Explanatory note

(This note is not part of the Regulations)

Regulation 2 amends regulation 24 of the National Health Service (Performers Lists) (England) Regulations 2013 (S.I. 2013/335), which provided exemptions to the requirement that a medical practitioner must be a general medical practitioner included in the medical performers list in order to perform primary medical services. It amends the exemption for medical practitioners who are not general medical practitioners, requiring that they have a prescribed connection with a designated body listed in Part 1 of the Schedule to the Medical Profession (Responsible Officers) Regulations 2010 (S.I. 2010/2841). As a consequence of these consolidated amendments, regulation 5 revokes the National Health Service (Performers Lists) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/411) and the National Health Service (Performers Lists, Coronavirus) (England) Amendment Regulations 2021 (S.I. 2021/30).

Regulation 3 and Schedule 1 to these Regulations amend the National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862) (“the GMS Contracts Regulations”) and Regulation 4 and Schedule 2 to these Regulations amend the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879) (“the PMS Agreements Regulations”).

The GMS Contracts Regulations and the PMS Agreements Regulations respectively make provision in respect of services provided under a general medical services contract and a personal medical services agreement made pursuant to Part 4 of the National Health Service Act 2006 (c. 41). They apply to England only.

The GMS Contracts Regulations and the PMS Agreements Regulations are amended respectively so as to:

(a)

require contractors to produce a digital map reflecting their practice area on digital tools provided by NHS England (see paragraph 1 of Schedule 1 and paragraph 1 of Schedule 2);

(b)

update the requirements in relation to those performing clinical services under the contract to align with the registration requirements in the National Health Service (Performers Lists) (England) Regulations 2013 (see paragraph 2 of Schedule 1 and paragraph 2 of Schedule 2);

(c)

require contractors to adhere to the Vaccines and Immunisation Standards in relation to processing data relating to relevant vaccines and immunisations (see paragraph 3 of Schedule 1 and paragraph 3 of Schedule 2);

(d)

update the undertaking requirements in relation to guidelines for GP electronic patient records that contractors keeping computerised records are to have regard to (see paragraph 4 of Schedule 1 and paragraph 4 of Schedule 2);

(e)

require contractors to update and review data required by NHS England for the purposes of the NHS Digital Workforce Collection (see paragraph 5 of Schedule 1 and paragraph 5 of Schedule 2);

(f)

clarify Section 90(5) of the National Health Service Act 2006 applies in relation to disputes in relation to a non-NHS contract referred for determination (see paragraph 6 of Schedule 1 and paragraph 6 of Schedule 2);

(g)

require contractors to make available data from their telephone service contract or arrangements on request by NHS England (see paragraph 7 of Schedule 1 and paragraph 7 of Schedule 2);

(h)

require an appropriate response by a contractor to take into account the needs of the patient, including the need to avoid jeopardising the patient’s health, and any benefits to the patient of providing for continuity of the health care professional delivering their care (see paragraph 8 of Schedule 1 and paragraph 8 of Schedule 2);

(i)

require contractors to have due regard to the Armed Forces Covenant Principles, contained in section 343AA(1)(a)-(c) of the Armed Forces Act 2006 c. 52, in relation to their patients and prospective patients (see paragraph 9 of Schedule 1 and paragraph 9 of Schedule 2);

(j)

update the types of applications that applicants applying for inclusion in a contractor’s list of patients must be made by either a form specified by NHS England or the online registration service supplied by NHS England and require contractors to make available both of these application methods (see paragraph 10 of Schedule 1 and paragraph 10 of Schedule 2).

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.