The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021

(15A) (1) Subject to paragraph (6), a contract must contain a term which requires the contractor to respond to a valid exemption confirmation request. (2) An exemption confirmation request— (a) is a request to confirm whether a relevant patient (“P”), for clinical reasons— (i) should neither be tested for coronavirus nor vaccinated with an authorised vaccine, or (ii) should not be vaccinated with an authorised vaccine, and (b) is valid if it is made in accordance with the process approved by the Secretary of State[^f00038]. (3) An exemption confirmation request may be made by— (a) P, or (b) where P is a person to whom paragraph (4) applies, an appropriate person acting on behalf of P. (4) This paragraph applies to a person if they— (a) are a child, or (b) lack the capacity to make a request under paragraph (1). (5) The contractor must respond to a valid exemption confirmation request— (a) free of charge to P or the appropriate person, and (b) by recording its response on an information hub using a method approved by the Secretary of State. (6) A contractor is not required to respond to a valid exemption confirmation request if— (a) for the medical condition which may mean that P should neither be tested for coronavirus nor vaccinated with an authorised vaccine, or should not be vaccinated with an authorised vaccine, P is being attended by a medical practitioner who is not— (i) engaged or employed by the contractor, (ii) in the case of a contract with two or more persons practising in partnership, one of those persons, or (iii) in the case of a contract with a company limited by shares, one of the persons legally or beneficially owning shares in that company, and (b) that medical condition is not one to which paragraph (7) applies. (7) This paragraph applies to a medical condition if no person with that condition should be— (a) tested for coronavirus or vaccinated with an authorised vaccine, or (b) vaccinated with an authorised vaccine. (8) In this regulation— - “authorised vaccine” means a medicinal product— authorised for supply in the United Kingdom in accordance with a marketing authorisation, or authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc), for vaccination against coronavirus; - “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); - “licensing authority”, “marketing authorisation” and “medicinal product” have the meanings given in the Human Medicines Regulations 2012 (see regulations 6, 8 and 2, respectively, of those Regulations); - “relevant patient” means— a registered patient, or a temporary resident.

PART 6 — Transfer of patient records

Transfer of patient records: time limits

13

After regulation 62, insert—

(62A) (1) This regulation applies where— (a) a patient on a contractor’s list of patients has registered with another provider of primary medical services, and (b) the contractor receives a request from that provider for the complete records relating to that patient. (2) The contractor must, before the end of the period of 28 days beginning with the day on which it receives the request from the provider— (a) send the complete records (other than any part of the records held only in paper form) to the provider via the GP2GP facility in accordance with regulation 62, and (b) send to the Board in accordance with regulation 60(6A), the complete records, or any part of the records— (i) for which the contractor does not receive a confirmation, or (ii) held only in paper form. (3) In this regulation— - “confirmation”, in relation to records sent via the GP2GP facility, means confirmation of safe and effective transfer via that facility; - “GP2P facility” has the same meaning as in paragraph (2) of regulation 62.

Signed

Jo Churchill — Parliamentary Under Secretary of State — Department of Health and Social Care — At 8.30 a.m. on 7th September 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862) (“the GMS Regulations”) and the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879) (“the PMS Regulations”), which respectively make provision in respect of services provided under a general medical services contract and a personal medical services agreement pursuant to Part 4 of the National Health Service Act 2006 (c. 41). They apply in relation to England only.

The GMS Regulations and the PMS Regulations are amended so that such a contract or an agreement must contain a term requiring certain persons (medical practitioners and other individuals providing services pursuant to or in support of the contract or agreement) to disclose certain information to the Health and Social Care Information Centre (commonly known as NHS Digital) at a specified time if their annual earnings exceed a specified threshold. The Regulations also prescribe how those earnings are to be calculated. Similar provision is also required to be included in certain sub-contracts. (See Part 1 of Schedule 1 and Part 1 of Schedule 2.)

The GMS Regulations and the PMS Regulations are also amended—

• (a) to make provision for certain Crown servants who are posted overseas who are returning to the United Kingdom from their posting, and certain of their family members, to make an application to re-register with their GP practice either prior to their return or within three months of their return, or to make an advance application to register with a new GP practice (Part 2 of Schedule 1 and Part 2 of Schedule 2),

• (b) to make provision for certain Crown servants who are posted overseas, and certain of their family members, who are returning to the United Kingdom for no more than three months to make an advance application to register as a temporary resident with a GP practice whilst they are in the United Kingdom (Part 2 of Schedule 1 and Part 2 of Schedule 2),

• (c) to remove the patient consent requirement in relation to electronic repeat dispensing (Part 3 of Schedule 1 and Part 3 of Schedule 2),

• (d) to require contractors to have a secure method for communicating electronically with their patients, to put in place an online consultation tool for use by their patients, to put in place a video conferencing facility and to provide an electronic facility for patients to notify them of a change to their personal details (Part 4 of Schedule 1 and Part 4 of Schedule 2),

• (e) to require contractors to provide certificates of exemption from any requirement to be tested for, or vaccinated against, coronavirus to patients free of charge (Part 5 of Schedule 1 and Part 5 of Schedule 2), and

• (f) where a patient registers with a new practice, to require that the patient’s medical records are sent to the new practice within 28 days of the records being requested (Part 6 of Schedule 1 and Part 6 of Schedule 2).

Consequential and other minor amendments are also made to the GMS Regulations and the PMS Regulations. Minor amendments are also made to the GMS Regulations to correct drafting errors reported by the Joint Committee on Statutory Instruments in their Second Report of the 2021-22 Session (Part 6 of Schedule 1). Regulation 3 makes related transitional provision.

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

Footnotes

[^f00001]: 2006 c. 41. Section 94 was amended by section 28 of, and paragraph 38 of Schedule 4 to, the Health and Social Care Act 2012 (c. 7) and by paragraph 52 of Schedule 9 to the Crime and Courts Act 2013 (c. 22). There are amendments to sections 89 and 272 but none is relevant to these Regulations. “Prescribed” and “regulations” are defined in section 275 of the National Health Service Act 2006.

[^f00002]: S.I. 2015/1862.

[^f00003]: S.I. 2015/1879.

[^f00004]: The Health and Social Care Information Centre (known as NHS Digital) is a body corporate established under section 252(1) of the Health and Social Care Act 2012. The information must be submitted to NHS Digital through its Strategic Data Collection Service, available at https://datacollection.sdcs.digital.nhs.uk .

[^f00005]: “Financial year” is defined in section 275(1) of the National Health Service Act 2006.

[^f00006]: S.I. 2015/94.

[^f00007]: S.I. 2015/94.

[^f00008]: Regulation 3 was amended by S.I. 2021/331. There are other amending instruments but none is relevant.

[^f00009]: There are amendments to regulation 17 but none is relevant.

[^f00010]: There are amendments to Schedule 3 but none is relevant.

[^f00011]: 2010 c. 15.

[^f00012]: Regulation 67A was inserted by S.I. 2020/1415.

[^f00013]: Regulation 60A was inserted by S.I. 2019/1137 and amended by S.I. 2020/226.

[^f00014]: Regulation 68(2) was amended by S.I. 2020/1415.

[^f00015]: Regulation 71ZB was inserted by S.I. 2020/226.

[^f00016]: The current version of the document is titled “Securing Excellence in Primary Care (GP) Digital Services: The Primary Care (GP) Digital Services Operating Model 2019-21” and is available at: https://www.england.nhs.uk/publication/securing-excellence-in-primary-care-gp-digital-services-the-primary-care-gp-digital-services-operating-model-2019-21/ . The document can be obtained in alternative formats by telephone (on 0300 311 22 33), by email (England.contactus@nhs.net) or by writing to NHS England and NHS Improvement, PO Box 16738, Redditch, B97 9PT.

[^f00017]: Regulation 74H was inserted by S.I. 2020/911.

[^f00018]: Regulation 71(8) was amended by S.I. 2020/226.

[^f00019]: Regulation 73 was substituted by S.I. 2020/226.

[^f00020]: The symptom checker is currently available at: https://www.nhs.uk/conditions/

[^f00021]: Full details of the process will be made available on www.gov.uk before 1st October 2021.

[^f00022]: The Health and Social Care Information Centre (known as NHS Digital) is a body corporate established under section 252(1) of the Health and Social Care Act 2012. The information must be submitted to NHS Digital through its Strategic Data Collection Service, available at https://datacollection.sdcs.digital.nhs.uk .

[^f00023]: “Financial year” is defined in section 275(1) of the National Health Service Act 2006.

[^f00024]: S.I. 2015/94.

[^f00025]: S.I. 2015/94.

[^f00026]: There are amendments to regulation 3 but none is relevant.

[^f00027]: There are amendments to Schedule 2 but none is relevant.

[^f00028]: 2010 c. 15.

[^f00029]: Regulation 60A was inserted by S.I. 2020/1415.

[^f00030]: Regulation 53A was inserted by S.I. 2019/1137 and amended by S.I. 2020/226.

[^f00031]: Regulation 61(2) was amended by S.I. 2020/1415.

[^f00032]: Regulation 64ZB was inserted by S.I. 2020/226.

[^f00033]: The current version of the document is titled “Securing Excellence in Primary Care (GP) Digital Services: The Primary Care (GP) Digital Services Operating Model 2019-21” and is available at: https://www.england.nhs.uk/publication/securing-excellence-in-primary-care-gp-digital-services-the-primary-care-gp-digital-services-operating-model-2019-21/ . The document can be obtained in alternative formats by telephone (on 0300 311 22 33), by email (England.contactus@nhs.net) or by writing to NHS England and NHS Improvement, PO Box 16738, Redditch, B97 9PT.

[^f00034]: Regulation 67H was inserted by S.I. 2020/911.

[^f00035]: Regulation 64(8) was amended by S.I. 2020/226.

[^f00036]: Regulation 66 was substituted by S.I. 2020/226.

[^f00037]: The symptom checker is currently available at: https://www.nhs.uk/conditions/

[^f00038]: Full details of the process will be made available on www.gov.uk before 1st October 2021.