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

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