OpenLegislation

The National Health Service (General Medical Services Contracts) Regulations 2015 in Wales

S.I. 2015/1862 · Made 6 November 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 15 June 2026.

National Health Service, England

Made 6th November 2015

Laid before Parliament 13th November 2015

Coming into force 7th December 2015

The Secretary of State for Health, in exercise of the powers conferred by sections 9(8), 83(3), (6), 85(1), 86(1) and (4), 89(1), (1A)(a) and (b), (3) and (4), 90(1), (3), 91(1), 97(6) and (8), 187 and 272(7) and (8) of the National Health Service Act 2006 M1, makes the following Regulations.

Annotations to the whole text

Marginal citations

M1

2006 c.41. Section 9 of the National Health Service Act 2006 (“the Act”) was amended by section 95 of, and paragraph 82 of Schedule 5 to, the Health and Social Care Act 2008 (c.14); paragraph 6 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”); paragraphs 1, 4, 17 and 18 of Schedule 14 and paragraph 10 of Schedule 17 to, the 2012 Act; paragraph 9 of Schedule 19 to the 2012 Act; paragraphs 5 and 6 of Schedule 21 to the 2012 Act; and paragraph 16 of Schedule 5 to the Care Act 2014 (c. 23). Section 83 of the Act was amended by paragraph 30 of Schedule 4 to the 2012 Act. Section 86 of the Act was amended by section 202(1) of, and paragraph 32 of Schedule 4 to, the 2012 Act. Section 89 of the Act was amended by section 202(2) of the 2012 Act, and sub-section (1A) of that section was inserted by section 28(1) of the 2012 Act. Section 91 was amended by paragraph 35 of Schedule 4 to the 2012 Act. Section 97 was amended by paragraph 41 of Schedule 12 to the 2012 Act. Section 187 was amended by paragraph 101 of Schedule 4 to the 2012 Act. The powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England, by virtue of section 271(1) of the Act. See section 275(1) of the Act for the meaning given to “prescribed” and “regulations”.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Application
  4. 3Interpretation
  5. 3AVariation of core hours while a disease is or in anticipation of a disease being imminently pandemic etc.
  6. 3BAmendment and withdrawal of announcements and advice in respect of pandemics etc.
  7. Part 2: Contractors: conditions and eligibility
  8. 4Conditions: general
  9. 5Conditions relating solely to medical practitioners
  10. 6General condition relating to all contracts
  11. 7Notice of conditions not being met and reasons
  12. 8Right of appeal
  13. Part 3: Pre-contract dispute resolution
  14. 9Pre-contract disputes
  15. Part 4: Health service body status
  16. 10Health service body status: election
  17. 11Health service body status: variation of contracts
  18. 12Cessation of health service body status
  19. Part 5: Contracts: required terms
  20. 13Parties to the contract
  21. 14Health service contract
  22. 15Contracts with individuals practising in partnership
  23. 16Duration
  24. 17Essential services
  25. 18Out of hours services
  26. 19Minor surgery
  27. 20Services: general
  28. 20AServices: remote provision outside practice premises
  29. 21Membership of a CCG Repealed
  30. 22Certificates
  31. 22APatients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption
  32. 23Finance
  33. 24Fees and charges
  34. 25Circumstances in which fees and charges may be made
  35. 26Patient participation
  36. 27Publication of earnings information
  37. 27ADisclosure of information about NHS earnings: contractors and sub-contractors
  38. 27AADisclosure of information about NHS earnings: jobholders
  39. 27BCalculation of NHS earnings for the purposes of regulations 27A and 27AA
  40. 28Sub-contracting
  41. 29Variation of contracts
  42. 29AVariation of contracts: integrated care provider contracts
  43. 30Variation of contracts: registered patients from outside practice area
  44. 31Termination of a contract
  45. 32Other contractual terms
  46. 32ASuspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.
  47. Part 6: Opt outs: additional and out of hours services
  48. 33Opt outs: interpretation
  49. 34Opt outs: general
  50. 35Opt outs: minor surgery
  51. 36Minor surgery: temporary opt outs and permanent opt outs following temporary opt outs
  52. 37Minor surgery: permanent opt outs
  53. 38Out of hours services: opt outs
  54. 39Informing patients of opt outs
  55. Part 7: Persons who perform services
  56. 40Qualifications of performers: medical practitioners
  57. 41Qualifications of performers: health care professionals
  58. 42Conditional registration or inclusion in primary care list
  59. 43Clinical experience
  60. 44Conditions for employment and engagement: medical practitioners
  61. 45Conditions for employment or engagement: health care professionals
  62. 46Clinical references
  63. 47Verification of qualifications and competence
  64. 48Training
  65. 49Terms and conditions
  66. 50Arrangements for GP Specialty Registrars
  67. 51Notice requirements in respect of relevant prescribers
  68. 52Signing of documents
  69. 53Level of skill
  70. 54Appraisal and assessment
  71. Part 8: Prescribing and dispensing
  72. 55Prescribing: general
  73. 56Orders for drugs, medicines or appliances
  74. 57Electronic prescriptions
  75. 58Patient choice: pharmaceutical services
  76. 59Repeatable prescribing services
  77. 60Repeatable prescriptions
  78. 60APrescribing for electronic repeat dispensing
  79. 61Restrictions on prescribing by medical practitioners
  80. 62Restrictions on prescribing by supplementary prescribers
  81. 63Bulk prescribing
  82. 64Excessive prescribing
  83. 65Provision of drugs, medicines and appliances for immediate treatment or personal administration
  84. Part 9: Prescribing and dispensing: out of hours services
  85. 66Supply of medicines etc. by contractors providing out of hours services
  86. Part 9A: Vaccines and immunisations
  87. 66AVaccines and immunisations: duty of co-operation
  88. 66BVaccines and immunisations: standards
  89. 66CVaccines and immunisations: catch-up campaigns
  90. 66DVaccines and immunisations: additional staff training
  91. 66EVaccines and immunisations: nominated person
  92. 66FVaccines and immunisations: exception for private arrangements
  93. Part 10: Records and information
  94. 67Patient records
  95. 67ARecord of ethnicity information
  96. 68Summary Care Record
  97. 68AEnabling access to patient records through GP Connect
  98. 69Electronic transfer of patient records between GP practices
  99. 69ATransfer of patient records between GP practices: time limits
  100. 70Clinical correspondence: requirement for NHS number
  101. 70AUse of fax machines
  102. 71Patient online services : appointments and prescriptions
  103. 71ZAPatient online services: provision of online access to coded information in medical record and prospective medical records
  104. 71ZBPatient online services: provision of online access to full digital medical record
  105. 71ZCPatient online services: providing and updating personal or contact information
  106. 71ZDPatient online services: provision of an online consultation tool
  107. 71ZESecure electronic communications
  108. 71ZFVideo consultations
  109. 71ZGMeaning of “appropriate software” for the purposes of regulations 71ZD, 71ZE and 71ZF
  110. 71APatient access to online services
  111. 71BPatient access: other availability of directly bookable appointments
  112. 72Confidentiality of personal data: nominated person
  113. 73Requirement to have and maintain an online presence
  114. 73ARequirement to maintain profile page on NHS website
  115. 74Provision of information
  116. 74AProvision of information: GP access data Repealed
  117. 74BNational Diabetes Audit
  118. 74CInformation relating to indicators no longer in the Quality and Outcomes Framework
  119. 74DInformation relating to alcohol related risk reduction and dementia diagnosis and treatment
  120. 74ENHS England Workforce Collections
  121. 74FInformation relating to overseas visitors
  122. 74GMedicines and Healthcare products Regulatory Agency Central Alerting System
  123. 74HCollection of data relating to appointments in general practice
  124. 74ICollection of data relating to use of the online consultation tool and video consultations
  125. 74JRecording and reviewing patient safety events
  126. 74KNHS staff surveys
  127. 74LInformation relating to the Lung Cancer Screening Programme
  128. 75Inquiries about prescriptions and referrals
  129. 76Provision of information to a medical officer etc.
  130. 77Annual return and review
  131. 78Practice leaflet
  132. Part 11: Complaints
  133. 79Complaints procedure
  134. 80Co-operation with investigations
  135. Part 12: Dispute resolution
  136. 81Local resolution of contract disputes
  137. 82Dispute resolution: non-NHS contracts
  138. 83NHS dispute resolution procedure
  139. 84Determination of the dispute
  140. 85Interpretation of this Part
  141. Part 13: Functions of a Local Medical Committee
  142. 86Functions of a Local Medical Committee
  143. Part 14: Miscellaneous
  144. 87Clinical governance
  145. 88Friends and Family Test
  146. 89Co-operation with NHS England
  147. 90Co-operation with the Secretary of State and NHS England
  148. 91Insurance
  149. 92Public liability insurance
  150. 93Gifts
  151. 94Compliance with legislation and guidance
  152. 95Third party rights
  153. Part 15: General transitional provision and saving, consequential amendments and revocations
  154. 96General transitional provision and saving
  155. 97Consequential amendments
  156. 98Revocations
  157. Signature
  158. Schedule 1: Additional services Repealed
  159. 1Additional services: general Repealed
  160. 2Cervical screening Repealed
  161. 3Contraceptive services Repealed
  162. 4Vaccines and immunisations Repealed
  163. 5Childhood vaccines and immunisations Repealed
  164. 6Child health surveillance Repealed
  165. 7Maternity medical services Repealed
  166. 8Minor surgery Repealed
  167. Schedule 2List of prescribed medical certificates
  168. Schedule 3: Other contractual terms
  169. Part 1: Provision of services
  170. 1Premises
  171. 2Telephone services
  172. 2ANew telephone contract or arrangement Repealed
  173. 3Cost of relevant calls
  174. 4Contact with the practice
  175. 5Attendance outside practice premises
  176. 6Newly registered patients
  177. 7Newly registered patients – alcohol dependency screening
  178. 7APatients living with frailty
  179. 8Accountable GP
  180. 9Patients not seen within three years
  181. 10Patients aged 75 and over
  182. 11Patients aged 75 and over: accountable GP
  183. 11ANHS e-Referral Service (e-RS)
  184. 11BDirect booking by NHS 111 or via a connected service
  185. 11CReferral pathways
  186. 11DDirectory of Services
  187. 12Clinical reports
  188. 13Storage of vaccines
  189. 14Infection control
  190. 15Duty of co-operation
  191. 15ADuty of co-operation: Primary Care Networks
  192. 15BDuty to have regard to Armed Forces Covenant principles
  193. 16Cessation of service provision: information requests
  194. 16ACo-operation with NHS England: performance management
  195. Part 2: Patients: general
  196. 17List of patients
  197. 18Application for inclusion in a list of patients
  198. 19Inclusion in list of patients: armed forces personnel
  199. 19AInclusion in list of patients: detained persons
  200. 20Temporary residents
  201. 21Refusal of applications for inclusion in list of patients or for acceptance as temporary resident
  202. 22Patient preference of a practitioner
  203. 23Removal from the list at the request of the patient
  204. 24Removal from the list at the request of the contractor
  205. 25Removal from the list of patients who are violent
  206. 26Removal from the list of patients registered elsewhere
  207. 27Removal from the list of patients who have moved
  208. 28Removal from the list of patients whose address is unknown
  209. 29Removal from the list of patients absent from the United Kingdom etc.
  210. 30Removal from the list of patients accepted elsewhere as temporary residents
  211. 31Removal from the list of pupils etc. of a school
  212. 32Termination of responsibility for patients not registered with the contractor
  213. Part 2A: List of patients: Crown servants posted overseas and their family members
  214. Chapter 1: Interpretation of Part 2A
  215. 32AMeaning of “qualifying person”
  216. 32BQualifying persons to be treated as previous patients of contractors
  217. 32CGeneral interpretation of Part 2A
  218. Chapter 2: Crown servants and family members returning to the United Kingdom: registering with original or successor practice
  219. 32DCrown servants and family members returning to the United Kingdom for more than three months: inclusion in list of original or successor practice
  220. 32EPersons returning to the United Kingdom for three months or less: temporary registration with original or successor practice
  221. Chapter 3: Crown servants and family members returning to the United Kingdom: registration with a new practice
  222. 32FCrown servants and family members returning to the United Kingdom for more than three months: inclusion in list of patients of a new practice
  223. 32GCrown servants and family members returning to the United Kingdom for three months or less: temporary registration with new practice
  224. Chapter 4: Refusal of applications under this Part
  225. 32HRefusal of an application under paragraphs 32D to 32G
  226. Part 3: Lists of patients: closure etc.
  227. 33Application for closure of list of patients
  228. 34Approval of an application to close a list of patients
  229. 35Rejection of an application to close a list of patients
  230. 36Application for an extension of a closure period
  231. 37Re-opening of list of patients
  232. Part 4: Assignment of patients to lists
  233. 38Application of this Part
  234. 39Assignment of patients to list of patients: open and closed lists
  235. 40Factors relevant to assignments
  236. 40AAssignment of patients from outside practice area
  237. 41Assignments to closed lists: composition and determinations of the assessment panel
  238. 42Assignment to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  239. 43Assignments to closed lists: assignments of patients by NHS England
  240. Part 5: Sub-contracting
  241. 44Sub-contracting of clinical matters
  242. 45Sub-contracting out of hours services
  243. 46Withdrawal and variation of approval under paragraph 45
  244. 47Withdrawal or variation of approval with immediate effect
  245. Part 6: Provision of information: practice leaflet, use of NHS primary care logo, marketing campaigns and advertising private services
  246. 48Information to be included in practice leaflets
  247. 48AUse of NHS primary care logo
  248. 48BMarketing campaigns
  249. 48CAdvertising private services
  250. Part 7: Notice requirements and rights of entry
  251. 49Notices to NHS England
  252. 50Notice provisions specific to a contract with a company limited by shares
  253. 51Notice provisions specific to a contract with two or more individuals practising in a partnership
  254. 52Notice of deaths
  255. 53Notices given to patients following variation of the contract
  256. 54Entry and inspection by NHS England
  257. 55Entry and inspection by the Care Quality Commission
  258. 56Entry and inspection by Local Healthwatch organisations
  259. Part 8: Variation and termination of contracts
  260. 57Variation: general
  261. 58Variation provisions specific to a contract with an individual medical practitioner
  262. 59Variation provisions specific to a contract with two or more persons practising in partnership
  263. 60Termination by agreement
  264. 61Termination on the death of an individual medical practitioner
  265. 62Termination by the contractor
  266. 63Late payment notices
  267. 64Termination by NHS England: general
  268. 65Termination by NHS England for breach of conditions in regulation 5
  269. 66Termination by NHS England for the provision of untrue etc. information
  270. 67Other grounds for termination by NHS England
  271. 68Termination by NHS England where patients' safety is seriously at risk or where there is risk of material financial loss to Board
  272. 69Termination by NHS England for unlawful sub-contracting
  273. 70Termination by NHS England: remedial notices and breach notices
  274. 71Termination by NHS England: additional provisions specific to contracts with two or more persons practising in partnership and companies limited by shares
  275. 72Contract sanctions
  276. 73Contract sanctions and the NHS dispute resolution procedure
  277. 74Termination and the NHS dispute resolution procedure
  278. 75Consultation with the Local Medical Committee
  279. Schedule 3A: Suspension and reactivation of general medical services contracts
  280. 1Interpretation
  281. 2Right to suspend a general medical services contract
  282. 3Integrated care provider contracts
  283. 4Notice of intention to suspend a general medical services contract
  284. 5Suspension of a general medical services contract: general
  285. 6Notice of intention to reactivate a general medical services contract
  286. 7Right to reactivate a general medical services contract
  287. 8Reactivation of a general medical services contract: general
  288. 9Termination, expiry or variation of an integrated care provider contract
  289. Schedule 4: Consequential amendments
  290. 1Amendment of the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004
  291. 2Amendment of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004
  292. 3Amendment of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Establishment and Constitution) Order 2005
  293. 4Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
  294. 5Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, dental and Ophthalmic Services) Regulations 2010
  295. 6Amendment of the National Health Service (Clinical Commissioning Groups) Regulations 2012
  296. 7Amendment of the National Health Service (Performers Lists) (England) Regulations 2013
  297. 8Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
  298. 9Amendment of the National Health Service (Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013
  299. 10Amendment of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013
  300. Schedule 5: List of enactments to be revoked
  301. 1Paragraph 1
  302. Explanatory note