Paragraph 58 Variation provisions specific to a contract with an individual medical practitioner
Where a contractor who is an individual medical practitioner proposes to practise in partnership with one or more persons, the contractor must give notice in writing to F1NHS England of—
the name of the person or persons with whom the contractor proposes to practise in partnership; and
the date on which the contractor would like to change its status as a contractor from that of an individual medical practitioner to that of a partnership, which must be at least 28 days after the date on which the contractor gives notice to NHS England under this sub-paragraph.
A notice given under sub-paragraph (1) must—
in respect of each person with whom the contractor is proposing to practise in partnership confirm that the person—
is either—
a medical practitioner, or
a person who satisfies the conditions specified in section 86(2)(b)(i) to (iv) of the Act M1 (persons eligible to enter into GMS contracts); and
satisfies the conditions imposed by regulations 5 and 6; and
state whether the partnership is to be a general partnership or a limited partnership and give the names of the limited partners and the general partners in the partnership.
A notice given under sub-paragraph (1) must be signed by the individual medical practitioner and by the person, or each of the persons, with whom the practitioner is proposing to practise in partnership.
The contractor must ensure that any person with whom it is to practise in partnership is bound by the contract, whether by virtue of a partnership deed or otherwise.
If NHS England is satisfied as to the accuracy of the matters specified in a notice given under sub-paragraph (1), NHS England must give notice in writing to the contractor confirming that the contract is to continue with the partnership entered into by the contractor and its partners, from a date that NHS England specifies in the notice.
The date to be specified by NHS England under sub-paragraph (5) is—
the date requested in the notice given by the contractor under sub-paragraph (1); or
where that date is not reasonably practicable, a date that is as close as is reasonably practicable to the requested date.
Where the contractor has given notice to NHS England under sub-paragraph (1), NHS England may vary the contract but only to the extent that NHS England is satisfied is necessary to reflect the change in the status of the contractor from that of an individual medical practitioner to a partnership.
If, under sub-paragraph (7), NHS England proposes to vary the contract, it must include in the notice given to the contractor under sub-paragraph (5) the wording of the proposed variation and the date upon which that variation is to take effect.
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
Section 86 was amended by section 202(1) of, and paragraph 32 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).