2005 c.9.