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

Type Statutory-Instrument

Publication 2015-11-06

Last updated 2026-07-10

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) contractors, including those contractors who provide primary medical services in accordance with arrangements made under section 83(2) of the Act (primary medical services) or under a contract made in accordance with the General Medical Services Contracts Regulations, which—

(i) have closed their lists of patients, and

(ii) may, in the opinion of NHS England, be affected by the determination of the assessment panel; and

(b) the Local Medical Committee (if any) for the area in which the contractors referred to in paragraph (a) provide essential services (or their equivalent),

that it has referred the matter to the assessment panel.

(3) NHS England must ensure that the assessment panel is appointed to consider and determine the proposal made under sub-paragraph (1), and the composition of the assessment panel must be as described in sub-paragraph (4).

(4) The members of the assessment panel must be—

(a) a member of NHS England who is a director;

(b) a patient representative who is a member of the Local Health and Wellbeing Board or Local Healthwatch organisation ;

(c) a member of a Local Medical Committee but not a member of the Local Medical Committee (if any) for the area in which the contractors who may be assigned patients as a consequence of the panel's determination provide essential services.

(5) In reaching its determination, the assessment panel must have regard to all relevant factors including—

(a) whether NHS England has attempted to secure the provision of essential services (or their equivalent) for new patients other than by means of assignment to a contractor with a closed list; and

(b) the workload of those contractors likely to be affected by any decision to assign such patients to their list of patients.

(6) The assessment panel must reach a determination before the end of the period of 28 days beginning with the date on which the panel was appointed.

(7) The assessment panel must—

(a) determine whether NHS England may assign new patients to a contractor which has a closed list of patients; and

(b) if it determines that NHS England may make such an assignment, determine, where there is more than one contractor, the contractors to which patients may be assigned.

(8) The assessment panel may determine that NHS England may assign new patients to contractors other than any of the contractors specified in its proposals under sub-paragraph (1), as long as the contractors were given notice in writing under sub-paragraph (2)(a).

(9) The assessment panel's determination must include its comments on the matters referred to in sub-paragraph (5), and notice in writing of that determination must be given to those contractor's referred to in sub-paragraph (2)(a).

Assignments to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

41

(1) Where an assessment panel makes a determination under paragraph 40(7)(a) that NHS England may assign new patients to contractors who have closed their lists of patients, any contractor specified in the determination may refer the matter to the Secretary of State to review that determination.

(2) Where a matter is referred to the Secretary of State under sub-paragraph (1), it must be reviewed in accordance with the procedure specified in the following sub-paragraphs.

(3) Where more than one contractor specified in the determination would like to refer the matter for dispute resolution, those contractors may, if they all agree, refer the matter jointly and, in that case, the Secretary of State must review the matter in relation to those contractors together.

(4) The contractor (or contractors) must send to the Secretary of State, before the end of the period of seven days beginning with the date of the determination of the assessment panel in accordance with paragraph 40(7)(a), a written request for dispute resolution which must include or be accompanied by—

(a) the names and addresses of the parties to the dispute;

(b) a copy of the agreement (or agreements); and

(5) The Secretary of State must, before the end of the period of seven days beginning with the date on which the matter was referred to the Secretary of State—

(a) give notice in writing to the parties that the Secretary of State is dealing with the matter; and

(b) include with the notice a written request to the parties to make, in writing before the end of a specified period, any representations which those parties would like to make about the dispute.

(6) The Secretary of State must give, with the notice under sub-paragraph (5), to the party other than the one which referred the matter to dispute resolution, a copy of any document by which the dispute was referred to dispute resolution.

(7) The Secretary of State must, upon receiving any representations from a party—

(a) give a copy of those representations to each other party; and

(b) request, in writing, that each party to which a copy of those representations is given makes, before the end of a specified period, any written observations which they would like to make about those representations.

(8) The Secretary of State may—

(a) invite representatives of the parties to appear before, and make oral representations to, the Secretary of State either together or, with the agreement of the parties, separately, and may, in advance, provide the parties with a list of matters or questions to which the Secretary of State would like them to give special consideration; or

(b) consult other persons whose expertise the Secretary of State considers is likely to assist the Secretary of State's consideration of the dispute.

(9) Where the Secretary of State consults another person under sub-paragraph (8)(b), the Secretary of State must—

(a) give notice in writing to that effect to the parties; and

(b) where the Secretary of State considers that the interests of any party might be substantially affected by the result of the consultation, give to the parties such opportunity as the Secretary of State considers reasonable in the circumstances to make observations about those results.

(10) In considering the dispute, the Secretary of State must take into account—

(a) any written representations made in response to a request under sub-paragraph (5)(b), but only if they are made before the end of the specified period;

(b) any written observations made in response to a request under sub-paragraph (7), but only if they are made before the end of the specified period;

(d) the results of any consultation under sub-paragraph (8)(b); and

(e) any observations made in accordance with an opportunity given under sub-paragraph (9).

(11) Subject to the other provisions of this paragraph and to any agreement between the parties, the Secretary of State may determine the procedure which is to apply to the dispute resolution in such manner as the Secretary of State considers appropriate in order to ensure the just, expeditious, economical and final determination of the dispute.

(12) In this paragraph, “specified period” means—

(a) such period as the Secretary of State specifies in the request being a period of not less than one week or not more than two weeks beginning with the date on which the notice referred to is given; or

(b) such longer period as the Secretary of State may allow for the determination of the dispute where the period for determination of the dispute has been extended in accordance with sub-paragraph (16) and where the Secretary of State does so allow, a reference in this paragraph to the specified period is to the period as so extended.

(13) Subject to sub-paragraph (16), the Secretary of State must—

(a) determine the dispute before the end of the period of 21 days beginning with the date on which the matter was referred to the Secretary of State;

(b) determine whether NHS England may assign new patients to contractors which have closed their lists of patients; and

(c) if the Secretary of State determines that NHS England may assign new patients to such contractors, determine the contractors to which such new patients may be assigned.

(14) The Secretary of State must not determine that patients may be assigned to a contractor which was not specified in the determination of the assessment panel under paragraph 40(7)(b).

(15) In the case of a matter referred jointly by contractors in accordance with sub-paragraph (3), the Secretary of State may determine that patients may be assigned to one, some or all of the contractors which referred the matter.

(16) The period of 21 days referred to in sub-paragraph (13) may be extended (even after it has expired) by a further specified number of days if an agreement to that effect is reached by—

(a) the Secretary of State;

(b) NHS England; and

(17) The Secretary of State must—

(a) record the determination, and the reasons for it, in writing; and

(b) give notice in writing of the determination (including the record of the reasons) to the parties.

Assignments to closed lists: assignments of patients by NHS England

42

(1) Before NHS England assigns a new patient to a contractor, NHS England must, subject to sub-paragraph (3)—

(a) enter into discussions with the contractor regarding the additional support that NHS England can offer the contractor; and

(b) use its best endeavours to provide such appropriate support.

(2) In the discussions referred to in sub-paragraph (1)(a), both parties must use reasonable endeavours to reach agreement.

(3) The requirement in sub-paragraph (1)(a) to enter into discussions applies—

(a) to the first assignment of a patient to a particular contractor; and

(b) to any subsequent assignment to that contractor to the extent that it is reasonable and appropriate having regard to—

(i) the numbers of patients who have or may be assigned to it, and

(ii) the period of time since the last discussions under sub-paragraph (1)(a) took place.

PART 5 — Sub-contracting

Sub-contracting of clinical matters

43

(1) The contractor must not sub-contract any of its rights or duties under the agreement in relation to clinical matters to any person unless—

(a) in all cases, including those duties relating to out of hours services to which paragraph 43A (sub-contracting out of hours services) applies, the contractor has taken reasonable steps to satisfy itself that—

(i) it is reasonable in all the circumstances to do so, and

(ii) the person to whom any of those rights or duties is sub-contracted is qualified and competent to provide the service, and

(b) except in cases to which paragraph 43A applies, the contractor has given notice in writing to NHS England of its intention to sub-contract, as soon as reasonably practicable before the date on which the proposed sub-contract is intended to come into effect.

(2) Sub-paragraph (1)(b) does not apply to a contract for services with a health care professional for the provision by that professional personally of clinical services.

(3) A notice given under sub-paragraph (1)(b) must include—

(a) the name and address of the proposed sub-contractor,

(b) the duration of the proposed sub-contract,

(d) the address of any premises to be used as practice premises under the proposed sub-contract.

(4) On receipt of a notice given under sub-paragraph (1)(b), NHS England may request such further information relating to the proposed sub-contract as appears to it to be reasonable, and the contractor must supply such information to NHS England promptly.

(5) The contractor must not proceed with a contract or, if the contract has already taken effect, the contractor must take steps to terminate it, where—

(a) before the end of the period of 28 days beginning with the date on which NHS England received a notice from the contractor under sub-paragraph (1)(b), NHS England gives notice in writing of its objection to the contract on the grounds that the contract would—

(i) put the safety of the contractor's patients at serious risk, or

(ii) put NHS England at risk of material financial loss, or

(b) the sub-contractor would be unable to meet the contractor's obligations under the agreement.

(6) A notice given by NHS England under sub-paragraph (5)(a) must include a statement of the reasons for NHS England's objection.

(7) Sub-paragraphs (1) to (6) also apply in relation to any renewal, or material variation, of a contract in relation to clinical matters.

(8) Where NHS England does not give notice of an objection under sub-paragraph (5), the parties to the agreement are deemed to have agreed a variation of the agreement which has the effect of adding the address of any premises which was notified to NHS England under sub-paragraph (3)(d) to the list of practice premises and, in these circumstances, paragraph 52(1) (variation of an agreement) does not apply.

(9) Subject to sub-paragraph (10), a sub-contract entered into by a contractor must prohibit the sub-contractor from sub-contracting any of the clinical services that it has agreed with the contractor to provide under the sub-contract.

(10) A sub-contract entered into by the contractor may allow the sub-contractor to sub-contract clinical services the contractor has agreed to provide under the Network Contract Directed Enhanced Service Scheme, pursuant to the Primary Medical Services (Directed Enhanced Services) Directions, provided the contractor obtains the written approval of NHS England prior to the sub-contractor sub-contracting those services.

(11) The contractor must not sub-contract any of its rights or duties under the agreement in relation to the provision of essential services to a company or firm that is—

(a) wholly or partly owned by the contractor, or by any former or current employee of, or partner or shareholder in, the contractor,

(b) formed by or on behalf of the contractor, or from which the contractor derives or may derive a pecuniary benefit, or

(c) formed by or on behalf of a former or current employee of, or partner or shareholder in, the contractor, or from which such a person derives or may derive a pecuniary benefit,

where sub-paragraph (12) applies to that company or firm.

(12) This sub-paragraph applies to a company or firm which is or was formed wholly or partly for the purpose of avoiding the restrictions on the sale of goodwill of a medical practice in section 259 of the Act (sale of medical practices), and Schedule 21 to the Act (prohibition of sale of medical practices), or any regulations made wholly or partly under those provisions of the Act.

Sub-contracting out of hours services

43A

(1) A contractor must not sub-contract all or part of its duty to provide out of hours services under the agreement to a person other than those specified in sub-paragraph (2) without the prior written approval of NHS England.

(2) The persons specified in this sub-paragraph are—

(a) a person who holds a contract made in accordance with the General Medical Services Contracts Regulations and under such contract is required to provide the equivalent of essential services to its patients during all or part of the out of hours period,

(b) a provider of an agreement which includes the provision of out of hours services,

(c) a health care professional, not falling within paragraph (a) or (b), who is to provide the out of hours services personally under a contract for services, or

(d) a group of medical practitioners, whether in partnership or not, who provide out of hours services for each other under informal rota agreements.

(3) The requirement in sub-paragraph (1) to obtain prior written approval does not apply in any case where a contractor sub-contracts all or part of its duty to provide out of hours services under the agreement on a short term or occasional basis.

(4) An application for approval under sub-paragraph (1) must be made by the contractor in writing to NHS England and must state—

(a) the name and address of the proposed sub-contractor,

(b) the duration of the proposed sub-contract,

(d) the address of any premises to be used as practice premises under the sub-contract, and

(e) the manner in which the sub-contractor proposes to meet the contractor's obligations under the agreement in respect of the services to be covered by the sub-contract.

(5) Before the end of the period of seven days beginning with the date on which NHS England received the application under sub-paragraph (4), NHS England may request such further information relating to arrangements under the proposed sub-contract as appears to it to be reasonable.

(6) Where NHS England receives an application which meets the requirements specified in sub-paragraph (4), or receives any further information requested under sub-paragraph (5) in relation to an application, NHS England must, before the end of the period of 28 days beginning with the date on which it received the application or that information (whichever is the latest)—

(a) approve the application;

(b) approve the application subject to conditions; or

(7) NHS England must not refuse the application if it is satisfied that the arrangements covered by the proposed sub-contract would, in respect of the services to be provided, enable the contractor to satisfactorily meet its obligations under the agreement and would not—

(a) put the safety of the contractor's patients at serious risk, or

(b) put NHS England at risk of material financial loss.

(8) NHS England must give notice in writing to the contractor of its decision on the application and, where it refuses an application, it must include in the notice a statement of the reasons for its refusal.

(9) Where NHS England approves an application under this paragraph, the parties to the agreement are deemed to have agreed a variation of the agreement which has the effect of adding to the list of practice premises, for the purposes of the provision of services in accordance with that application, any premises the address of which was notified to NHS England under sub-paragraph (4)(d) and, in these circumstances, paragraph 52(1) (variation of an agreement) does not apply.

(10) Sub-paragraphs (1) to (9) also apply in relation to any renewal or material variation of a sub-contract in relation to out of hours services.

(11) A sub-contract entered into by a contractor must prohibit the sub-contractor from sub-contracting the out of hours services that it has agreed with the contractor to provide under the sub-contract.

PART 6 — Provision of information: practice leaflet, use of NHS primary care logo, marketing campaigns and advertising private services

Information to be included in a practice leaflet

44

A practice leaflet must include—

(a) the name of the contractor;

(b) in the case of an agreement with a qualifying body—

(i) the names of the directors, the company secretary and the shareholders of that qualifying body, and

(ii) the address of that qualifying body's registered office;

(c) the contractor's telephone, fax number and website address or the address at which its online practice profile is available;

(d) the full name of each person performing services under the agreement;

(e) the professional qualifications of each health care professional providing services under the agreement;

(f) whether the contractor undertakes the teaching or training of health care professionals or persons intending to become health care professionals;

(g) whether the contractor provides essential services in its practice area, including the area known as the outer boundary area (within the meaning given in regulation 13(2)) by reference to an image of the practice area, a written description of the practice area or a digital practice area map;

(h) the address of each of the contractor's practice premises;

(i) the access arrangements which the contractor's practice premises have for providing services to disabled patients and, if none, the alternative arrangements for providing services to such patients;

(j) how to register as a patient;

(k) the right of patients to express a preference of practitioner in accordance with paragraph 21 and the means of expressing such a preference;

(l) the services available under the agreement;

(m) the opening hours of the practice premises and all means of contacting the contractor throughout the core hours as required by paragraph 5;

(n) the criteria for home visits and the method of obtaining such a visit;

(o) the arrangements for services in the out of hours period (whether or not provided by the contractor) and how the patient may access such services;

(p) where the services referred to in sub-paragraph (o) are not provided by the contractor, the fact that NHS England is responsible for commissioning the services;

(q) information about the assignment by the contractor to its new and existing patients of an accountable GP in accordance with paragraph 15;

(r) information about the assignment by the contractor to its patients aged 75 and over of an accountable GP under paragraph 16;

(s) the telephone number of the 111 service;

(t) the method by which patients are to obtain repeat prescriptions;

(u) if the contractor offers repeatable prescribing services, the arrangements for providing such services;

(v) if the contractor is a dispensing contractor, the arrangements for dispensing prescriptions;

(w) how patients may make a complaint or comment on the provision of services;

(x) the rights and responsibilities of the patient, including keeping appointments;

(y) the action that may be taken where a patient is violent or abusive to a party to the agreement who is an individual, any member of the contractor's staff or other persons present on the contractor's practice premises or in the place where treatment is provided under the agreement;

(z) details of who has access to patient information (including information from which the identity of the individual can be ascertained) and the rights of patients in relation to the disclosure of such information; and

(aa) the full name, postal and e mail address and telephone number of NHS England from whom details of primary medical services in the area may be obtained.

Use of NHS primary care logo

44A

Where a contractor chooses to apply the NHS primary care logo to signage, stationery, leaflets, posters, its practice website or to any other form of written representation relating to the primary care services it provides, it must have regard to guidance concerning use of the NHS primary care logo produced by NHS England.

Marketing campaigns

44B

The contractor must participate in a manner reasonably requested by NHS England in up to 6 marketing campaigns in each financial year.

Advertising private services

44C

The contractor must not advertise the provision of private services, either itself or through any other person, whether the contractor provides the services itself or they are provided by another person, by any written or electronic means where the same are used to advertise the primary medical services it provides.

PART 7 — Notice requirements and rights of entry

Notices to NHS England

45

In addition to any requirements to give notice elsewhere in these Regulations, the contractor must give notice in writing to NHS England as soon as reasonably practicable of—

(a) any serious incident that, in the reasonable opinion of the contractor, affects or is likely to affect the contractor's performance of its obligations under the agreement;

(b) any circumstances which give rise to NHS England’s right to terminate the agreement under paragraph 57 or 58;

(d) any change in the address of a registered patient of which the contractor is aware; and

(e) the death of any patient of which the contractor is aware.

Notice provisions specific to an agreement with a qualifying body

46

(1) Where a qualifying body is a party to the agreement, the contractor must give notice in writing to NHS England as soon as—

(a) any share in the qualifying body is transmitted or transferred (whether legally or beneficially) to another person on a date after the date on which the agreement was entered into;

(b) a new director or secretary of the qualifying body is appointed;

(c) the qualifying body passes a resolution, or a court of competent jurisdiction makes an order, that the qualifying body be wound up;

(d) circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the qualifying body;

(e) circumstances arise which would enable the court to make a winding up order in respect of the qualifying body; or

(f) the qualifying body is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts).

(2) A notice under paragraph (1)(a) must confirm that the new shareholder, or, as the case may be, the personal representative of a deceased shareholder—

(a) falls within section 93(1) of the Act (persons with whom agreements may be made); and

(b) meets the further conditions imposed on shareholders by virtue of regulation 5.

(3) A notice under paragraph (1)(b) must confirm that the new director, or, as the case may be, secretary meets the conditions imposed on directors and secretaries by virtue of regulation 5.

Notice of deaths

47

(1) The contractor must give notice in writing to NHS England of the death on its practice premises of a patient no later than the end of the first working day after the date on which that death occurred.

(2) The notice given under sub-paragraph (1) must include—

(a) the patient's full name;

(b) the patient's National Health Service number (where known);

(d) a brief description of the circumstances (as known) surrounding the patient's death;

(e) the name of any medical practitioner or other person treating the patient while the patient was on the contractor's practice premises; and

(f) the name (where known) of any other person who was present at the time of the patient's death.

Notices given to patients following variation of the agreement

48

(1) This paragraph applies where an agreement is varied in accordance with regulation 24 and Part 8 of this Schedule and, as a result of that variation—

(a) there is to be a change in the range of services provided to the contractor's registered patients; or

(b) patients who are on the contractor's list of patients are to be removed from that list.

(2) Where this paragraph applies, NHS England must—

(a) give notice in writing to those patients of that variation and of its effect; and

(b) inform those patients of the steps that they may take to—

(i) obtain the services in question elsewhere, or

(ii) register elsewhere for the provision to them of essential services (or their equivalent).

Entry and inspection by NHS England

49

(1) Subject to the conditions specified in sub-paragraph (2), the contractor must allow any person authorised in writing by NHS England to enter and inspect the contractor's practice premises at any reasonable time.

(2) The conditions specified in this sub-paragraph are that—

(a) reasonable notice of the intended entry has been given;

(b) written evidence of the authority of the person seeking entry is produced to the contractor on request; and

(c) entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.

Entry and inspection by the Care Quality Commission

50

The contractor must allow persons authorised by the Care Quality Commission to enter and inspect the contractor's practice premises in accordance with section 62 of the Health and Social Care Act 2008 (entry and inspection).

Entry and inspection by Local Healthwatch organisations

51

The contractor must comply with the requirement to allow an authorised representative to enter and view premises and observe the carrying on of activities on those premises in accordance with regulations made under section 225 of the Local Government and Public Involvement in Health Act 2007 (duties of service-providers to allow entry by Local Healthwatch organisations or contractors).

PART 8 — Variation and termination of agreements

Variation of an agreement

52

(1) Subject to Part 6 and to paragraphs 43(3) and 64 of Schedule 2, a variation of, or amendment to, an agreement is not effective unless it is in writing and signed by or on behalf of NHS England and the contractor.

(2) NHS England may vary the agreement without the contractor's consent where—

(a) it is reasonably satisfied that the variation is necessary in order to comply with the Act, any regulations made under or by virtue of the Act, or any direction given by the Secretary of State under or by virtue of the Act; and

(b) it gives notice in writing to the contractor of the wording of the proposed variation and the date on which that variation is to take effect.

(3) The date on which the proposed variation referred to in sub-paragraph (2)(b) is to take effect must, unless it is not reasonably practicable, be a date which falls at least 14 days after the date on which the notice under that sub-paragraph is given to the contractor.

Termination by agreement

53

NHS England and the contractor may agree in writing to terminate the agreement, and if the parties so agree, they must agree the date upon which that termination is to take effect and any further terms upon which the agreement is to be terminated.

Termination on death of the contractor

54

(1) Where the agreement is with an individual medical practitioner and that medical practitioner dies, the agreement terminates at the end of the period of seven days beginning with the date of the contractor's death unless sub-paragraph (2) applies.

(2) This sub-paragraph applies where, before the end of the period of seven days referred to in sub-paragraph (1), NHS England agrees in writing with the contractor's personal representatives that the agreement should continue for a further period, not exceeding 28 days, from the end of the period of seven days.

(3) This paragraph does not affect any other rights to terminate the agreement which NHS England may have under paragraphs 57 to 60.

Termination by giving notice

55

(1) The contractor or NHS England may at any time terminate the agreement by giving notice in writing to the other party or parties to the agreement.

(2) Subject to sub-paragraphs (3) and (4), notice given under sub-paragraph (1) must specify the date on which the termination is to take effect and the agreement terminates on the date so specified.

(3) Where the period of notice in relation to the termination (which must be a period of at least six months) has previously been agreed between the parties and provided for in the agreement, the date of termination specified in the notice must be calculated in accordance with the agreed period of notice.

(4) Where a period of notice in relation to the termination has not previously been agreed between the parties and provided for in the agreement, the period of notice required must be six months and the date of termination specified in the notice must be calculated accordingly and the agreement terminates on the date so calculated.

(5) This paragraph does not affect any other rights to terminate the agreement which the contractor and NHS England may have.

Late payment notices

56

(1) The contractor may give notice in writing (a “late payment notice”) to NHS England if NHS England has failed to make any payments due to the contractor in accordance with a term of the agreement regarding prompt payments which has the effect specified in regulation 16(1), and the contractor must specify in the late payment notice the payments that NHS England has failed to make in accordance with that term.

(2) Subject to sub-paragraph (4), the contractor may, at least 28 days after the date on which a late payment notice under sub-paragraph (1) was given, terminate the agreement by giving a further written notice to NHS England in the event of NHS England’s continuing failure to make the payments that are due to the contractor as specified in the late payment notice.

(3) Sub-paragraph (4) applies if, following receipt of a late payment notice, NHS England—

(a) refers the matter to the NHS dispute resolution procedure before the end of a period of 28 days beginning with the date on which NHS England received the late payment notice; and

(b) gives notice in writing to the contractor that it has done so before the end of that period.

(4) Where this sub-paragraph applies, the contractor may not terminate the agreement in accordance with sub-paragraph (2) until—

(a) there has been a final determination of the dispute under the NHS dispute resolution procedure and that determination permits the contractor to terminate the agreement; or

(b) NHS England ceases to pursue the NHS dispute resolution procedure,

whichever is the earlier.

(5) This paragraph does not affect any other rights to terminate the agreement that the contractor may have.

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

57

(1) Where sub-paragraph (2) applies, NHS England may give notice in writing to the contractor terminating the agreement with immediate effect, or from such date as may be specified in the notice.

(2) This sub-paragraph applies if, after the agreement was entered into, it comes to NHS England’s attention that written information—

(a) provided to NHS England by the contractor before the agreement was entered into; or

(b) included in a notice given to NHS England under paragraph 46(1)(a) or (b),

relating to the conditions set out in regulation 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.

Other grounds for termination by NHS England

58

(1) NHS England may give notice in writing to a contractor terminating the agreement with immediate effect, or from such date as may be specified in the notice, if sub-paragraph (4) applies to the contractor—

(a) during the existence of the agreement; or

(b) if later, on or after the date on which a notice in respect of the contractor's compliance with the conditions in regulation 5 was given under paragraph 46(1)(a) or (b).

(2) Sub-paragraph (4) applies—

(a) where a contractor who is an individual medical practitioner is a party to the agreement, to that medical practitioner; or

(b) where the agreement is with a contractor which is a qualifying body, to—

(i) the qualifying body,

(ii) any person both legally and beneficially owning a share in the qualifying body, or

(iii) any director or secretary of the qualifying body.

(3) In the case of a person who is a party to an agreement made before 1st April 2004 which is deemed to be an agreement made under section 92 of the Act, the reference to “during the existence of the agreement” in sub-paragraph (1) is to be construed as excluding any period before 1st April 2004.

(4) This sub-paragraph applies if—

(a) the contractor is the subject of a national disqualification;

(b) subject to sub-paragraph (5), the contractor has been disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by a licensing body anywhere in the world;

(c) subject to sub-paragraph (6), the contractor has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless, before NHS England has given notice to the contractor terminating the agreement under this paragraph, the contractor is employed by the health service body from which the contractor was dismissed or by another health service body;

(d) the contractor has been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 151(2), (3) and (4) of the Act respectively) unless the contractor's name has subsequently been included in such a list;

(e) the contractor has been convicted in the United Kingdom of murder;

(f) the contractor has been convicted in the United Kingdom of a criminal offence other than murder and has been sentenced to a term of imprisonment of longer than six months;

(g) subject to sub-paragraph (7), the contractor has been convicted elsewhere of an offence which would, if committed in England and Wales constitute murder, and—

(i) the offence was committed on or after 14th December 2001, and

(ii) the contractor was sentenced to a term of imprisonment of longer than six months;

(h) the contractor has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons, with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1955 (offences against children under the age of 17 years to which special provisions apply);

(i) the contractor has at any time been included in—

(i) any barred list within the meaning of section 2 of the Safeguarding Vulnerable Groups Act 2006 (barred lists), or

(ii) any barred list within the meaning of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (barred lists),

unless the contractor was removed from the list either on the grounds that it was not appropriate for the contractor to have been included in it or as the result of a successful appeal;

(j) the contractor has within the period of 5 years before the signing of the agreement, been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission, the Charity Commission for Northern Ireland or the High Court, and that order was made on the grounds of misconduct or mismanagement in the administration of a charity for which the contractor was responsible or to which the contractor was privy, or which was contributed to, or facilitated by, the contractor's conduct;

(k) the contractor has, within the period of five years before the signing of the agreement or the commencement of the agreement, whichever is the earlier, been removed from being concerned with the management or control of any body in any case where removal was by virtue of section 34(5)(e) of the Charities and Trustees Investment (Scotland) Act 2005 (powers of Court of Session);

(l) the contractor—

(i) has been made bankrupt and has not been discharged from the bankruptcy or the bankruptcy order has not been annulled, or

(ii) has had sequestration of the contractor's estate awarded and has not been discharged from the sequestration;

(m) the contractor is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (bankruptcy restrictions order and undertaking) or in Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (bankruptcy restrictions order and undertaking), or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (bankruptcy restrictions order, interim bankruptcy restrictions order and bankruptcy restrictions undertaking) unless the contractor has been discharged from that order or that order has been annulled;

(n) the contractor—

(i) is subject to a moratorium period under a debt relief order under Part VIIA of the Insolvency Act 1986 (debt relief orders) applies, or

(ii) is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to that Act (debt relief restrictions order and undertaking);

(o) the contractor has made a composition agreement or arrangement with, or a trust deed has been granted for, the contractor's creditors and the contractor has not been discharged in respect of it;

(p) the contractor is a company which has been wound up under Part IV of the Insolvency Act 1986 (winding up of companies registered under the Companies Acts);

(q) an administrator, administrative receiver or receiver has been appointed in respect of the contractor;

(r) the contractor has had an administration order made in respect of the contractor under Schedule B1 to the Insolvency Act 1986 (administration);

(s) the contractor is subject to—

(i) a disqualification order under section 1 of the Company Directors Disqualification Act 1986 (disqualification orders: general) or a disqualification undertaking under Section 1A of that Act (disqualification undertakings: general), or

(ii) a disqualification order or disqualification undertaking under article 3 (disqualification orders: general) or article 4 (disqualification undertakings: general) of the Company Directors Disqualification (Northern Ireland) Order 2002 unless that order has ceased to have effect or has been annulled, or

(iii) a disqualification order under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of an administration order against an individual); ...

(t) the contractor has refused to comply with a request made by NHS England for the contractor to be medically examined because NHS England is concerned that the contractor is incapable of adequately providing services under the agreement; or

(u) the contractor’s registration with the Care Quality Commission has been cancelled in accordance with section 17(1) of the Health and Social Care Act 2008, and that cancellation is the final decision of the Commission, or, where an appeal has been launched, is the outcome of that appeal.

(5) NHS England may not terminate the agreement in accordance with sub-paragraph (4)(b) where NHS England is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the contractor unsuitable to be—

(a) a party to the agreement; or

(b) in the case of an agreement with a qualifying body—

(i) a person both legally and beneficially owning a share in the qualifying body, or

(ii) a director or secretary of the qualifying body,

as the case may be.

(6) NHS England may not terminate the agreement in accordance with sub-paragraph (4)(c)—

(a) until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

(b) if, during the period specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of the dismissal, until proceedings before that tribunal or court are concluded,

and NHS England may only terminate the agreement at the end of the period specified in paragraph (b) if there is no finding of unfair dismissal at the end of those proceedings.

(7) NHS England must not terminate the agreement in accordance with sub-paragraph (4)(g) or, as the case may be (4)(h), where NHS England is satisfied that the conviction does not make the person unsuitable to be—

(a) a party to the agreement; or

(b) in the case of a qualifying body—

(i) a person both legally and beneficially owning a share in the qualifying body, or

(ii) a director or secretary of the qualifying body,

as the case may be.

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

59

NHS England may give notice in writing to the contractor terminating the agreement with immediate effect from such date as may be specified in the notice if—

(a) the contractor has breached a term of the agreement and, as a result of that breach, the safety of the contractor's patients is at serious risk if the agreement is not terminated; or

(b) NHS England considers that contractor's financial situation is such that NHS England would be at risk of material financial loss.

Termination by NHS England for unlawful sub-contracting

60

(1) This paragraph applies if the contractor breaches the condition specified in paragraph 43(5) relating to the sub-contracting of clinical services under the agreement and it comes to the attention of NHS England that the contractor has done so.

(2) Where this paragraph applies, NHS England must give notice in writing to the contractor—

(a) terminating the agreement with immediate effect; or

(b) instructing the contractor to terminate with immediate effect the sub-contracting arrangements that give rise to the breach, and, if the contractor fails to comply with the instruction, NHS England must give notice in writing to the contractor terminating the agreement with immediate effect.

Termination by NHS England: remedial notices and breach notices

61

(1) Where the contractor's breach of the agreement is not one to which paragraphs 57 to 60 apply and that breach is capable of remedy, NHS England must, before taking any action it is otherwise entitled to take by virtue of the agreement, give notice in writing to the contractor requiring it to remedy the breach (a “remedial notice”).

(2) A remedial notice must specify—

(a) details of the breach;

(b) the steps that the contractor must take to the satisfaction of NHS England in order to remedy the breach; and

(3) The notice period must not be less than a period of 28 days beginning with the date on which the notice is given unless NHS England is satisfied that a shorter period is necessary to protect—

(a) the safety of the contractor's patients; or

(b) itself from material financial loss.

(4) Where NHS England is satisfied that the contractor has not taken the required steps to remedy the breach by the end of the notice period, NHS England may give a further notice in writing to the contractor terminating the agreement with effect from such date as NHS England specifies in the notice.

(5) Where the contractor's breach of the agreement is not one to which any of paragraphs 57 to 60 apply, and the breach is not capable of remedy, NHS England may give notice in writing to the contractor requiring the contractor not to repeat the breach (a “breach notice”).

(6) If, following a breach notice or a remedial notice, the contractor—

(a) repeats the breach that was the subject of the breach notice or the remedial notice; or

(b) otherwise breaches the agreement resulting in either a remedial notice or a further breach notice,

NHS England may give notice in writing to the contractor terminating the agreement with effect from such date as NHS England specifies in the notice.

(7) NHS England may not exercise its right to terminate the agreement under sub-paragraph (6) unless NHS England is satisfied that the cumulative effect of the breaches is such to allow the agreement to continue would prejudice the efficiency of the services to be provided under the agreement.

(8) If the contractor is in breach of any obligation under the agreement and a breach notice and a remedial notice in respect of that default giving rise to the breach has been given to the contractor, NHS England may withhold or deduct monies which would otherwise be payable under the agreement in respect of the obligation which is the subject matter of the default.

Termination by NHS England: additional provisions specific to agreements with qualifying bodies

62

If NHS England becomes aware that a contractor which is a qualifying body is carrying on any business which NHS England considers to be detrimental to the contractor's performance of its obligations under the agreement—

(a) NHS England may give notice in writing to the contractor requiring it to cease carrying on that business before the end of a period of not less than 28 days beginning with the date on which the notice is given (“the notice period”); and

(b) if the contractor has not satisfied NHS England that it has ceased carrying on that business by the end of the notice period, NHS England may give a further notice in writing to the contractor terminating the agreement with immediate effect or from such date as is specified in the notice.

Agreement sanctions

63

(1) In this paragraph and in paragraph 64, “agreement sanction” means—

(a) termination of specified reciprocal obligations under the agreement;

(b) suspension of specified reciprocal obligations under the agreement for a period of up to six months; or

(2) Where NHS England is entitled to terminate the agreement in accordance with paragraph 57, 58, 59, 61(4) or (6) or 62, it may instead impose any of the agreement sanctions if NHS England is reasonably satisfied that the agreement sanction to be imposed is appropriate and proportionate to the circumstances giving rise to NHS England’s entitlement to terminate the agreement.

(3) If NHS England decides to impose an agreement sanction, NHS England must—

(a) give notice in writing to the contractor of the agreement sanction that it proposes to impose and the date upon which that sanction is to be imposed; and

(b) include in the notice an explanation of the effect of the imposition of the sanction.

(4) Subject to paragraph 64, NHS England may not impose the agreement sanction until the end of a period of at least 28 days beginning with the date on which NHS England gives notice to the contractor under to sub-paragraph (3) unless NHS England is satisfied that it is necessary to do so in order to protect—

(a) the safety of the contractor's patients; or

(b) itself from material financial loss.

(5) Where NHS England imposes an agreement sanction, NHS England may charge the contractor the reasonable costs of any additional administration that NHS England has incurred in order to impose, or as a result of imposing, the agreement sanction.

Agreement sanctions and the NHS dispute resolution procedure

64

(1) If there is a dispute between NHS England and the contractor in relation to an agreement sanction that NHS England is proposing to impose, NHS England may not, subject to sub-paragraph (4), impose the agreement sanction except in the circumstances specified in sub-paragraphs (2) and (3).

(2) The circumstances specified in this sub-paragraph are if the contractor—

(a) refers the dispute relating to the agreement sanction to the NHS dispute resolution procedure before the end of the period of 28 days beginning with the date on which the contractor was given notice by NHS England in accordance with paragraph 60(4) (or such longer period as may be agreed in writing with NHS England); and

(b) gives notice in writing to NHS England that it has done so.

(3) Where the circumstances specified in sub-paragraph (2) apply, NHS England may not impose the agreement sanction unless—

(a) there has been a final determination of the dispute in accordance with regulation 77 (or by a court) and that determination permits NHS England to impose the agreement sanction; or

(b) the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(4) If the contractor does not invoke the NHS dispute resolution procedure before the end of the period specified in sub-paragraph (2)(a), NHS England may impose the agreement sanction with immediate effect.

(5) If NHS England is satisfied that it is necessary to impose the agreement sanction before the NHS dispute resolution procedure is concluded in order to protect—

(a) the safety of the contractor's patients; or

(b) itself from material financial loss,

NHS England may impose the agreement sanction with immediate effect, pending the outcome of that procedure (or any court proceedings).

Termination and the NHS dispute resolution procedure

65

(1) Where NHS England is entitled to give notice in writing to the contractor terminating the agreement in accordance with paragraph 57, 58, 59, 61(4) or (6) or 62, NHS England must, in the notice given to the contractor under those provisions, specify a date on which the agreement is to terminate that is at least 28 days after the date on which NHS England gives notice to the contractor unless sub-paragraph (2) applies.

(2) This sub-paragraph applies if NHS England is satisfied that a period of less than 28 days is necessary in order to protect—

(a) the safety of the contractor's patients; or

(b) itself from material financial loss.

(3) Where—

(a) sub-paragraph (1) applies but the exceptions in sub-paragraph (2) do not apply; and

(b) the contractor invokes the NHS dispute resolution procedure before the end of the notice period referred to in sub-paragraph (1) and gives notice in writing to NHS England that it has done so,

the agreement does not terminate at the end of the notice period but instead only terminates in the circumstances described in sub-paragraph (4).

(4) The circumstances described in this sub-paragraph for the termination of the agreement are if and when—

(a) there has been a final determination of the dispute under the NHS dispute resolution procedure (or by a court) and that determination permits NHS England to terminate the agreement; or

(b) the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(5) If NHS England is satisfied that it is necessary to terminate the agreement before the NHS dispute resolution procedure (or any court proceedings) is concluded in order to protect—

(a) the safety of the contractor's patients; or

(b) itself from material financial loss,

sub-paragraphs (3) and (4) do not apply and NHS England may confirm, by giving notice in writing to the contractor, that the agreement will nevertheless terminate at the end of the period of the notice given under paragraph 57, 58, 59, 61(4) or (6) or 62.

SCHEDULE 2A — Suspension and reactivation of personal medical services agreements

Interpretation

1

In this Schedule—

“integrated care provider” means a person, other than a person specified in paragraph 3(3), who is party to an integrated care provider contract;

“integrated care provider contract” has the meaning given in paragraph 3.

Right to suspend a personal medical services agreement

2

(1) Where a contractor wishes to perform or provide primary medical services under an integrated care provider contract, the contractor must give notice in writing to NHS England of that intention in accordance with paragraph 4 and NHS England must agree to suspend the operation of the contractor’s agreement in accordance with the requirements of, and subject to the conditions set out in, this Schedule.

(2) NHS England must not suspend the contractor’s agreement until—

(a) the contractor has informed NHS England of the date on which the contractor intends to begin performing or, as the case may be, providing primary medical services under an integrated care provider contract; and

(b) NHS England has given notice in writing to each person on the contractor’s list of registered patients that—

(i) the contractor intends to perform or, as the case may be, provide primary medical services under an integrated care provider contract with effect from that date, and

(ii) the person will be transferred on to the list of registered service users of the integrated care provider on that date unless the person decides to register with another provider of primary medical services before that date.

(3) Where NHS England suspends the operation of a contractor’s agreement under sub-paragraph (1), the contractor is released from any obligation to provide primary medical services under that agreement to the contractor’s list of registered patients from the date on which that suspension takes effect.

Integrated care provider contracts

3

(1) For the purposes of this Schedule, an “integrated care provider contract” is a contract entered into on or after 1st April 2019 which satisfies the following sub-paragraphs.

(2) An integrated care provider contract must be between—

(a) one or more of the persons specified in sub-paragraph (3); and

(b) a person who is a provider of services specified in sub-paragraph (5).

(3) The persons specified in this sub-paragraph are—

(a) NHS England;

(b) one or more integrated care boards; or

(4) An integrated care provider contract must—

(a) relate to the provision of two or more of the services specified in sub-paragraph (5); and

(b) not be a contract to which sub-paragraph (6) applies.

(5) The services specified in this sub-paragraph are—

(a) primary medical services;

(b) secondary care services;

(d) adult social care services,

and include such services where they are provided under arrangements entered into by an NHS body or a local authority in England by virtue of section 75 of the Act.

(6) This sub-paragraph applies to a contract for the provision of primary medical services to which directions given by the Secretary of State under section 98A of the Act (exercise of functions) relating to the provision of alternative provider medical services under section 83(2) of the Act apply.

(7) In this paragraph—

“adult social care services” means services provided pursuant to the exercise of the adult social services functions of a local authority in England;

“adult social services functions” means social services functions within the meaning of section 1A of the Local Authority and Social Services Act 1970 so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies;

“primary medical services” means services which NHS England considers it appropriate to secure the provision of under section 83(2) of the 2006 Act (primary medical services);

“public health functions” means—the public health functions of the Secretary of State under the following provisions of the Act—section 2A (Secretary of State’s duty as to protection of public health);section 2B (functions of local authorities and Secretary of State as to improvement of public health); orparagraphs 8 and 12 of Schedule 1 (further provision about the Secretary of State and services under the Act);the public health functions of a local authority in England under the following provisions of the Act, and any regulations made under these provisions—section 2B (functions of local authorities and Secretary of State as to improvement of public health);section 111 (dental public health); orparagraphs 1 to 7B or 13 of Schedule 1 (further provision about the Secretary of State and services under this Act);the public health functions of the Secretary of State that a local authority in England is required to exercise by virtue of regulations made under section 6C(1) (regulations as to the exercise by local authorities of certain public health functions) of the Act; orthe public health functions of the Secretary of State where they are exercised by NHS England, an integrated care board or a local authority in England where those bodies are acting pursuant to arrangements made under section 7A (exercise of the Secretary of State’s public health functions) or 7B (directions requiring NHS bodies to exercise public health functions) of the Act;

“public health services” are services which are provided pursuant to the exercise of public health functions;

“secondary care services” means—such services, accommodation or facilities as an integrated care board considers it appropriate to make arrangements for the provision of under or by virtue of section 3 (duties of integrated care boards as to commissioning of health services) or 3A (power of integrated care boards to commission certain health services) of the Act; orsuch services or facilities as NHS England is required by the Secretary of State to arrange by virtue of regulations made under section 3B (power to require NHS England to commission certain health services) of the Act.

(8) For the purposes of this paragraph, any of the following is a local authority in England—

(a) a county council;

(b) a county borough council;

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly.

Notice of intention to suspend a personal medical services agreement

4

A notice under paragraph 2(1) must—

(a) state that the contractor wishes to suspend the agreement and specify the date on which the contractor would like the proposed suspension to take effect which must be a date which—

(i) falls at least one month after the date on which the notice was given, and

(ii) immediately precedes the date on which the contractor intends to begin performing or, as the case may be, providing primary medical services under the relevant integrated care provider contract;

(b) give the name of each person who is a party to the agreement who intends to perform or, as the case may be, provide primary medical services under an integrated care provider contract; and

Suspension of a personal medical services agreement: general

5

(1) Subject to sub-paragraph (2), the suspension of an agreement is effective for a minimum period of two years beginning with the date on which that suspension takes effect which must be—

(a) the date specified in the notice given under paragraph 2(1); or

(b) such later date as NHS England may approve in the circumstances of a particular case.

(2) The suspension of an agreement is effective for a period of less than two years beginning with the date on which that suspension takes effect under sub-paragraph (1) only in a case where the relevant integrated care provider contract terminates or expires or is varied as described in paragraph 9(1) before the end of that period.

(3) Where NHS England suspends an agreement, the contractor may not receive payments from NHS England in respect of any period during which that agreement is suspended.

(4) NHS England must, before the end of the period of—

(a) three months beginning with the date on which the suspension of the agreement takes effect; or

(b) such longer period as may be agreed between NHS England and the contractor in the circumstances of a particular case,

pay the contractor any outstanding payments owed to the contractor in respect of the provision of primary medical services by the contractor under the agreement in accordance with the payment terms of that agreement.

(5) A contractor may not exercise the right to a general medical services contract which exists under regulation 32 in relation to a suspended agreement during any period in respect of which that agreement is suspended.

Notice of intention to reactivate a personal medical services agreement

6

(1) A notice under paragraph 7(1) must be given to NHS England by the contractor at least six months before the date on which the proposed reactivation of the agreement is to take effect.

(2) A notice under paragraph 7(1) must—

(a) state that the contractor wishes to reactivate the agreement and specify the date on which the contractor would like the proposed reactivation to take effect which must be a date which—

(i) falls at least six months after the date on which the notice was given, and

(ii) immediately follows the date on which the contractor intends to cease performing or, as the case may be, providing primary medical services under the relevant integrated care provider contract;

(b) give the name of each person who is a party to the agreement who intends to resume the provision of primary medical services under the agreement;

(d) if the contractor wishes to reactivate the agreement as a general medical services contract, state that this is the case and confirm that the parties to the agreement have agreed, as appropriate, to the reactivation of the agreement as a general medical services contract.

Right to reactivate a personal medical services agreement

7

(1) NHS England must reactivate an agreement under this paragraph where the contractor has given notice in writing to NHS England in accordance with paragraph 6 of the intention to reactivate the agreement in accordance with, and subject to the conditions set out in, this Schedule.

(2) NHS England must only reactivate an agreement under this paragraph with effect from—

(a) the date which falls on the second anniversary of the date on which the suspension of that agreement took effect; or

(b) subsequently, on a date which falls every two years after the date specified in paragraph (a) during the duration of the integrated care provider contract.

(3) NHS England must not reactivate an agreement which is of time limited duration where that agreement is to cease to have effect on a date which falls earlier than any of the dates specified in sub-paragraph (2)(a) or (b).

(4) Subject to paragraph 8(7), NHS England may reactivate a suspended agreement as a general medical services contract where, in respect of that agreement, the right to a general medical services contract under regulation 32 exists.

Reactivation of a personal medical services agreement: general

8

(1) The reactivation of an agreement is effective on the date which falls immediately after the date on which the contractor ceases performing or, as the case may be, providing primary medical services under an integrated care provider contract which must be—

(a) the date specified in the notice given under paragraph 7(1); or

(b) such later date as NHS England may approve in the circumstances of a particular case.

(2) NHS England must not reactivate an agreement unless the conditions specified in sub-paragraph (3) are met.

(3) The conditions specified in this sub-paragraph are that—

(a) the contractor remains eligible to hold an agreement in accordance with the conditions set out in regulation 5 at the date on which the reactivation of the agreement is to take effect; and

(b) NHS England is satisfied that, during the period in which the contractor’s agreement was suspended, the contractor has not acted or failed to act in a manner that gives rise to NHS England’s right to terminate the agreement under any of the provisions of Part 8 of Schedule 2.

(4) Where the reactivation of the contractor’s agreement is intended to take effect on the second anniversary of the date on which the suspension of that agreement took effect, NHS England must notify in writing each person who resides in the contractor’s former practice area and who was on the list of registered service users of the integrated care provider that—

(a) the contractor intends to resume the provision of primary medical services under the agreement in respect of people who reside in the contractor’s former practice area from the date specified in the notice; and

(b) if the person was on the contractor’s list of registered patients immediately prior to the date on which the suspension of the contractor’s agreement took effect, the person will transfer onto the contractor’s list of registered patients from the date specified in the notice unless the person decides to remain registered with the integrated care provider or registers with another provider of primary medical services before that date.

(5) Where the reactivation of the contractor’s agreement is intended to take effect after the second anniversary of the date on which the suspension of that agreement took effect, NHS England must notify in writing each person who resides in the contractor’s former practice area and who was on the list of registered service users of the integrated care provider that—

(a) the contractor intends to resume the provision of primary medical services under the agreement in respect of people who reside in the contractor’s former practice area from the date specified in the notice; and

(b) the person will remain on the list of registered service users of the integrated care provider from the date specified in the notice unless the person decides to register with the contractor or with another provider of primary medical services before that date.

(6) Where a suspended agreement is reactivated by NHS England, the terms of that agreement which are to apply are those terms which are effective at the date on which the reactivation takes effect, subject to any variation of those terms which may be agreed between the contractor and NHS England, including in respect of the right to a general medical services contract under regulation 32.

(7) NHS England must not reactivate a suspended agreement as a general medical services contract unless—

(a) the parties to that agreement have agreed, as appropriate, to the reactivation of that agreement as a general medical services contract; and

(b) NHS England is satisfied that—

(i) during the period in which the contractor’s agreement was suspended, the contractor has not acted or failed to act in a manner that gives rise to NHS England’s right to terminate the agreement under any of the provisions of Part 8 of Schedule 2; and

(ii) the parties to that agreement are eligible to hold a general medical services contract in accordance with the conditions set out in regulations 5 and 6 of the General Medical Services Contracts Regulations at the date on which the reactivation of the agreement as a general medical services contract is to take effect.

Termination, expiry or variation of an integrated care provider contract

9

(1) Where, at any time, an integrated care provider contract terminates or expires or is varied so that it no longer requires the integrated care provider to provide primary medical services to people who reside in a contractor’s former practice area—

(a) NHS England must, subject to the conditions specified in paragraph 8(3), reactivate the contractor’s agreement with effect from the date which falls immediately after the date on which the integrated care provider contract terminated or, as the case may be, expired or was varied; and

(b) the contractor must, with effect from that date, resume the provision of primary medical services under the agreement to people who reside in the contractor’s former practice area.

(2) Where an integrated care provider contract terminates or expires or is varied as described in sub-paragraph (1), NHS England must notify in writing each person who resides in the contractor’s former practice area and who was on the list of registered service users of the integrated care provider immediately before the date on which the integrated care provider contract terminated or, as the case may be, expired or was varied that—

(a) the contractor has resumed providing primary medical services under the agreement from a specified date in respect of people who reside in the contractor’s former practice area; and

(b) the person will transfer onto the contractor’s list of registered patients from the date specified unless the person decides to register with another provider of primary medical services before that date.

SCHEDULE 3 — Consequential amendments

Amendment of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004

1

In regulation 2 of the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004 (interpretation), for the definition of “PMS Agreements Regulations” substitute—

“PMS Agreements Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2015;

2

In regulation 2 of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (interpretation), for paragraph (b)(ii) of the definition of “relevant complaints procedure” substitute—

(ii) regulation 76 of the National Health Service (Personal Medical Services Agreements) Regulations 2015;

Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

3

In regulation 2 of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010 (interpretation), for the definition of “PMS Agreements Regulations” substitute—

“PMS Agreements Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2015;

Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

4

In regulation 2 of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (interpretation), for the definition of “PMS Regulations” substitute—

“PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2015;

Amendment of the National Health Service ( Clinical Commissioning Groups – Disapplication of Responsibility) Regulations 2013

5

In regulation 2 of the National Health Service (Clinical Commissioning Groups – Disapplication of Responsibility Regulations 2013 (persons for whom an integrated care board does not have responsibility in relation to its duty to commission services), in paragraph (4)(a), for “paragraph 15 of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004” substitute “ paragraph 19 of Schedule 2 to the National Health Service (Personal Medical Services Agreements) Regulations 2015 ”.

Amendment to the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013

6

In regulation 11 of the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 (patient choice: primary medical services), for paragraph (2)(b) substitute—

(a) Part 2 of Schedule 2 to the National Health Service (Personal Medical Services Agreements) Regulations 2015 (other contractual terms - patients: general),

Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2015

7

In regulation 2 of the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (interpretation), for “the National Health Service (Personal Medical Services Agreements) Regulations 2004” in the definition of “PMS contractor” substitute “the National Health Service (Personal Medical Services Agreements) Regulations 2015”.

SCHEDULE 4 — Revocations

1

The enactments specified in column 1 of the Table to this Schedule are revoked to the extent specified in column 2 of that Table.

Signed

Signed on behalf of the Secretary of State for Health.

Alistair Burt — Minister of State, — 2015-11-06

Editorial notes

[^c22689221]: 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”.

[^c22689231]: S.I. 2004/627; as amended by S.I. 2004/906 and 2694, S.I. 2005/893, 3315 and 3491, S.I. 2006/1501, S.I. 2007/3491, S.I. 2008/1700, S.I. 2009/309, 2205 and 2230, S.I. 2010/22, 231|, 234, 578 and 1621, S.I. 2012/970, 1479, 190, 1916 and 2404, S.I. 2013/363, S.I.2014/465, 1887 and 2721 and S.I. 2015/196 and 915. S.I. 2004/627 is revoked by regulation 90 of, and Schedule 4 to, these Regulations.

[^c22689241]: Section 9 of 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).

[^c22689251]: Section 92 was amended by paragraph 36 of Schedule 4 to the 2012 Act.

[^c22689261]: Section 126 was amended by sections 213(7)(k) and 220(7) of, and paragraph 63 of Schedule 4 to, the 2012 Act.

[^c22689271]: 2006 c.52; a relevant amendment to section 374 was made by section 44(3) and (4) of the Defence Reform Act 2014 (c.20).

[^c22689281]: 1971 c.80.

[^c22689331]: 1968 c.67. Section 69 was amended by S.I. 2007/289 and 3101 and S.I. 2010/231.

[^c22689341]: Section 129 was amended by sections 26 and 27 of, and paragraph 38 of and Schedule 6 to, the Health Act 2009 (c.21); section 207(1) to (9) of, and paragraph 66 of Schedule 4 to, the 2012 Act; section 115 of, and Schedule 9 to, the Protection of Freedoms Act 2012 (c.9) and by S.I. 2010/231.

[^c22689351]: S.I. 2002/254; as amended by section 127 of the Health and Social Care Act 2008 (c.14), section 81(5) of the Policing and Crime Act 2009 (c.26), sections 213, 214(2) to (4), 215, 216, 218 and 219 of the Health and Social Care Act 2012, section 5(2) of, and paragraph 6 of the Schedule to, the Health and Social Care (Safety and Quality) Act 2015 (c.28), and by S.I. 2003/3148, S.I. 2004/1947 and 2033, S.I. 2007/3101, S.I. 2009/1182, S.I. 2010/233, S.I. 2011/1043, S.I. 2012/1479 and 2672 and S.I. 2014/1887.

[^c22689361]: 2006 c.41. Section 126 was amended by paragraph 63 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). Section 132 was amended by paragraph 69 of Schedule 4 to the 2012 Act, paragraphs 120 and 122 of Schedule 9 to the Protection of Freedoms Act 2012 (c.9), and by S.I. 2008/289 and S.I. 2010/22 and 231.

[^c22689371]: Section 127 was amended by paragraph 64 of Schedule 4 to the 2012 Act. See also regulation 89(1) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349) in relation to the publication known as the Drug Tariff.

[^c22689381]: 2000 c.7. Section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c.21).

[^c22689401]: 1983 c.54. Section 2 was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2007/3101, S.I. 2008/1774 and S.I. 2014/1101.

[^c22689421]: 1983 c.54. Section 34I was inserted by S.I. 2010/234.

[^c22689431]: S.I. 1972/1265 (N.I.14). Article 16 was repealed by the Health and Social Care (Reform) Act 2009 (c.1) (N. I.), paragraph 6 of Schedule 3 and Schedule 7.

[^c22689441]: S.I. 1991/194 (N.I.1); as amended by section 11 of, and paragraph 13 of Schedule 6 to, the Health and Social Care Reform Act (Northern Ireland) 2009 and by S.I. 1997/1177.

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