OpenLegislation

The National Health Service (Personal Medical Services Agreements) Regulations 2015

S.I. 2015/1879 · 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 93(2), 94(1), (2) (3), (3A)(a) and (6) to (9) 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 93 of the National Health Service Act 2006 (“the Act”) was amended by paragraph 37 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). Section 94 of the Act was amended by section 28(2) of, and paragraph 38(1) and (2) to, the 2012 Act, and by section 17(5) of, and paragraph 2(1)(b) and (2) of Schedule 9 to, the Crime and Courts Act 2013 (c.22). 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 of “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: Agreements
  8. 4Conditions: general
  9. 5General condition relating to all agreements
  10. 6Notice of conditions not being met and reasons
  11. 7Right of appeal
  12. Part 3: Pre-agreement dispute resolution
  13. 8Pre-agreement disputes
  14. Part 4: Health Service Body Status
  15. 9Health service body status
  16. 10Health service body status: variation of agreements
  17. 11Cessation of health service body status
  18. Part 5: Agreements: required terms
  19. 12Health service contract
  20. 13Agreements: general
  21. 13AServices: remote provision outside practice premises
  22. 14Membership of a CCG Repealed
  23. 15Certificates
  24. 15APatients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption
  25. 16Finance
  26. 17Conditions about payments
  27. 18Fees and charges
  28. 19Circumstances in which fees and charges may be made
  29. 20Patient participation
  30. 21Publication of earnings information
  31. 21ADisclosure of information about NHS earnings: contractors and sub-contractors
  32. 21AADisclosure of information about NHS earnings: jobholders
  33. 21BCalculation of NHS earnings for the purposes of regulations 21A and 21AA
  34. 22Out of hours services
  35. 23Sub-contracting
  36. 24Variation of agreements
  37. 24AVariation of agreements: integrated care provider contracts
  38. 25Variation of agreements: registered patients from outside practice area
  39. 26Termination of agreements
  40. 27Other required terms
  41. 27ASuspension of agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.
  42. Part 6: Out of hours services: opt outs
  43. 28Opt outs: interpretation
  44. 29Opt outs: general
  45. 30Opting out of out of hours service provision
  46. 31Informing patients of opt outs
  47. Part 7: Right to a general medical services contract
  48. 32Right to a general medical services contract
  49. Part 8: Persons who perform services
  50. 33Qualifications of performers: medical practitioners
  51. 34Qualifications of performers: health care professionals
  52. 35Conditional registration or inclusion in a primary care list
  53. 36Clinical experience
  54. 37Conditions for employment and engagement: medical practitioners
  55. 38Conditions for employment or engagement: health care professionals
  56. 39Clinical references
  57. 40Verification of qualifications and competence
  58. 41Training
  59. 42Arrangements for GP Specialty Registrars
  60. 43Doctors with provisional registration
  61. 44Notice requirements in respect of relevant prescribers
  62. 45Signing of documents
  63. 46Level of skill
  64. 47Appraisal and assessment
  65. Part 9: Prescribing and dispensing
  66. 48Prescribing: general
  67. 48APrescribing software and supply shortages etc. of medicines
  68. 49Orders for drugs, medicines or appliances
  69. 50Electronic prescriptions
  70. 51Patient choice: pharmaceutical services
  71. 52Repeatable prescribing services
  72. 53Repeatable prescriptions
  73. 53APrescribing for electronic repeat dispensing
  74. 54Restrictions on prescribing by medical practitioners
  75. 55Restrictions on prescribing by supplementary prescribers
  76. 56Bulk prescribing
  77. 57Excessive prescribing
  78. 58Provision of drugs, medicines and appliances for immediate treatment or personal administration
  79. Part 10: Prescribing and dispensing: out of hours services
  80. 59Supply of medicines etc. by contractors providing out of hours services
  81. Part 10A: Vaccines and immunisations
  82. 59APart 10A: interpretation
  83. 59BVaccines and immunisations: duty of co-operation
  84. 59CVaccines and immunisations: standards
  85. 59DVaccines and immunisations: catch-up campaigns
  86. 59EVaccines and immunisations: additional staff training
  87. 59FVaccines and immunisations: nominated person
  88. 59GVaccines and immunisations: exception for private arrangements
  89. Part 11: Records and information
  90. 60Patient records
  91. 60ARecord of ethnicity information
  92. 61Summary Care Record
  93. 61AEnabling access to patient records through GP Connect
  94. 62Electronic transfer of patient records between GP practices
  95. 62ATransfer of patient records between GP practices: time limits
  96. 63Clinical correspondence: requirement for NHS number
  97. 63AUse of fax machines
  98. 64Patient online services : appointments and prescriptions
  99. 64ZAPatient online services: provision of online access to coded information in medical record and prospective medical records
  100. 64ZBPatient online services: provision of online access to full digital medical record
  101. 64ZCPatient online services: providing and updating personal or contact information
  102. 64ZDPatient online services: provision of an online consultation tool
  103. 64ZESecure electronic communications
  104. 64ZFVideo consultations
  105. 64ZGMeaning of “appropriate software” for the purposes of regulations 64ZD, 64ZE and 64ZF
  106. 64APatient access to online services
  107. 64BPatient access: other availability of directly bookable appointments
  108. 65Confidentiality of personal data: nominated person
  109. 66Requirement to have and maintain an online presence
  110. 66ARequirement to maintain profile page on NHS website
  111. 67Provision of information
  112. 67AProvision of information: GP access data Repealed
  113. 67BNational Diabetes Audit
  114. 67CInformation relating to indicators no longer in the Quality and Outcomes Framework
  115. 67DInformation relating to alcohol related risk reduction and dementia diagnosis and treatment
  116. 67ENHS England Workforce Collection
  117. 67FInformation relating to overseas visitors
  118. 67GMedicines and Healthcare products Regulatory Agency Central Alerting System
  119. 67HCollection of data relating to appointments in general practice
  120. 67ICollection of data relating to use of the online consultation tool and video consultations
  121. 67JRecording and reviewing patient safety events
  122. 67KNHS staff surveys
  123. 67LInformation relating to the Lung Cancer Screening Programme
  124. 68Inquiries about prescriptions and referrals
  125. 69Provision of information to a medical officer etc.
  126. 70Annual return and review
  127. 71Practice leaflet
  128. Part 12: Complaints
  129. 72Complaints procedure
  130. 73Co-operation with investigations
  131. Part 13: Dispute resolution
  132. 74Local resolution of agreement disputes
  133. 75Dispute resolution: non-NHS contracts
  134. 76NHS dispute resolution procedure
  135. 77Determination of dispute
  136. 78Interpretation of this Part
  137. Part 14: Miscellaneous
  138. 79Clinical governance
  139. 80Friends and Family Test
  140. 81Co-operation with NHS England
  141. 82Co-operation with the Secretary of State and NHS England
  142. 83Insurance
  143. 84Public liability insurance
  144. 85Gifts
  145. 86Compliance with legislation and guidance
  146. 87Third party rights
  147. Part 15: General transitional provision and saving, consequential amendments and revocations
  148. 88General transitional provision and saving
  149. 89Consequential amendments
  150. 90Revocations
  151. Signature
  152. Schedule 1NHS England’sNHS England’sList of prescribed medical certificates
  153. Schedule 2: Other required terms
  154. Part 1: Provision of services
  155. 1Services to registered patients
  156. 2Premises
  157. 3Telephone services
  158. 3ANew telephone contract or arrangement Repealed
  159. 4Cost of relevant calls
  160. 5Attendance at practice premises
  161. 6Attendance outside practice premises
  162. 7Clinical reports
  163. 8Storage of vaccines
  164. 9Infection control
  165. 10Duty of co-operation
  166. 10ADuty of co-operation: Primary Care Networks
  167. 10BDuty to have regard to Armed Forces Covenant principles
  168. 11Cessation of service provision: information requests
  169. 11ACo-operation with NHS England: performance management
  170. Part 2: Patients: general
  171. 12General provision
  172. 13List of patients
  173. 14Newly registered patients – alcohol dependency screening
  174. 14APatients living with frailty
  175. 15Accountable GP
  176. 16Patients aged 75 years and over: accountable GP
  177. 16ANHS e-Referral Service (e-RS)
  178. 16BDirect booking by NHS 111 or via a connected service
  179. 16CReferral pathways
  180. 16DDirectory of Services
  181. 17Application for inclusion in a list of patients
  182. 18Inclusion in list of patients: armed forces personnel
  183. 18AInclusion in list of patients: detained persons
  184. 19Temporary residents
  185. 20Refusal of applications for inclusion in list of patients or for acceptance as a temporary resident
  186. 21Patient preference of a practitioner
  187. 22Removal from the list at the request of the patient
  188. 23Removal from the list at the request of the contractor
  189. 24Removal from the list of patients who are violent
  190. 25Removal from the list of patients registered elsewhere
  191. 26Removal from the list of patients who have moved
  192. 27Removal from list of patients whose address is unknown
  193. 28Removal from the list of patients absent from the United Kingdom etc.
  194. 29Removal from the list of patients accepted elsewhere as temporary residents
  195. 30Removal from a list of pupils etc. of a school
  196. 31Termination of responsibility for patients not registered with the contractor
  197. Part 2A: List of patients: Crown servants posted overseas and their family members
  198. Chapter 1: Interpretation of Part 2A
  199. 31AMeaning of “qualifying person”
  200. 31BQualifying persons to be treated as previous patients of contractors
  201. 31CGeneral interpretation of Part 2A
  202. Chapter 2: Crown servants and family members returning to the United Kingdom: registration with original or successor practice
  203. 31DCrown servants and family members returning to the United Kingdom for more than three months: inclusion in list of original practice or successor practice
  204. 31ECrown servants and family members returning to the United Kingdom for three months or less: temporary registration with original or successor practice
  205. Chapter 3: Crown servants and family members returning to the United Kingdom: registration with a new practice
  206. 31FCrown servants and family members returning to the United Kingdom for more than three months: inclusion in list of patients of a new practice
  207. 31GCrown servants and family members returning to the United Kingdom for three months or less: temporary registration with new practice
  208. Chapter 4: Refusal of applications made under this Part
  209. 31HRefusal of an application under paragraphs 31D to 31G
  210. Part 3: List of patients: closure etc.
  211. 32Application for closure of list of patients
  212. 33Approval of an application to close a list of patients
  213. 34Rejection of an application to close a list of patients
  214. 35Application for an extension of the closure period
  215. 36Re-opening of list of patients
  216. Part 4: Assignment of patients to lists
  217. 37Application of this Part
  218. 38Assignment of patients to list of patients: open and closed lists
  219. 39Factors relevant to assignments
  220. 39AAssignment of patients from outside practice area
  221. 40Assignments to closed lists: composition and determinations of the assessment panel
  222. 41Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel
  223. 42Assignments to closed lists: assignments of patients by NHS England
  224. Part 5: Sub-contracting
  225. 43Sub-contracting of clinical matters
  226. 43ASub-contracting out of hours services
  227. Part 6: Provision of information: practice leaflet, use of NHS primary care logo, marketing campaigns and advertising private services
  228. 44Information to be included in a practice leaflet
  229. 44AUse of NHS primary care logo
  230. 44BMarketing campaigns
  231. 44CAdvertising private services
  232. Part 7: Notice requirements and rights of entry
  233. 45Notices to NHS England
  234. 46Notice provisions specific to an agreement with a qualifying body
  235. 47Notice of deaths
  236. 48Notices given to patients following variation of the agreement
  237. 49Entry and inspection by NHS England
  238. 50Entry and inspection by the Care Quality Commission
  239. 51Entry and inspection by Local Healthwatch organisations
  240. Part 8: Variation and termination of agreements
  241. 52Variation of an agreement
  242. 53Termination by agreement
  243. 54Termination on death of the contractor
  244. 55Termination by giving notice
  245. 56Late payment notices
  246. 57Termination by NHS England for the provision of untrue etc. information
  247. 58Other grounds for termination by NHS England
  248. 59Termination by NHS England where patients' safety is at risk or where there is risk of financial loss to NHS England
  249. 60Termination by NHS England for unlawful sub-contracting
  250. 61Termination by NHS England: remedial notices and breach notices
  251. 62Termination by NHS England: additional provisions specific to agreements with qualifying bodies
  252. 63Agreement sanctions
  253. 64Agreement sanctions and the NHS dispute resolution procedure
  254. 65Termination and the NHS dispute resolution procedure
  255. Schedule 2A: Suspension and reactivation of personal medical services agreements
  256. 1Interpretation
  257. 2Right to suspend a personal medical services agreement
  258. 3Integrated care provider contracts
  259. 4Notice of intention to suspend a personal medical services agreement
  260. 5Suspension of a personal medical services agreement: general
  261. 6Notice of intention to reactivate a personal medical services agreement
  262. 7Right to reactivate a personal medical services agreement
  263. 8Reactivation of a personal medical services agreement: general
  264. 9Termination, expiry or variation of an integrated care provider contract
  265. Schedule 3: Consequential amendments
  266. 1Amendment of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004
  267. 2Amendment of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
  268. 3Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010
  269. 4Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
  270. 5Amendment of the National Health Service ( Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013
  271. 6Amendment to the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013
  272. 7Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2015
  273. Schedule 4: Revocations
  274. 1Paragraph 1
  275. Explanatory note