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

• (a) it would not be clinically appropriate for the patient on that occasion; or

• (b) it is otherwise not appropriate to the needs or circumstances of the patient.

• (6) For the purposes of paragraph (3)(a), “patient information” means information which relates to the physical or mental health or condition of a patient, to the diagnosis of their condition, to their care and treatment, or information which is to any extent derived, directly or indirectly, from such information.

Membership of a CCG

Certificates

Patients who should not be tested for, or vaccinated against, coronavirus: confirmation of exemption

Finance

Fees and charges

Circumstances in which fees and charges may be made

Patient participation

Publication of earnings information

Disclosure of information about NHS earnings: contractors and sub-contractors

Disclosure of information about NHS earnings: jobholders

27AA

• (1) In this regulation—

• (a) “disclosure obligation”, “relevant financial year”, “relevant threshold”, “the disclosure date” and “sub-contractor” have the meanings given in regulation 27A;

• (b) “NHS earnings” has the meaning given in regulation 27B.

• (2) In this regulation and, where applicable, in regulation 27B—

• “contract of engagement” means a contract of employment or other agreement under which a jobholder is engaged;

• “jobholder” means—an individual employed by a relevant person;an individual engaged by a relevant person under a contract for services to provide services which enable the relevant person to fulfil its obligations under the contract or sub-contract, as the case may be;an individual engaged by a third party to provide clinical services;where the relevant person is a company, a director or company secretary of that company;

• “relevant person” means—the contractor;a sub-contractor;a person to whom the sub-contractor has sub-contracted obligations as permitted by paragraph 44(9A) of Schedule 3 (“P”);

• “third party contract” means a contract or other agreement under which a relevant person is provided with a jobholder to provide clinical services under the contract or sub-contract, as the case may be, and which is between—a contractor and a person other than a jobholder or sub-contractor,a sub-contractor and a person other than a jobholder, the contractor, or a person (“P”) to whom the sub-contractor has sub-contracted obligations as permitted by paragraph 44(9A) of Schedule 3, orP and a person other than a jobholder or sub-contractor;

• “third party” is to be construed in accordance with the definition of “third party contract”.

• (3) A contract must contain a term which prevents the contractor from entering into a contract of engagement unless it requires the jobholder to comply with the disclosure obligation for each relevant financial year in which the jobholder’s NHS earnings exceed the relevant threshold.

• (4) A contract must also contain a term which prevents the contractor from sub-contracting any of its obligations to provide clinical services under the contract unless—

• (a) the sub-contract entered into by the contractor requires the sub-contractor (“S”) to—

• (i) include the term specified in paragraph (6) in any contract of engagement S enters into with a jobholder on or after entering into the sub-contract, and

• (ii) use reasonable endeavours to include that term in any contract of engagement which S has entered into prior to entering into the sub-contract, and

• (b) the sub-contract prevents S from sub-contracting to P any of the clinical services S has agreed with the contractor to provide under the sub-contract unless the sub-contract S enters into with P includes the term specified in paragraph (5).

• (5) The term requires P to—

• (a) include the term specified in paragraph (6) in any contract of engagement which P enters into with a jobholder on or after entering into the sub-contract with S, and

• (b) use reasonable endeavours to include that term in any contract of engagement which P has entered into prior to entering into that sub-contract.

• (6) The term requires the jobholder to comply with the disclosure obligation for each relevant financial year in which the jobholder’s NHS earnings exceed the relevant threshold.

• (7) A contract must also contain a term requiring the contractor to use reasonable endeavours to ensure that any contract of engagement, which the contractor entered into before the term in paragraph (3) is incorporated into the contract is amended to include the term specified in paragraph (6).

• (8) A contract must also contain a term requiring the contractor to use reasonable endeavours to ensure that any sub-contract which the contractor entered into before the term in paragraph (4) is incorporated into the contract is amended to include the terms specified in paragraph (9).

• (9) The terms are—

• (a) a term which requires S to—

• (i) include the term specified in paragraph (6) in any contract of engagement S enters into with a jobholder on or after the amendment of the sub-contract,

• (ii) use reasonable endeavours to include the term specified in paragraph (6) in any contract of engagement which S entered into before the amendment of the sub-contract, and

• (iii) use reasonable endeavours to include the term specified in paragraph (5) in any sub-contract which S has entered into with P before the amendment of the sub-contract pursuant to paragraph (8);

• (b) a term which prevents S from sub-contracting to P obligations to provide clinical services under the contract unless the sub-contract entered into by S includes the term specified in paragraph (5).

• (10) A contract must also contain a term requiring the contractor to use reasonable endeavours to include in a third party contract (whenever entered into) a term requiring the third party (“T”) —

• (a) to include the term specified in paragraph (6) in any contract of engagement which T enters into with a jobholder on or after entering into the contract with the contractor;

• (b) to use reasonable endeavours to include that term in any contract of engagement which T has entered into prior to entering into the contract with the contractor.

• (11) A contract must also contain a term which prevents the contractor from sub-contracting any of its obligations to provide clinical services under the contract, unless the sub-contract requires S to use reasonable endeavours to—

• (a) include in a third party contract (whenever entered into) a term requiring T —

• (i) to include the term specified in paragraph (6) in any contract of engagement which T enters into with a jobholder on or after entering into the contract with S;

• (ii) to use reasonable endeavours to include that term in any contract of engagement which T has entered into prior to entering into the contract with S; and

• (b) include in any sub-contract between S and P a term requiring P to use reasonable endeavours to include in any third party contract (whenever entered into) the term specified in paragraph (12).

• (12) The term is one which requires T—

• (a) to include the term specified in paragraph (6) in any contract of engagement which T enters into with a jobholder on or after entering into the contract with P;

• (b) to use reasonable endeavours to include that term in any contract of engagement which T has entered into prior to entering into the contract with P.

• (13) Nothing in this regulation requires a jobholder to comply with the disclosure obligation for any relevant financial year which—

• (a) ends before the jobholder enters into a contract of engagement;

• (b) begins after the jobholder’s contract of engagement has terminated.

Calculation of NHS earnings for the purposes of regulations 27A and 27AA

Sub-contracting

Variation of contracts

Variation of contracts: integrated care provider contracts

Variation of contracts: registered patients from outside practice area

Termination of a contract

Other contractual terms

Suspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.

Patient access: other availability of directly bookable appointments

71B

A contractor must ensure that all of its directly bookable appointments are made available for booking by telephone or in person.

Confidentiality of personal data: nominated person

Requirement to have and maintain an online presence

Requirement to maintain profile page on NHS website

Provision of information

Provision of information: GP access data

National Diabetes Audit

Information relating to indicators no longer in the Quality and Outcomes Framework

Information relating to alcohol related risk reduction and dementia diagnosis and treatment

NHS Digital Workforce Collections

Information relating to overseas visitors

Medicines and Healthcare products Regulatory Agency Central Alerting System

Collection of data relating to appointments in general practice

Collection of data concerning use of online consultation tools and video consultations

Inquiries about prescriptions and referrals

Provision of information to a medical officer etc.

Annual return and review

Practice leaflet

NHS England Workforce Collections

Prescribing software and supply shortages etc. of medicines

55A

• (1) This paragraph applies where—

• (a) the Secretary of State, in the exercise of the Secretary of State’s obligations, duties or powers in respect of ensuring that adequate supplies of English health service medicines are available—

• (i) has acquired information under Part 6 of the Health Service Products (Provision and Disclosure of Information) Regulations 2018 (information about price and availability of health service medicines) about a particular English health service medicine, and

• (ii) authorises the disclosure of information derived from that information (“relevant communications information”) to contractors for the purpose of ensuring, by the appropriate and effective management of—

• (aa) a supply shortage of that particular English health service medicine, or

• (bb) the discontinuation of the production of that particular English health service medicine,

that adequate supplies of English health service medicines are available;

• (b) the contractor wishes to receive relevant communications information via the prescribing software that it has to support the issuing of prescriptions for English health service medicines (in addition to the other ways in which it may access that information); and

• (c) there is a software programme available to the contractor from its supplier of prescribing software (“SPS”) that would enable that.

• (2) Where paragraph (1) applies, the contractor must ensure that the arrangements it makes with a SPS to support the issuing of prescriptions for English health service medicines—

• (a) include appropriate provision requiring the updating of the software to take account of relevant communications information about supply shortages of, or the discontinuation of the production of, particular English health service medicines; and

• (b) are, as regards that inclusion, consistent with the authorisation referred to in paragraph (1)(a)(ii).

• (3) The disclosure of relevant communications information by the Secretary of State or a person acting on the Secretary of State’s behalf to a SPS, or by a SPS to a contractor in a manner that is consistent with the authorisation referred to in paragraph (1)(a)(ii), is not a disclosure of confidential or commercially sensitive information affected by section 264B(2)(b) of the Act, in a case where but for this paragraph it would be, if the disclosure is—

• (a) for the purpose of ensuring, by the appropriate and effective management by the Secretary of State (and persons acting on the Secretary of State’s behalf) of—

• (i) a supply shortage of the particular English health service medicine in question, or

• (ii) the discontinuation of the production of the particular English health service medicine in question,

that adequate supplies of English health service medicines are available; and

• (b) proportionate to that purpose.

• (4) A disclosure of relevant communications information as mentioned in paragraph (3) may be by way of permitting access to that information rather than proactive disclosure.

• (5) A disclosure of relevant communications information that is as mentioned in paragraph (3) is to be treated as neither constituting a breach of confidence nor prejudicing commercial interests in any case where, but for this paragraph, it would be so treated.

• (6) Section 264B(3)(f) of the Act applies to the contractor in respect of relevant communications information received as part of the arrangements mentioned in paragraph (2) as it would if the Secretary of State had disclosed that information to the contractor directly instead of via an intermediary.

• (7) A SPS must not disclose relevant communications information, other than as provided for in paragraph (3), if it is confidential or commercially sensitive information that, when disclosed to a contractor by the Secretary of State, is subject to the disclosure restriction in section 264B(2)(b) of the Act.

Orders for drugs, medicines or appliances

Electronic prescriptions

Nomination of dispensers for the purposes of electronic prescriptions

Repeatable prescribing services

Repeatable prescriptions

Prescribing for electronic repeat dispensing

Restrictions on prescribing by medical practitioners

Restrictions on prescribing by supplementary prescribers

Bulk prescribing

Excessive prescribing

Provision of drugs, medicines and appliances for immediate treatment or personal administration

New telephone contract or arrangement

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cost of relevant calls

Contact with the practice

Attendance outside practice premises

Newly registered patients

Newly registered patients – alcohol dependency screening

Patients living with frailty

Accountable GP

Patients not seen within three years

Patients aged 75 and over

Patients aged 75 and over: accountable GP

NHS e-Referral Service (e-RS)

Direct booking by NHS 111 or via a connected service

Clinical reports

Storage of vaccines

Infection control

Duty of co-operation

Duty of co-operation: Primary Care Networks

Cessation of service provision: information requests

Co-operation with NHS England

Notices to NHS England

Entry and inspection by NHS England

Termination by NHS England: general

Termination by NHS England for breach of conditions in regulation 5

Termination by NHS England for the provision of untrue etc. information

Other grounds for termination by NHS England

Termination by NHS England where patients' safety is seriously at risk or where there is risk of material financial loss to Board

Termination by NHS England for unlawful sub-contracting

Termination by NHS England: remedial notices and breach notices

Termination by NHS England: additional provisions specific to contracts with two or more persons practising in partnership and companies limited by shares

Vaccines and immunisations: standards

Duty to have regard to Armed Forces Covenant principles

15B

When providing services under the contract, the contractor must have due regard to the principles contained in section 343AA(1)(a) to (c) of the Armed Forces Act 2006 in relation to its patients and prospective patients.

Cessation of service provision: information requests

Recording and reviewing patient safety events

74J

• (1) The contractor must register for, and maintain an account with, the LFPSE Service that has administrator rights.

• (2) In this regulation, “LFPSE Service” refers to the centralised system provided by NHS England to record information and provide data and analysis about events involving patient safety.

Inquiries about prescriptions and referrals

Provision of information to a medical officer etc.

Annual return and review

Practice leaflet

Enabling access to patient records through GP Connect

68A

• (1) Where the contractor holds a patient’s record on its computerised clinical systems, the contractor must ensure that its computerised clinical systems are configured to enable—

• (a) GP Connect Access Record HTML and GP Connect Access Record Structured; and

• (b) GP Connect Update Record.

• (2) A contractor must take all reasonable steps to ensure that the functionality referred to in paragraph (1) is operational at all times.

• (3) In this regulation—

• “GP Connect” means the national service known as GP Connect provided by NHS England which facilitates interconnectivity between computerised clinical systems;

• “GP Connect Access Record HTML” means the functionality within GP Connect that allows records to be viewed in Hypertext Markup Language by other users of GP Connect for the purpose of direct care to a patient;

• “GP Connect Access Record Structured” means the functionality within GP Connect that allows records to be viewed in a structured and coded format that is machine readable by other users of GP Connect for the purpose of direct care to a patient;

• “GP Connect Update Record” means the functionality within GP Connect that allows consultation summaries to be sent electronically to the contractor by other users of GP Connect for integration into the patient’s record; and

• “patient’s record” means computerised records kept in relation to a patient in accordance with regulation 67(1)(b).

Electronic transfer of patient records between GP practices

Transfer of patient records between GP practices: time limits

Clinical correspondence: requirement for NHS number

Use of fax machines

Patient online services : appointments and prescriptions

Patient online services: provision of online access to full digital medical record

Patient online services: providing and updating personal or contact information

Patient online services: provision of an online consultation tool

Secure electronic communications

Video consultations

Meaning of “appropriate software” for the purposes of regulations 71ZD, 71ZE and 71ZF

Patient access to online services

Patient access: other availability of directly bookable appointments

Confidentiality of personal data: nominated person

Requirement to have and maintain an online presence

Requirement to maintain profile page on NHS website

Provision of information

Provision of information: GP access data

National Diabetes Audit

Information relating to indicators no longer in the Quality and Outcomes Framework

Information relating to alcohol related risk reduction and dementia diagnosis and treatment

NHS England Workforce Collections

Information relating to overseas visitors

Medicines and Healthcare products Regulatory Agency Central Alerting System

Collection of data relating to appointments in general practice

Collection of data concerning use of online consultation tools and video consultations

Recording and reviewing patient safety events

Inquiries about prescriptions and referrals

Provision of information to a medical officer etc.

Annual return and review

Practice leaflet