S 2 NH Sta Pro Co 201 S E and ovid ntra 17/2 Eng ard der act ...
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Transcript of S 2 NH Sta Pro Co 201 S E and ovid ntra 17/2 Eng ard der act ...
S
2
NHStaProCo201
S Eandovidntra17/2
Engardder act201
gland Al
Met 8
ndlteredic
rnatcal
tiveSe
e ervic
cess
Classification: Official
2
NHS England INFORMATION READER BOX
DirectorateMedical Operations and Information Specialised CommissioningNursing Trans. & Corp. Ops. Commissioning StrategyFinance
Publications Gateway Reference: 07585
Document Purpose
Document Name
Author
Publication Date
Target Audience
Additional Circulation List
Description
Cross Reference
Action Required
Timing / Deadlines(if applicable)
NHS England Alternative Personal Medical Services Agreement 2017/17
Superseded Docs(if applicable)
Contact Details for further information
Document Status
https://www.england.nhs.uk/gp/gpfv/investment/gp-contract/2016-2017/
This is a controlled document. Whilst this document may be printed, the electronic version posted on the intranet is the controlled copy. Any printed copies of this document are not controlled. As a controlled document, this document should not be saved onto local or network drives but should always be accessed from the intranet.
Guidance
0
NHS England GP Contracts Team
Quarry House
Leeds
LS2 7UE
This document is a publication of a standard contract
N/A
NHS England
Jan 2018
CCG Accountable Officers, NHS England Regional Directors, NHS England Directors of Commissioning Operations, GPs
#VALUE!
N/A
N/A
Regions and contractors taking part should ensure they have read and understood the documents.
Classification: Official
3
NHS England Standard Alternative Provider Medical Services Contract 2017 Version number: 1 First published: January 2018 Prepared by: Bevan Brittan LLP on behalf of NHS England Classification: Official Gateway Reference Number: 07585 The NHS Commissioning Board (NHS CB) was established on 1 October 2012 as an executive non-departmental public body. Since 1 April 2013, the NHS Commissioning Board has used the name NHS England for operational purposes. Promoting equality and addressing health inequalities are at the heart of NHS England's values. Throughout the development of the policies and processes cited in this document, we have:
Given due regard to the need to eliminate discrimination , harassment and victimisation, to advance equality of opportunity, and to foster good relations between people who share a relevant protected characteristic (as cited under the Equality Act 2010) and those who do not share it;
Given regard to the need to reduce inequalities between patients in access to, and outcomes from, healthcare services and in securing that services are provided in an integrated way where this might reduce health inequalities.
Classification: Official
4
Contents 1 Status of Contract ........................................................................................... 9
2 Commencement and Duration of the Contract........................................... 10
3 Services and Attendance on Patients ......................................................... 10
4 Quality Standards ......................................................................................... 12
5 Level of Skill .................................................................................................. 12
6 Premises and Equipment ............................................................................. 12
7 Loaned Equipment ........................................................................................ 13
8 Telephone Services ...................................................................................... 13
9 Cost of Relevant Calls .................................................................................. 14
10 Clinical Reports & Co-operation .................................................................. 15
11 Storage of Vaccines ...................................................................................... 17
12 Infection Control ........................................................................................... 18
13 Persons who shall perform the Services .................................................... 18
14 Training .......................................................................................................... 22
15 Appraisal and Assessment .......................................................................... 24
16 Arrangements for GP Specialty Registrars ................................................ 24
17 Notification Requirements in Respect of Specified Prescribers .............. 25
18 Signing of Documents .................................................................................. 27
19 Prescribing .................................................................................................... 28
20 Electronic Prescriptions ............................................................................... 31
21 Nomination of Dispensers for the Purpose of Electronic
Prescriptions ................................................................................................. 33
22 Repeatable Prescribing Services ................................................................ 34
23 Repeatable Prescriptions ............................................................................. 36
24 Restrictions on Prescribing by Medical Practitioners ............................... 38
25 Restrictions on Prescribing by Supplementary Prescribers .................... 40
26 Arrangements for Supplementary Prescribers .......................................... 41
27 Conditions applying to Clause 26 ............................................................... 42
28 Bulk Prescribing ........................................................................................... 44
29 Excessive Prescribing .................................................................................. 45
30 Provision of Drugs, Medicines and Appliances for Immediate
Treatment or Personal Administration ........................................................ 46
NHS ENGLAND Standard Alternative Provider Medical Services Contract 2017/18
5
31 Patients .......................................................................................................... 46
Persons to whom Services are to be provided ................................................ 46
Patient Registration Area ................................................................................ 47
List of Patients ................................................................................................ 47
Application for inclusion in a List of Patients ................................................... 48
Temporary Residents ...................................................................................... 49
Refusal of applications for inclusion in the List of Patients or for
acceptance as a Temporary Resident ............................................................ 50
Patient preference of practitioner .................................................................... 51
Removals from the list at the request of the Patient ....................................... 51
Removals from the list at the request of the Contractor .................................. 52
Removal of violent Patients from the list ......................................................... 54
Removals from the list by the Commissioner .................................................. 56
Removals from list of patients who have moved ............................................. 56
Removal from the list of patients absent from the United Kingdom etc ........... 57
Removal from the List of Patients accepted elsewhere as Temporary
Residents ........................................................................................................ 58
Removal from a list of pupils at a school etc ................................................... 59
Termination of responsibility for Patients not registered with the Contractor .. 59
Application for Closure of Lists of Patients ...................................................... 61
Approval of Application to Close the Contractor’s List of Patients .................. 64
Rejection of an Application to Close the Contractor’s List of Patients ............. 65
Application for an Extension of a closure period ............................................. 66
Re-opening of List of Patients ......................................................................... 69
Assignment of patients to lists - open lists ...................................................... 69
Assignment of patients to lists - closed lists .................................................... 69
Factors relevant to assignments ..................................................................... 70
Assignments to closed lists: determination of the Assessment Panel ............. 71
Assignments to closed lists: Dispute Resolution Procedure relating to
determinations of the Assessment Panel ........................................................ 73
Assignments to closed lists: assignments of patients by the Commissioner ... 74
Patients aged 75 and over: Accountable GP .................................................. 74
Registered Patients from outside Patient Registration Area; variation of
contractual terms ............................................................................................ 76
NHS ENGLAND Standard Alternative Provider Medical Services Contract 2017/18
6
Savings in respect of the Patient Choice Extension Scheme .......................... 76
Newly registered patients – alcohol dependency screening ........................... 77
Patients Living with Frailty .............................................................................. 78
Accountable GPs ............................................................................................ 79
Inclusion in list of patients: armed forces personnel ....................................... 81
32 Patient Records ............................................................................................ 85
Summary Care Record ................................................................................... 87
Electronic transfer of patient records .............................................................. 88
Clinical correspondence: requirement for NHS number .................................. 89
Patient online services .................................................................................... 89
33 Confidentiality of Personal Data .................................................................. 91
34 Provision of Information to a Medical Officer Etc ...................................... 92
34A National Diabetes Audit ............................................................................... 93
34B Information relating to indicators no longer in the Quality and
Outcomes Framework .................................................................................. 94
34C Information relating to alcohol related risk reduction and dementia
diagnosis and treatment .............................................................................. 94
34D NHS Digital Workforce Censuses ............................................................... 95
34E Information relating to overseas visitors ................................................... 95
35 Provision of Information to the Commissioner .......................................... 97
35A Friends and Family Test .............................................................................. 98
35B Publication of earnings information ........................................................... 99
36 Practice Leaflet ........................................................................................... 100
37 Provision of Practice Information on the Internet .................................... 101
38 Inquiries about Prescriptions and Referrals ............................................ 101
39 Financial Interests ...................................................................................... 102
40 Performance Management and Monitoring .............................................. 102
41 Notifications to the Commissioner ............................................................ 104
42 Notification of Deaths ................................................................................. 106
43 Entry and inspection by the Commissioner ............................................. 106
44 Entry and Viewing by Local Healthwatch Organisations ........................ 107
45 Entry and Inspection by the Care Quality Commission .......................... 107
46 Counter Fraud and Security Management ................................................ 107
47 Certificates .................................................................................................. 108
NHS ENGLAND Standard Alternative Provider Medical Services Contract 2017/18
7
48 Payment under the Contract ...................................................................... 110
49 Fees and Charges ....................................................................................... 111
50 Clinical Governance ................................................................................... 116
51 Indemnity ..................................................................................................... 116
52 Insurance ..................................................................................................... 116
53 Complaints .................................................................................................. 118
54 Sub-contracting and Change of Control ................................................... 118
55 Co-operation with Investigations .............................................................. 119
56 Warranties ................................................................................................... 120
57 Variation of the Contract ............................................................................ 122
58 Termination by Agreement ........................................................................ 123
59 Termination by the Contractor .................................................................. 123
60 Termination by the Commissioner for Provision of Untrue Etc
Information .................................................................................................. 124
61 Other Grounds for Termination by the Commissioner ............................ 124
62 Termination by the Commissioner for a Serious Breach ........................ 129
63 Termination by the Commissioner: Remedial Notices and Breach
Notices ......................................................................................................... 130
64 Termination and the Dispute Resolution Procedure ............................... 132
65 Consequences of Termination .................................................................. 133
66 Dispute Resolution ..................................................................................... 135
67 Tupe, Re-tendering and Handover ............................................................ 135
68 Gifts .............................................................................................................. 135
69 Compliance with Legislation and Guidance ............................................. 137
70 Non-survival of Terms ................................................................................ 137
71 Entire Contract ............................................................................................ 138
72 Governing Law and Jurisdiction ............................................................... 138
73 Waiver, Delay or Failure to Exercise Rights ............................................. 138
74 Relationship between the Parties .............................................................. 139
75 Force Majeure ............................................................................................. 140
76 Severance .................................................................................................... 141
77 Service of Notice ......................................................................................... 141
78 Discrimination ............................................................................................. 142
79 Data Protection ........................................................................................... 143
NHS ENGLAND Standard Alternative Provider Medical Services Contract 2017/18
8
80 Freedom of Information .............................................................................. 144
81 Confidentiality ............................................................................................. 145
82 Bribery Act 2010.......................................................................................... 146
83 NHS Branding ............................................................................................. 150
84 Sponsorship ................................................................................................ 150
85 Administration ............................................................................................ 151
86 Intellectual Property ................................................................................... 151
87 Counterparts ............................................................................................... 151
Schedule 1 Definitions and Interpretation ................................................................ 153
Schedule 2 Service Specification ............................................................................ 191
Service Mobilisation / Transition Plan ........................................................... 192
Annex 1 Patient Registration Area and Outer Boundary Area ...................... 193
Schedule 3 Practice Premises and Equipment ........................................................ 194
Part 1 Premises ............................................................................................ 194
Part 2 Provisions relating to Loaned Equipment ........................................... 195
Annex 1 Loaned Equipment .......................................................................... 200
Schedule 4 Finance ................................................................................................. 201
Schedule 5 Complaints Procedure .......................................................................... 203
Schedule 6 Performance Management ................................................................... 210
Annex 1 Annual Report ................................................................................. 211
Schedule 7 Administration ....................................................................................... 212
Schedule 8 Particulars for Practice Leaflet .............................................................. 213
Schedule 9 TUPE, Tendering and Handover ........................................................... 216
Schedule 10 Dispute Resolution Procedure ............................................................ 217
Schedule 11 ............................................................................................................. 222
Quality and Outcomes Framework – Indicators no longer in the Quality and
Outcomes Framework ................................................................................... 222
PARTI
(1)
(2)
BACKG
A.
B.
C.
In cons
PARTI
1
1.1
1 Insert d2 Amendunder th3 Amend4 This is
ES
The Comm
The Contr
GROUND:
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of the
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provis
In orde
section
arrang
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the Se
Date.
sideration o
ES AGRE
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details on P.d according this Contract. d according t
a requireme
missioner
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gements fo
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ervices with
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100 to pre-existin
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r
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Health Serv
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or the provi
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its powers
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ractor from
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t
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sonable op
rs is neede
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vices to tha
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th
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ubsequent
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prevents t
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timely ma
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8
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10 This is
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with
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1 s
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out limitati
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er which th
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se
ts with the
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his Clause
ts with the
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ent of the AP
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re:
uitable for
ufficient to
atients.10
quipme
or shall sati
on that list
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or shall not
he number
Patients to c
he Contrac
ny other pe
ervices pro
digits 087
onsists of a
to the calle
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number 07
digits.
PMS Directio
sification: O
visions of S
s used for
the delive
o meet the
ent
isfy itself th
ted in Part
he provision
ces
be a party
r for teleph
contact the
ct; or
erson to co
ovided as p
, 090 or 09
a personal
er.
nal number
70 followe
ons
Official
Schedule 3
the provis
ry of the S
reasonable
hat any Lo
2 of Sched
ns of Part 2
y to any co
one servic
e Practice
ontact the
part of the
91, 0844, o
l number, u
r” means a
d by a furt
3, the Cont
ion of the S
ervices; an
e needs of
aned Equi
dule 3) is s
2 of Sched
ntract or o
ces to be us
for any pu
Practice in
health ser
or any othe
unless the
telephone
her 8 digits
tractor sha
Services u
nd
f the Contr
pment (inc
suitable for
dule 3 shal
other arrang
sed by:
rpose rela
n relation to
rvice,
er premium
service is
e number w
s, or 07 fol
13
all
nder
ractor’s
cluding
r the
l apply
gement
ted to
o
m rate
which
lowed
9
9.1
9.2
9.3
9.4
9.5
Co
The
arra
arra
Prac
Geo
Whe
Arra
Rele
Geo
The
(a)
(b)
The
(a)
(b)
(c)
If, de
not b
who
Prem
Num
ost of Re
Contracto
ngement f
ngement a
ctice Prem
ographical
ere the Con
angement f
evant Calls
ographical
Contracto
before t
conside
persons
make e
if the Co
includin
9.4, to e
persons
would to
matters re
varying
renego
termina
espite takin
been poss
ole, person
mises than
mber, the C
Class
elevant
or must not
or telephon
as a whole
ises than t
Number.
ntractor is
for a teleph
s to the Pra
Number, th
or must:
the Comme
er whether,
s pay more
quivalent c
ontractor s
ng in partic
ensure tha
s will not pa
o make eq
eferred to i
g the terms
otiating the
ating the c
ng all reas
ible to ens
s will not p
n they woul
Contractor
sification: O
t Calls
t enter into
ne service
, persons w
they would
party to an
hone servic
actice Prem
he Contrac
encement
, having re
e to make R
calls to a G
so consider
ular consid
t, having re
ay more to
quivalent ca
n Clause 9
s of the con
e terms of t
contract or
sonable ste
sure that, h
pay more to
ld to make
must introd
Official
, renew or
s unless, h
will not pay
d to make e
n Existing C
ce under w
mises call a
ctor must c
Date, revie
gard to the
Relevant C
Geographic
rs, take all
dering the
egard to th
o make Re
alls to a Ge
9.3(b) are:
ntract or ar
the contrac
arrangeme
eps referre
having rega
o make Re
e equivalen
duce a sys
extend a c
having rega
y more to m
equivalent
Contract o
which perso
a number w
comply with
ew the arra
e arrangem
Calls than t
cal Numbe
reasonabl
matters sp
he arrange
levant Call
eographica
rrangemen
ct or arrang
ent.
d to in Cla
ard to the a
elevant Cal
nt calls to a
stem under
contract or
ard to the
make calls
calls to a
or Other
ons makin
which is no
h Clause 9
angement
ment as a w
they would
er; and
le steps,
pecified in
ement as a
ls than the
al Number.
nt;
gement; an
use 9.3(b)
arrangeme
lls to the P
a Geograph
r which if a
14
r other
s to the
g
ot a
9.3.
and
whole,
d to
Clause
whole,
ey
.
nd
), it has
ent as a
Practice
hical
a caller
10
10.1
10.2
10.3
10.4
asks
expe
Cli
Whe
othe
of P
and
prac
The
10.1
10.1
This
by th
The
clinic
prov
Not
If the
Reg
Res
10.4
10.4
eithe
Con
s to be call
ense.
inical R
ere the Con
er than und
atients, it s
any treatm
cticable, pr
Commissi
1.1 th
p
e
1.2 if
th
H
P
s clause 10
he Contrac
Contracto
cians also
viding an in
used.
e Contract
istered Pa
idents:
4.1 a
4.2 O
er at all or
ntractor sha
Class
ed back, t
Reports
ntractor pr
der a privat
shall prepa
ment provid
rovide a co
ioner shall
he person w
rovision of
quivalent;
the person
he Commis
Health and
Patient is re
0.1 does no
ctor.
or must tak
providing
ntegrated p
tor is not, p
atients or to
particular
Out of Hour
in respect
all comply
sification: O
he Contrac
& Co-o
rovides any
te arrange
are a clinic
ded and sh
opy of the c
send any
with whom
f Essential
or
n referred
ssioner, Lo
Social Ser
esident.
ot apply to
ke all reaso
clinical ser
pathway fo
pursuant to
o persons w
Service; o
rs Services
of some p
with the re
Official
ctor will do
peration
y clinical se
ment to a
al report re
hall, as soo
clinical rep
clinical rep
m the Patie
Services (
to in Claus
ocal Health
rvices Boa
Out of Ho
onable step
rvices to a
or a Patient
o the Contr
whom it ha
or
s,
periods or s
equirement
o so at the
n
ervices und
patient wh
elating to th
on as reaso
ort to the C
port receiv
nt is regist
(or their eq
se 10.1.1 is
h Board, He
rd, in whos
urs Servic
ps to co-op
ny Patient
t.
ract, provid
as accepte
some serv
ts specified
Contractor
der this Co
o is not on
he consult
onably
Commissio
ved to eithe
tered for th
quivalent) o
s not know
ealth Boar
se area the
ces to be p
perate with
in the inte
ding to its
ed as Temp
ices, the
d in Clause
15
r’s
ontract,
n its List
ation
oner.
er:
he
or their
wn to
rd or
e
rovided
other
erests of
porary
e 10.5.
10.5 The
shal
10.5
10.5
10.5
requireme
l:
5.1 co
th
5.2 co
s
p
5.3 In
(i)
(ii
(ii
(iv
(v
Class
ents referre
o-operate
hat service
omply with
uch a pers
rovision of
n the case
) take rea
who con
Hours P
how to o
) ensure t
consulta
are revie
same W
the Prac
Day,
i) ensure t
out of ho
hours co
within th
requests
Working
v) take all
which th
to ensur
transmis
hours co
v) agree w
rapid, se
sification: O
ed to in Cla
with any p
e or those s
h any reaso
son or from
f that Servi
of Out of H
asonable s
ntacts the
Period is pr
obtain Serv
that the cli
ations rece
ewed by a
Working Da
ctice or, ex
that any in
ours provid
onsultation
he practice
s are recei
g Day,
reasonabl
he out of h
re the rapid
ssion of Pa
onsultation
with the out
ecure and
Official
ause 10.4
person resp
services;
onable req
m the Comm
ice or thos
Hours Serv
teps to ens
Practice P
rovided wit
vices durin
nical detai
eived from
clinician w
ay as those
xceptionally
nformation
der in resp
ns are resp
e on the sa
ived by th
e steps to
ours provid
d, secure a
atient data
ns, and
t of hours p
effective tr
are that th
ponsible fo
uest for inf
missioner r
e Services
vices:
sure that a
remises du
th informat
ng that peri
ls of all ou
the out of
within the P
e details ar
y, on the n
requests r
pect of any
ponded to b
ame day as
e Practice,
comply wit
der has in
and effectiv
in respect
provider a
ransmissio
e Contract
or the provi
formation f
relating to
s.
any Patient
uring the O
tion about
iod,
ut of hours
hours prov
Practice on
re received
next Workin
received fro
out of
by a clinici
s those
, or on the
th any sys
place
ve
t of out of
system for
on of
16
tor
ision of
from
the
t
Out of
vider
n the
d by
ng
om the
an
next
tems
r the
10.6
10.7
10.8
10.9
11
11.1
Noth
itsel
If the
10.6
10.6
it sh
the p
Com
to en
The
agre
com
the S
forth
The
Ann
The
exha
the C
three
Sto
The
11.1
hing in Cla
f available
e Contract
6.1 a
6.2 O
p
hall comply
provision o
mmissioner
nter into a
Contracto
eed with th
mmenceme
Services w
hcoming 12
Annual Re
ex 1 Annu
details as
austive list
Commissio
e (3) mont
orage o
Contracto
1.1 a
m
Class
informat
chronic
more lik
the Out
uses 10.4
during the
tor ceases
particular
Out of Hour
eriods or s
y with any r
of that Serv
r or by any
contract fo
or shall be r
e Commis
nt, and the
will be deliv
2 month pe
eport shall
al Report T
listed in S
t of inclusio
oner. Anne
ths’ written
of Vacci
or shall ens
ll vaccines
manufacture
sification: O
tion about
disease or
kely to pres
of Hours P
and 10.5 s
e Out of Ho
to be requ
Service; o
rs Services
some Serv
reasonable
vice or tho
y person w
or the prov
required to
ssioner, bu
ereafter ea
vered and l
eriod.
conform t
Template a
Schedule 6
ons require
ex 1 may b
n notice to t
nes
sure that:
s are stored
rer’s instruc
Official
Registered
r terminal i
sent thems
Period.
shall requi
ours Period
uired to pro
or
s, either at
ices,
e request fo
se Service
ith whom t
vision of su
o submit an
t not more
ach anniver
local and n
o the temp
and Details
, Annex 1
ed in the A
be amende
the Contra
d in accord
ctions; and
d Patients
llness, are
selves for t
re the Con
d.
ovide to its
all or in re
or informat
es made by
he Commi
uch Service
n Annual R
than 90 da
rsary which
national pri
plate set ou
s.
shall not b
nnual Rep
d by the C
actor.
dance with
d
who, due
e predicted
treatment d
ntractor to m
Patients:
espect of s
tion relatin
y the
issioner int
es.
Report, on
ays after s
h sets out
iorities me
ut in Sched
be consider
port as requ
Commission
the
17
to
d as
during
make
ome
ng to
tends
a date
service
how
t for the
dule 6
red an
uired by
ner on
12
12.1
13
13.1
13.2
13.3
11.1
Inf
The
infec
Com
Pe
The
pers
Subj
perfo
13.2
13.2
13.2
Clau
13.3
1.2 a
m
ta
re
in
a
m
th
fection C
Contracto
ction contr
mmissioner
ersons w
Contracto
sons perfor
ject to Cla
orm prima
2.1 in
d
2.2 n
a
2.3 n
M
use 13.2.1
3.1 a
1
h
A
Class
ll refrigerat
maximum/m
aken on all
ecorded in
nitiated (wit
re outside
must be ava
he Commis
Control
or shall ens
ol and dec
r.
who sha
or is require
rming the S
uses 13.7.
ry medical
ncluded in
ocumentar
ot suspend
nd
ot subject
Medical Act
shall not a
person wh
5A or 21 o
is employm
Approved M
sification: O
tors in whi
minimum th
l Working D
a mainten
thin agreed
the accep
ailable for
ssioner at a
l
sure that it
contaminat
all perfo
ed to comp
Services.
.A, and 13
services u
the Medica
ry evidenc
ded from th
to interim
t 1983 (inte
apply in the
ho is provis
of the Medi
ment in a r
Medical Pra
Official
ch vaccine
hermomete
Days. Such
nance log a
d practice
ptable rang
inspection
any time.
has appro
tion, as rea
orm the
ply with this
.3, no med
under the C
al Perform
e of the sa
hat list or f
suspensio
erim orders
e case of:
sionally reg
cal Act 19
resident me
actice;
es are store
er and that
h readings
and an imm
opening ho
e. The ma
at the rele
opriate arra
asonably d
Service
s Clause 1
dical practit
Contract un
ers List an
ame to the
from the M
n under se
s).
gistered un
83 acting i
edical capa
ed have a
t readings
s must be
mediate res
ours) if rea
aintenance
evant prem
angements
etermined
es
3 in relatio
tioner shal
nless he is
nd has prov
Contracto
edical Reg
ection 41A
nder sectio
n the cour
acity in an
18
are
sponse
adings
log
mises by
s for
by the
on to all
l
s:
vided
r;
gister;
of the
ons 15,
rse of
13.4
13.3
13.3
No H
13.3
regis
curre
3.2 a
C
P
o
th
S
e
a
3.3 a
1
1
1
1
b
p
p
Health Car
3 apply sha
stered with
ently susp
Class
GP Speci
Commission
Performers
f its decisio
hree (3) mo
Specialty R
ducation a
CCT; or
medical p
3.3.3.1
3.3.3.2
3.3.3.3
3.3.3.4
ut only in s
ractitioner
rogramme
re Professi
all perform
h his releva
ended.
sification: O
alty Regist
ner to have
List until e
on on that
onths, star
Registrar be
and training
practitioner
is not a G
is undert
registrati
supervise
post-regi
has notif
undertak
programm
(24) hour
programm
has, with
Commiss
satisfy its
registrati
so far as a
performs c
e.
ional other
clinical se
ant profess
Official
trar who ha
e his name
either the C
application
rting with th
egins a pos
g scheme n
r, who:
GP Specia
aking a pro
on supervi
ed by the G
stration pr
ied the Co
king part or
me in Engl
rs before c
me; and
h that notifi
sioner with
self that he
on program
ny medica
constitute
r than one
ervices und
sional body
as applied
e included
Commissio
n, or the en
he date on
stgraduate
necessary
lty Registra
ogramme o
ised clinica
General Me
ogramme”
mmissione
r all of a po
land at lea
commencin
cation, pro
h evidence
e is underta
mme,
l services
part of a p
to whom C
der the Con
y and his re
to the
in its Medi
oner notifie
nd of a per
which tha
e medical
y for the aw
ar;
of post-
al practice
edical Cou
”);
er that he w
ost-graduat
ast twenty-f
ng any part
ovided the
sufficient f
aking a po
that the m
post-registr
Clauses 13
ntract unle
registration
19
ical
s him
riod of
at GP
ward of
uncil (“a
will be
te
four
t of that
for it to
st-
edical
ration
3.2 and
ss he is
n is not
13.5
13.6
13.7
13.7A
13.8
Whe
med
cond
inso
No H
he h
him
Befo
the S
care
inclu
com
enga
Wh
13.2
13.7
13.7
Whe
purp
to:
13.8
13.8
ere the reg
dical practit
ditions, the
ofar as they
Health Car
has such cl
properly to
ore employ
Services u
e to satisfy
uding meet
mpetent to d
aged.
ere the pro
2.1 shall a
7A.1
7A.2
en conside
pose of Cla
8.1 th
8.2 h
Class
gistration of
tioner, his
e Contracto
y are releva
re Professi
linical expe
o perform s
ying or eng
nder the C
itself that
ting the req
discharge t
ospective e
pply but su
The GP S
document
Application
medical pe
confirmatio
appears o
two month
period.
ering the co
ause 13.7,
hat person
is educatio
sification: O
f a Health
inclusion i
or shall ens
ant to the C
ional shall
erience an
such servic
gaging any
Contract, th
the person
quirements
the duties
employee
ubject to th
pecialty Re
tary eviden
n to the Co
erformers
on that the
on that list i
hs of the G
ompetence
the Contra
’s academ
on and trai
Official
Care Profe
n a Primar
sure comp
Contract.
perform an
d training a
ces.
y person to
he Contrac
n in questio
s in Clause
for which h
is a GP Sp
he following
egistrar is
nce of the G
ommission
list; and
e GP Spec
is not requ
GP Specialt
e and suita
actor shall
ic and voc
ning; and
essional or
ry Care Lis
pliance with
ny clinical
as are nec
assist it in
ctor shall ta
on is both s
es 13.2 and
he is to be
pecialty Re
g modificat
treated as
GP Specia
er for inclu
ialty Regis
ired until th
ty Registra
bility of an
have rega
cational qua
r, in the ca
st is subjec
h those con
services u
cessary to
n the provis
ake reason
suitably qu
d 13.4 and
employed
egistrar, Cl
tions:
having pro
alty Registr
usion in the
strar's nam
he end of t
ar's training
ny person f
ard, in parti
alifications
20
se of a
ct to
nditions
nless
enable
sion of
nable
ualified,
d
d or
ause
ovided
rar's
e
e
the first
g
for the
icular,
s;
13.9
13.10
13.11
13.12
13.13
13.14
13.8
The
even
13.9
13.9
The
occu
othe
scre
unde
The
reas
Com
ques
Com
The
enga
of du
disc
oblig
reco
The
to en
resp
inclu
rese
staff
entit
The
supe
8.3 h
Contracto
nt that any
9.1 re
m
9.2 re
Contracto
upational h
er persons
eening, imm
ertaking an
Contracto
sonable me
mmissioner
stion or su
mmissioner
Contracto
aged in pro
uty and sta
ciplinary ac
gations in t
ords will be
Contracto
nsure that
pects in com
ude, but no
erve of train
f holidays o
tlements, s
Contracto
ervisory an
Class
is previous
or shall noti
y Health Ca
eferred to t
misconduct
emoved fro
or may use
health serv
employed
munisation
ny work in
or shall ens
edical scre
r at any tim
pply any in
r may reas
or will main
oviding the
arting and f
ction and an
this Clause
e available
or will empl
all of the S
mplete con
ot be limite
ned and co
or absence
sickness or
or shall at a
nd manage
sification: O
s employm
ify the Com
are Profess
the relevan
t; or
om the Rel
the Comm
vice (at its o
or engage
n or testing
connection
sure (at its
eening, exa
me after the
nformation
sonably ask
tain detaile
e Services
finishing ti
ny other in
e 13 as ma
to the Com
oy or enga
Services ar
nformity wi
ed to, the C
ompetent s
e due to co
r voluntary
all times pr
ement leve
Official
ment or wor
mmissione
sional is:
nt professio
levant Reg
missioner’s
own cost)
ed by it, to
prior to th
n with the
own cost)
amination o
eir appoint
pertaining
k or require
ed records
including d
mes, traini
nformation
ay be reaso
mmissione
age sufficie
re provided
ith the Serv
Contractor
staff to pro
ontractual o
y absence.
rovide a su
el to ensure
rk experien
r as soon a
onal body
gister.
s commissi
in order to
undergo m
eir appoint
Services.
that all sta
or tests if r
ment and a
g to their he
e.
s of staff em
details of n
ing perform
relating to
onably req
r on reaso
ent employ
d at all time
vice Specif
providing a
vide the Se
or statutory
fficient num
e that all pe
nce.
as possible
for alleged
ioned
allow any
medical
tment or
aff undergo
requested
answer an
ealth which
mployed or
names and
mance and
the Contra
quired and
onable requ
yees or per
es and in a
fication. Th
a sufficient
ervices du
y leave
mber of sta
ersons or s
21
e in the
d
staff or
o
by the
y
h the
r
d place
d
actor’s
these
uest.
rsons
all
his will
t
ring
aff of a
staff
13.15
14
14.1
14.2
emp
adeq
The
leve
matt
of th
The
and
prog
Tra
The
is:
14.1
14.1
the
upd
per
the
or s
per
clau
ass
Con
the
The
to un
emp
train
ployed or e
quately su
Contracto
el staff are
ters under
he Services
Contracto
appropriat
gression pa
aining
Contracto
1.1 p
1.2 e
se
re are in p
dating his s
rforming or
Contracto
suspend th
rforming se
use have b
sociated wi
ntractor un
Contracto
Contracto
ndertake a
ployee’s co
ning set ou
Class
engaged in
pervised a
or shall ens
sufficiently
the Contra
s.
or shall ens
te support
athways.
or shall ens
erforming
mployed o
ervices,
lace arrang
skills and k
r assisting
or, where th
he performa
ervices und
been satisf
th the rest
nless the co
or through t
or shall affo
appropriate
ompetence
t in the Se
sification: O
providing
and manag
sure that su
y skilled, tra
act, includi
sure that its
to facilitate
sure that fo
clinical ser
or engaged
gements fo
knowledge
in perform
he Contrac
ance of an
der this Co
fied. For th
triction or s
ontract san
the Dispute
ord to each
e training w
e in addition
ervice Spec
Official
the Servic
ged and pro
uch superv
ained and
ing without
s staff are
e them in d
or any Hea
rvices unde
d to assist i
or the purp
in relation
ing. The C
ctor is lega
ny named h
ontract unti
he avoidanc
suspension
nction is su
e Resolutio
h employee
with a view
n to the Co
cification.
ces are at a
operly perf
visory and
instructed
t limitation
provided w
developing
lth Care P
er the Con
in the perfo
pose of ma
to the ser
Commission
lly able to
health prof
l the requir
ce of doub
n must be m
uccessfully
on Procedu
e reasonab
to maintai
ontractor’s
all times
form their d
managem
with regar
the perfor
with all nec
g career
rofessiona
ntract; or
ormance o
aintaining a
rvices whic
ner may re
do so, to r
fessional fr
rements of
bt any costs
met by the
y challenge
ure.
ble opportu
ining that
obligation
22
duties.
ment
rd to all
rmance
cessary
al who
of such
and
ch he is
equire
restrict
rom
f this
s
e
ed by
unities
s as to
14.3
14.4
The
disc
Trai
whe
direc
unde
train
The
skille
that
(at t
:
14.4
14.4
14.4
14.4
14.4
14.4
Contracto
charge of th
ning) of the
ere Health
ction unde
er section
ning for hea
Contracto
ed and exp
every suc
he Contrac
4.1 th
4.2 a
S
4.3 a
C
h
p
4.4 th
e
c
4.5 th
a
re
id
4.6 th
ca
b
s
fe
Class
or must co-
he duty und
e 2006 Act
Education
r section 1
97 (1) of th
alth worker
or will empl
perienced
h person is
ctor's expe
he task or t
ll relevant
Specificatio
ll relevant
Commission
arassment
olicies);
he need fo
nvironmen
ustomer ca
he need to
cquired wh
elating to p
dentity, clin
he need to
are throug
oth in cust
upporting P
eedback;
sification: O
-operate w
der section
t, or co-op
England is
1F of the 20
he Care Ac
rs etc.)
oy only su
in the dutie
s properly
ense) and c
tasks that
provisions
on;
policies, ru
ner (includ
t, discrimin
r those wo
nt to observ
are, courte
keep conf
hether rela
patients, in
nical condit
provide a
h both initi
tomer care
Patients to
Official
ith the Sec
n 1F (Duty
erate with
s discharg
006 Act by
ct 2014 (pl
uch person
es required
and suffici
carries out
person has
s of the Co
ules, proce
ding any he
nation and
orking in a
ve the high
esy and co
fidential all
ating to the
cluding bu
tions and t
suitably hi
ial and the
e and in co
o include re
cretary of S
as to Edu
Health Ed
ing that du
y virtue of i
anning edu
s as are ca
d of them,
ently traine
t the Servic
s to perfor
ntract and
edures and
ealth and s
equal opp
health serv
hest standa
nsideration
informatio
e Trust an
t not limite
reatment;
igh standa
reafter per
mmunicati
esponding
State in the
cation and
ucation En
uty by virtue
ts function
ucation an
areful, qua
and will en
ed and ins
ces with re
rm;
the Servic
d standards
safety at wo
portunities
vices
ards of hyg
n;
on howsoe
nd its busin
ed to patien
ard of custo
riodic train
ng with an
to Patient
23
e
d
ngland
e of a
ns
nd
alified,
nsure
structed
egard to
ce
s of the
ork,
giene,
ever
ess, or
nt
omer
ing
nd
14.5
15
16
16.1
16.2
16.3
14.4
The
perfo
prom
stan
emp
indiv
deve
Ap
The
Serv
syst
Com
Ar
The
the c
The
not,
Reg
prac
whic
Whe
mus
acco
appr
trave
4.7 th
P
w
h
adherence
ormance s
mptly take
ndards are
ployed or e
vidual appr
elopment p
ppraisal
Contracto
vices unde
tem and co
mmissioner
rangem
Contracto
conditions
conditions
by reason
istrar, redu
ctitioners p
ch other sta
ere the Con
st offer the
ordance wi
roved by th
elling and
Class
he need to
Patients’ so
which may
ow they wa
e of the Co
shall be rou
such reme
not attaine
engaged in
raisal to inc
plans.
and As
or shall ens
er the Cont
o-operates
r’s patient s
ments fo
or shall only
in Clause
s referred t
n only of ha
uce the tot
erform prim
aff assist th
ntractor em
GP Specia
ith such ra
he Secreta
other allow
sification: O
be aware
ocial and cu
influence a
ant to rece
ontractor’s
utinely mon
edial action
ed. The C
providing
clude the i
ssessm
sure that an
tract partici
with the C
safety func
or GP Sp
y employ a
16.2.
to in Claus
aving empl
tal number
mary medi
hem in the
mploys a G
alty Regist
ates and su
ary of State
wances pay
Official
of and und
ultural dive
any decisio
eive care, t
staff to req
nitored and
n as may b
ontractor s
the Servic
mplementa
ent
ny medica
ipates in a
Commissio
ctions.
pecialty
a GP Spec
se 16.1 are
oyed or en
of hours fo
cal service
e performa
GP Special
trar terms o
ubject to th
e concernin
yable to G
derstand a
ersity, value
ons taken b
treatment a
quired stan
d the Contr
be required
shall ensur
ces receive
ation of pro
l practition
n appropri
ner in relat
y Regist
ialty Regis
e that the C
ngaged a G
or which ot
es under th
nce of thos
ty Registra
of employm
e condition
ng the gran
P Specialty
and recogn
es and bel
by Patients
and suppo
ndards of
ractor sha
d where su
re that its s
e an annua
ofessional
ner perform
ate apprai
tion to the
trars
strar subjec
Contractor
GP Specia
other medic
he Contrac
se services
ar, the Con
ment in
ns as are
nts, fees,
ty Registra
24
nise
liefs
s and
rt.
ll
ch
staff
al
ming
sal
ct to
shall
lty
cal
ct or for
s.
ntractor
rs; and
17
17.1
17.2
take
Refe
No
Pre
Whe
17.1
17.1
17.1
the C
(7) d
enga
befo
the p
Whe
17.2
17.2
17.2
e into accou
erence Gu
otificatio
escribe
ere:
1.1 th
s
p
1.2 a
C
1.3 th
C
a
in
Contractor
days begin
aged the p
ore becomi
person’s fu
ere:
2.1 th
is
p
2.2 a
C
2.3 th
w
a
its
Class
unt the gui
ide to Post
on Requ
ers
he Contrac
pecified in
rescribing;
party to th
Clause 17.2
he function
Clause 17.2
lready emp
nclude pres
r shall notif
nning with t
person, the
ing such a
unctions w
he Contrac
s specified
rescribing
party to th
Clause 17.2
he function
whom the C
re changed
s practice;
sification: O
idance con
tgraduate
uiremen
ctor employ
Clause 17
;
he Contrac
2.5; or
ns of a pers
2.5 and is a
ploys or ha
scribing,
fy the Com
the date on
e party to th
party, the
were extend
ctor ceases
in Clause
in its pract
he Contrac
2.5 ceases
ns of a pers
Contractor
d so that th
or
Official
ntained in t
Specialty T
nts in R
ys or enga
7.2.5 whos
ct is a pers
son who is
a person w
as already
mmissioner
n which the
he Contrac
person fel
ded.
s to employ
17.2.5 wh
tice;
ct who is a
s to be a pa
son who is
employs o
hey no lon
the docum
Training in
Respect
ges a pers
se function
on who is s
a person
whom the C
engaged a
within the
e Contracto
ct (unless i
ll under Cla
y or engag
ose functio
person wh
arty to the
specified
or engages
ger include
ent entitled
the UK".
of Spec
son who is
ns will inclu
specified i
specified i
Contractor
are extend
e period of
or employe
mmediate
ause 17.1.
ge a person
ons include
ho is specif
Contract; o
in Clause
s in its prac
e prescribi
25
d "A
cified
ude
n
n
ded to
seven
ed or
ly
.1), or
n who
ed
fied in
or
17.2.5
ctice
ng in
17.3
17.4
17.2
the C
Wor
17.2
The
the C
17.3
17.3
17.3
17.3
17.3
The
the C
17.4
2.4 th
s
h
R
Contractor
rking Day
2.5 T
1
1
1
1
1
Contracto
Commissio
3.1 th
3.2 h
3.3 h
R
3.4 th
a
m
3.5 th
a
b
Contracto
Commissio
4.1 th
Class
he Contrac
pecified in
as been re
Register,
r shall notif
after the d
The specifie
7.2.5.1
7.2.5.2
7.2.5.3
7.2.5.4
7.2.5.5
or shall prov
oner in acc
he person’s
is professi
is identifyin
Register;
he date on
nnotated to
medicines a
he date on
pplicable,
ecame to p
or shall prov
oner in acc
he person’s
sification: O
ctor becom
Clause 17
emoved or
fy the Com
day on whic
ed persons
a Chiropo
Prescribe
an Indep
a Pharma
a Physio
a Supple
vide the fo
cordance w
s full name
onal qualif
ng number
which his
o the effec
and Applia
which he
or the date
prescribe i
vide the fo
cordance w
s full name
Official
mes aware t
7.2.5 whom
suspende
mmissioner
ch the eve
s are:
odist or Po
er;
pendent Nu
acist Indep
therapist In
ementary P
ollowing inf
with Clause
e;
fications;
r which ap
entry in th
ct that he w
nces for P
was emplo
e on which
n its Pract
ollowing inf
with Clause
e;
that a pers
m it employ
d from the
by the end
nt occurred
odiatrist Ind
urse Prescr
pendent Pr
ndependen
Prescriber.
formation w
e 17.1:
pears in th
e Relevan
was qualifie
atients; an
oyed or eng
one of his
ice.
formation w
e 17.2:
son who is
ys or engag
e Relevant
d of the se
d.
dependent
riber;
rescriber;
nt Prescrib
when it not
he Relevan
nt Register
ed to order
nd
gaged, if
s functions
when it not
26
ges
econd
t
ber; and
tifies
nt
was
r drugs,
tifies
18
18.1
18.2
18.3
18.4
17.4
17.4
Sig
In ad
whe
18.1
18.1
The
18.2
18.2
The
Pres
The
sign
any
4.2 h
R
4.3 th
fu
gning o
ddition to a
ether in the
1.1 th
1
1
1.2 th
p
d
document
2.1 ce
re
o
2.2 a
1
1
document
scription Fo
Contracto
atories an
changes f
Class
is identifyin
Register; an
he date on
unctions.
of Docum
any other r
Contract o
he docume
8.1.1.1
8.1.1.2
he docume
rofession o
ocument.
ts referred
ertificates
egulations
therwise; a
ny other cl
8.2.2.1
8.2.2.2
ts referred
orms and R
or shall kee
d shall pro
rom time to
sification: O
ng number
nd
which he
ments
requiremen
or otherwis
ents specif
the clinic
Professio
the name
is signed
ents specif
of the Hea
to in Clau
issued in a
relating to
and
linical docu
Home Ox
those do
to in Clau
Repeatabl
ep an up to
omptly notif
o time.
Official
r which ap
ceased to
nts relating
se, the Con
ied in Clau
cal professi
onal who s
e of the Co
d; and
ied in Clau
lth Care P
se 18.1.1 a
accordance
o particular
uments, ap
xygen Ord
cuments s
se 18.1.2 a
e Prescrip
o date regis
fy the Com
pears in th
carry out p
g to such d
ntractor sh
use 18.2 in
ion of the H
igned the d
ontractor on
use 18.3, in
rofessiona
are:
e with Clau
certificate
part from:
er Forms;
specified in
are Batch
tions.
ster of auth
mmissioner
he Relevan
prescribing
ocuments
hall ensure
clude:
Health Car
document
n whose b
nclude the
al who sign
use 47.1, u
es provide
and
n Clause 18
Issues,
horised
r in the eve
27
nt
g
that:
re
; and
ehalf it
clinical
ed the
unless
8.1.2.
ent of
19
19.1
19.2
19.3
Pre
The
Pres
Pres
Prof
or a
with
For
subs
Subj
Pres
need
unde
19.3
19.3
and
Rep
any
19.3
19.3
escribin
Contracto
scriptions f
scriber, any
fessional a
ny other pe
the requir
the purpos
stances an
ject to Cla
scriber sha
ded for the
er the Con
3.1 is
o
a
3.2 w
E
such a No
peatable Pr
other circu
3.3 A
S
w
H
3.4 D
M
1
Class
ng
or shall ens
for drugs, m
y Home Ox
and any Lis
erson actin
rements in
ses of Clau
nd Applianc
uses 19.3.
all order an
e treatment
ntract by:
ssuing to th
r Non-Elec
ccordance
where Clau
Electronic P
on-Electron
rescription
umstances
A Health Ca
Services wh
who is rece
Home Oxyg
During an o
Medicine m
9.3.4.1
sification: O
sure that an
medicines
xygen Ord
sted Medic
ng under th
Clauses 1
uses 19.1 t
ces include
.3 and 19.3
ny drugs, m
t of any Pa
hat Patient
ctronic Rep
e with Clau
se 20.1 ap
Prescription
nic Prescri
or Electro
s.
are Profess
hich are ne
iving treatm
gen Order
outbreak of
may be used
the Secre
has mad
a Listed
Official
ny Prescrip
or Applian
der Form is
cines Vouc
he Contrac
9.3 to 28.3
to 28.3 dru
e contrace
3.4 and to
medicines o
atient who
t a Non-Ele
peatable P
se 19.5; o
pplies, crea
n,
ption Form
onic Prescr
sional sha
eeded for t
ment unde
Form.
f an illness
d for treatm
etary of St
e arrangem
Medicine f
ption Form
nces issued
ssued by a
her issued
ct complies
3.
ugs include
ptive appli
Clauses 24
or Applianc
is receivin
ectronic Pr
rescription
r
ating and tr
m, Non-Elec
iption shal
ll order any
he treatme
er the Cont
for which
ment or for
ate or the
ments for t
free of cha
m or Repea
d or create
Health Ca
d by a Pres
s as appro
e contracep
iances.
4 and 25 a
ces which
g treatmen
rescription
n complete
ransmitting
ctronic
l not be us
y Home Ox
ent of any
tract by iss
a Listed
r prophylax
Commissio
the distribu
rge;
28
atable
ed by a
are
scriber
priate
ptive
a
are
nt
Form
ed in
g an
sed in
xygen
Patient
suing a
xis, if:
oner
ution of
19.4
19.5
A Pr
Rep
are t
In is
Rep
or R
fore
stam
inse
19.5
1
1
1
th
th
w
rescriber m
peatable Pr
to be provi
ssuing any
peatable Pr
Repeatable
names and
mp, and sh
erted in the
5.1 th
re
P
Class
9.3.4.2
9.3.4.3
9.3.4.4
he person a
hat Listed M
which the p
may order d
rescription
ided more
Non-Elect
rescription
Prescripti
d surname
all so sign
Prescripti
he Prescrip
efer to any
Prescription
sification: O
those arr
a protoco
Prescribe
whether
prophyla
a person
who is no
to order L
Commiss
referred t
Patient w
Contract
having a
on behal
the Listed
prophyla
acting on b
Medicine b
person orde
drugs, med
only wher
than once
tronic Pres
the Presc
on in ink w
e, in his ow
only after
on Form o
ption Form
y previous P
n; and
Official
rangement
ol which en
ers to iden
there is a n
xis of, that
acting on
ot a Prescr
Listed Med
sioner, has
to in parag
who is rece
; and
pplied the
f of the Co
d Medicine
xis of that
behalf of th
by using a
ering the L
dicines or A
re the drug
e.
scription Fo
riber shall
with his init
wn handwrit
particulars
or Repeata
or Repeat
Prescriptio
ts contain c
nable perso
tify the sym
need for tre
t disease;
behalf of t
riber but w
dicines by t
s applied th
graph 19.3.
eiving treat
criteria, the
ontractor ha
e is needed
Patient,
he Contrac
Listed Med
isted Medi
Appliances
s, medicin
orm or Non
sign the P
ials and su
ting and no
s of the ord
ble Prescr
table Presc
on Form or
criteria set
ons who a
mptoms of
reatment o
the Contra
who is autho
the
he criteria
.4.2 to any
tment unde
e person a
as conclud
d for treatm
ctor must o
dicines Vo
icine must
s on a
nes or Appl
n-Electroni
Prescription
urname, or
ot by mean
der have b
ription, and
cription sh
r Repeatab
29
t out in
re not
, and
r
ctor,
orised
y
er the
acting
ded that
ment or
order
ucher,
sign.
liances
c
n Form
r his
ns of a
een
d:
all not
ble
19.6
19.7
19.8
19.5
19.5
Whe
drug
(con
and
addi
19.6
19.6
19.6
The
of su
orde
In a
drug
is iss
19.8
19.8
19.8
5.2 a
s
p
C
5.3 a
C
ere a Presc
g specified
ntrolled dru
27 of thos
iction to an
6.1 u
s
6.2 s
in
6.3 o
tr
Non-Elect
upply by in
ering drugs
case of ur
g or medici
sued or cre
8.1 th
8.2 th
M
th
o
8.3 h
(7
Class
separate
hall be use
rescription
Clauses 28
Home Ox
Care Profes
criber orde
in Schedu
ugs to whic
se regulatio
ny drug spe
se only the
pecially for
pecify the
nterval betw
rder only s
reatment fo
tronic Pres
nstalments
s in accord
rgency a P
ne before
eated, but
hat drug or
hat drug is
Misuse of D
he time bei
f Drugs Re
e undertak
72) hours,
sification: O
Prescriptio
ed for each
n is issued
.1 to 28.3;
xygen Orde
ssional.
ers the drug
ule 2 to the
ch regulatio
ons apply)
ecified in th
e Non-Elec
r the purpo
number of
ween each
such quant
or a period
scription Fo
shall not b
dance with
Prescriber m
a Prescrip
only if:
r medicine
not a cont
Drugs Act 1
ing specifie
egulations
kes to furn
with a Non
Official
on Form or
h Patient, e
for a scho
and
er Form sh
g bupreno
e Misuse of
ons 14, 15
for supply
hat Sched
ctronic Pre
oses of sup
f instalmen
h instalmen
tity of the d
not excee
orm provid
be used fo
Clause 19
may reque
ption Form
is not a Sc
trolled drug
1971, othe
ed in Sche
2001; and
ish the Ch
n-Electroni
r Repeatab
except whe
ol or institu
all be sign
rphine or d
f Drugs Re
, 16, 18, 19
by instalm
ule, he sha
scription F
pply by ins
nts to be dis
nt; and
drug as wil
eding fourte
ed special
r any purpo
9.6.
st a Chem
or Repeat
cheduled D
g within the
r than a dr
edules 4 or
emist, with
c Prescrip
ble Prescrip
ere a bulk
ution unde
ed by a He
diazepam o
egulations
9, 20, 21, 2
ments for tr
all:
Form provid
stalments;
spensed a
l provide
een (14) d
lly for the p
ose other t
mist to dispe
table Presc
Drug;
e meaning
rug which i
r 5 to the M
hin seventy
ption Form
30
ption
r
ealth
or a
2001
23, 26
reating
ded
and the
ays.
purpose
than
ense a
cription
of the
s for
Misuse
y two
or Non-
19.9
19.10
20
20.1
In a
App
issu
19.9
19.9
19.9
Whe
com
Ame
Ele
A Pr
of an
20.1
20.1
E
a
P
e
case of ur
liance befo
ed or crea
9.1 th
co
A
s
2
9.2 in
P
D
9.3 h
(7
E
a
P
E
en prescrib
mply with th
endments
ectronic
rescriber m
n Electroni
1.1 th
E
1.2 th
Class
Electronic R
ccordance
Prescription
lectronic p
rgency a P
ore a Presc
ted, but on
hat Applian
ontrolled d
Act 1971, o
pecified in
001;
n the case
Patient is a
Drug Tariff;
e undertak
72) hours,
Electronic R
ccordance
Prescription
Electronic P
bing in rela
he National
Relating to
c Presc
may only or
ic Prescrip
he Commis
Electronic P
he Patient
sification: O
Repeatable
e with Clau
n Service w
prescription
Prescriber m
cription Fo
nly if:
nce does n
drug within
other than a
Schedule
of a Restr
person, or
and
kes to furn
with a Non
Repeatable
e with Clau
n Service w
Prescription
ation to pan
l Health Se
o Pandemi
riptions
rder drugs
ption if:
ssioner aut
Prescription
to whom th
Official
e Prescript
se 19.5 or
within seve
n.
may reque
orm or Rep
not contain
the meani
a drug whic
5 to the M
icted Avail
r it is for a
ish the Ch
n-Electroni
e Prescript
se 19.5 or
within seve
n.
ndemic infl
ervice (Pre
c Influenza
s
, medicine
thorises th
n Service;
he prescrip
ion comple
transmit to
enty-two (7
st a Chem
peatable Pr
a Schedu
ing of the M
ch is for th
Misuse of D
ability App
purpose, s
emist, with
c Prescrip
ion comple
transmit to
enty-two (7
uenza both
escribing an
a) Regulati
s or Applia
e Contract
ption relate
eted in
o the Elect
72) hours a
mist to dispe
rescription
led Drug o
Misuse of
he time bein
Drugs Regu
pliance, the
specified in
hin seventy
ption Form
eted in
o the Elect
72) hours a
h parties s
nd Chargin
ions 2009.
ances by m
tor to use t
es has:
31
tronic
an
ense an
is
or a
Drugs
ng
ulations
e
n the
y two
or Non-
tronic
an
shall
ng
means
the
20.2
20.3
20.4
20.1
A He
mea
In re
to no
the P
20.3
20.3
A Pr
Elec
(i
(i
(i
1.3 th
(i
(i
(i
ealth Care
ans of an E
elation to a
ominate a
Patient to w
3.1 in
re
3.2 in
ca
th
co
rescriber w
ctronic Pre
Class
) nomi
i) confi
one o
medi
Presc
ii) cons
the p
he prescrip
) for a
Misu
is for
the M
i) for su
ii) a bul
unde
Professio
Electronic P
a Patient w
dispenser
whom the
n the case
eferred to i
n the case
arer, a don
hat person
ourt under
who orders
scription s
sification: O
inated one
rmed that
of them) fo
icines or A
cription in
sents to the
particular o
ption is not
controlled
se of Drug
r the time b
Misuse of D
upply by in
lk prescript
er Clause 2
nal may no
Prescriptio
who is a Ch
, Clause 2
prescriptio
of a Child,
in clause 3
of an adul
nee of a las
or a depu
r the provis
drugs, me
hall:
Official
e or more D
he intends
or the purp
Appliances
question; a
e use of an
occasion; a
:
drug withi
gs Act 1971
being spec
Drugs Reg
nstalments
tion issued
28.
ot order Ho
n.
ild or an ad
0.1.2 shall
on relates i
, that Patie
31.11; or
t, that Pati
sting powe
ty appointe
sions of the
edicines or
Dispensers
s to use tha
oses of ob
ordered on
and
n Electronic
and
in the mea
1, other tha
cified in Sch
ulations 20
under Cla
d for a scho
ome Oxyge
dult who la
apply as i
ncluded a
ent’s paren
ent’s relati
er of attorn
ed for that
e Mental C
r Appliance
s;
at Dispens
btaining the
n the Elect
c Prescript
aning of the
an a drug w
hedule 4 o
001;
ause 19.6;
ool or instit
en service
acks the ca
if the refere
reference
nt or other p
ive or prim
ney granted
person by
Capacity Ac
es by mean
32
ser (or
e drugs,
tronic
tion on
e
which
or 5 to
or
tution
s by
apacity
ence to
to:
person
mary
d by
y the
ct 2005.
ns of an
21
21.1
21.2
21.3
20.4
20.4
No
Ele
A Co
Serv
Patie
oper
21.1
21.1
chos
Clau
wou
Pres
An a
21.3
4.1 in
th
th
R
R
fo
4.2 in
P
p
ominatio
ectronic
ontractor w
vice for its
ent which
rated by th
1.1 w
D
1.2 w
2
2
sen by that
use 21.1.2
ld thereby
scription S
application
3.1 o
Class
n the case
he Patient
he purpose
Repeatable
Repeatable
orm; and
n the case
Patient, if he
rescription
on of Di
c Presc
which is au
Patients m
is held in t
he Informat
where he do
Dispenser c
where he do
1.1.2.1
1.1.2.2
t Patient.
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exceed th
ervice.
made und
n behalf of
sification: O
of an Elec
with a form
e of record
e Prescripti
e Prescripti
of an Elec
e so reque
n which has
ispense
riptions
uthorised to
must enter
the Patient
tion Centre
oes not ha
chosen by
oes have a
a replace
a further
t apply if th
he maximu
der Clause
f any Child
Official
ctronic Rep
m provided
ing details
on and link
on by a nu
ctronic Pres
ests, with a
s been cre
ers for t
s
o use the E
into the pa
t Demogra
e for Health
ave a Nomi
the Patien
a Nominate
ement Disp
Dispenser
he number
m number
e 21.1 may
d:
peatable Pr
by the Co
of that Ele
ked to that
umber cont
scription Fo
a written re
ated.
he Purp
Electronic P
articulars re
phic Servic
h and Soci
inated Disp
nt; and
ed Dispens
penser; or
r,
r of Nomina
permitted
be made:
rescription
ommissione
ectronic
t Electronic
tained in th
orm, issue
ecord of the
pose of
Prescriptio
elating to t
ce which is
ial Care:
penser, the
ser:
ated Dispe
by the Ele
33
, issue
er for
c
he
e the
e
f
on
hat
s
e
ensers
ectronic
21.4
22
22.1
22.2
21.3
The
(a)
(b)
Re
The
any
22.2
term
The
2
2
2
3.2 o
a
m
p
th
co
Contracto
shall no
recomm
shall, if
he migh
list of a
Prescri
Commi
epeatab
Contracto
person on
2 and it ser
ms of Claus
Condition
Class
1.3.1.1
1.3.1.2
1.3.1.3
n behalf of
n applicati
made on the
erson, a do
hat person
ourt under
or:
ot seek to p
mended by
asked by
ht nominat
ll the Chem
ption Serv
ssioner.
le Presc
or may only
n its List of
rves notice
ses 22.3 an
s referred
sification: O
by either
parents,
care of th
by a pers
authority
committe
by a pers
organisa
accommo
Act; or
f any adult
on, or to a
eir behalf,
onee of a
or a depu
r the provis
persuade a
y the Presc
the Patien
te as his D
mists in the
ice as give
cribing
y provide R
Patients if
e on the Co
nd 22.4.
to in Claus
Official
r parent, or
the guardi
he Child,
son duly au
to whose
ed under th
son duly au
tion by wh
odated und
t who lacks
authorise su
by a relati
lasting pow
ty appointe
sions of the
a Patient to
criber or the
t to recom
ispenser, p
e area who
en to the C
Service
Repeatable
f it satisfies
ommission
se 22.1 are
r in the abs
an or othe
uthorised b
care the C
he Children
uthorised b
ich the Ch
der the pro
s the capac
uch an app
ve or prima
wer of attor
ed for that
e Mental C
o nominate
e Contract
mend a Ch
provide the
o provide a
ontractor b
es
e Prescribin
s the condi
er in accor
e:
sence of bo
er adult who
by a local
Child has b
n Act 1989
by a volunt
ild is being
ovisions of
city to mak
plication to
ary carer o
rney grant
person by
Capacity Ac
e a Dispen
tor; and
hemist to w
e Patient w
an Electron
by the
ng Service
itions in Cl
rdance wit
34
oth
o has
een
9, or
tary
g
that
ke such
o be
of that
ed by
y the
ct 2005.
ser
whom
with the
nic
es to
ause
h the
22.3
22.4
22.5
22.6
22.7
22.2
22.2
The
the C
22.3
22.3
22.3
The
at le
Clau
Noth
Rep
A Pr
pers
22.6
22.6
The
Patie
auth
arra
2.1 th
so
R
2.2 th
S
a
a
h
D
notificatio
Contractor
3.1 w
3.2 in
d
3.3 sa
date spec
east ten (10
use 22.1 is
hing in this
peatable Pr
rescriber m
son on a pa
6.1 th
o
6.2 th
p
Contracto
ent of its w
horised or r
ngements
Class
he Contrac
oftware wh
Repeatable
he Practice
Services are
uthority are
t least one
as entered
Dispensing
n referred
r to the Com
wishes to p
ntends to b
ate; and
atisfies the
cified by the
0) days aft
s given.
s clause req
rescribing S
may only pr
articular oc
hat person
ccasion; a
he Prescrib
rovide suc
or may not
whom any o
required by
made und
sification: O
ctor has ac
hich enable
e Prescripti
e Premises
e to be pro
rea in whic
e Chemist w
d into an ar
Services.
to in Claus
mmissione
rovide Rep
begin to pro
e condition
e Contract
ter the date
quires a C
Services to
rovide Rep
ccasion if:
has agree
nd
ber conside
ch services
provide Re
of the pers
y the Com
der section
Official
ccess to co
e it to issue
ons and B
s at which t
ovided are
h there is a
who has u
rrangemen
se 22.1 is a
er that it:
peatable P
ovide those
s in Clause
tor pursuan
e on which
ontractor o
o any pers
peatable P
ed to receiv
ers that it i
s to that pe
epeatable
sons specif
missioner
126 (Arra
omputer sys
e Non-Elec
atch Issue
the Repea
located in
also locate
ndertaken
nt to provid
a notificatio
rescribing
e services
e 22.2.
nt to Claus
the notific
or Prescrib
on.
rescribing
ve such se
s clinically
rson on th
Prescribin
fied in Clau
in accorda
ngements
ystems and
ctronic
es; and
atable Pres
the local
ed the prem
to provide
de, Repeat
on, in writi
Services;
from a spe
se 22.3.2 m
cation spec
ber to provi
Services t
ervices on t
y appropria
at occasio
g Services
use 22.8, i
ance with
for
35
d
scribing
mises of
e, or
t
ng, by
ecified
must be
cified in
ide
to a
that
ate to
on.
s to any
s
22.8
23
23.1
23.2
23.3
23.4
Pha
Pha
The
22.8
22.8
22.8
Re
A Pr
at th
Whe
stren
pers
in th
23.3
23.3
that
obta
for a
or
in th
23.4
23.4
rmaceutica
rmaceutica
persons re
8.1 a
8.2 in
p
in
8.3 a
epeatab
rescriber w
he same tim
ere a Presc
ngth or dos
son’s Repe
he case of
3.1 n
3.2 m
R
the origina
ain or provi
a replacem
he case of
4.1 a
ca
4.2 c
re
Class
al Services
al Services
eferred to
medical p
n the case
ractitioner
n that body
ny medica
le Presc
who issues
me issue th
criber wish
sage of dru
eatable Pre
a Non-Elec
otify the pe
make reaso
Repeat Disp
al Repeata
ide Repeat
ment Repea
an Electro
rrange with
ancellation
reate a rep
elating to th
sification: O
s) and sect
s) of the 20
in Clause
practitioner
of a Contr
who is bot
y; or
al practition
cription
a Non-Ele
he appropr
hes to mak
ugs, medic
escription i
ctronic Re
erson; and
onable effo
pensing Se
able Prescr
t Dispensin
atable Pres
nic Repea
h the Elect
n of the orig
placement
hat person
Official
tion 129 (R
006 Act.
22.7 are:
r who is a p
ract with a
th a legal a
ner employ
ns
ectronic Re
riate numb
ke any chan
cines or Ap
t must:
peatable P
d
orts to notif
ervices to t
ription sho
ng Service
scription to
table Pres
tronic Pres
ginal Repe
Electronic
n and notify
Regulations
party to the
company,
and benefic
yed by the
epeatable P
ber of Batch
nge to the
ppliances o
Prescription
fy the Chem
that person
uld no long
es and mak
o be issued
cription:
scription Se
eatable Pre
c Repeatab
y him that h
s as to
e Contract
any medic
cial shareh
Contractor
Prescriptio
h Issues.
type, quan
ordered on
n:
mist provid
n,
ger be use
ke arrange
d to that pe
ervice for t
escription;
ble Prescrip
he has don
36
cal
holder
r.
on must
ntity,
n a
ding
ed to
ements
erson;
the
and
ption
ne so.
23.5
23.6
23.7
A Pr
a pe
Pres
pres
23.5
23.5
23.5
Whe
Pres
prac
A Pr
in re
effor
long
befo
23.7
23.7
rescriber w
erson must
scription S
scription:
5.1 h
p
o
lo
R
5.2 h
P
P
5.3 it
fr
th
ere a Presc
scription in
cticable, no
rescriber w
espect of a
rts to notify
ger be used
ore the exp
7.1 h
p
o
a
R
7.2 h
re
P
Class
who has cre
t as soon a
ervice for i
e consider
erson to re
rdered on
onger appr
Repeatable
e has issu
Prescription
Prescription
comes to
rom the Lis
he prescrip
criber has
n accordan
otify that pe
who has iss
person m
y the Chem
d to provid
piry of that
e consider
erson to re
rdered on
ppropriate
Repeatable
e issues o
espect of th
Prescription
sification: O
eated an E
as practica
its cancella
rs that it is
eceive the
his Electro
ropriate or
e Prescribin
ed the per
n in place o
n; or
his notice
st of Patien
ption was is
cancelled
ce with Cla
erson.
sued a Non
ust, as soo
mist that th
e Repeat D
Repeatabl
rs that it is
eceive the
his Repea
or safe fo
e Prescribin
or creates a
he person
n other tha
Official
Electronic R
ble arrang
ation if, bef
no longer
drugs, me
onic Repea
safe for hi
ng Service
rson with a
of the Elec
that that p
nts of the C
ssued.
a person’s
ause 23.5
n-Electron
on as prac
at Repeata
Dispensing
le Prescrip
no longer
drugs, me
atable Pres
r him to co
ng Service
a further R
to replace
n in the cir
Repeatable
e with the
fore the ex
appropriat
dicines or
atable Pres
m to contin
s;
Non-Elect
tronic Rep
person has
Contractor
s Electronic
he must, a
ic Repeata
ticable, ma
able Presc
g Services
ption:
appropriat
dicines or
scription or
ontinue to r
s;
epeatable
the origina
rcumstance
e Prescript
Electronic
xpiry of tha
te or safe f
Appliance
scription or
nue to rece
tronic Rep
peatable
been rem
on whose
c Repeata
as soon as
able Presc
ake reason
cription sho
to that pe
te or safe f
Appliance
r no longer
receive
Prescriptio
al Repeata
es referred
37
tion for
c
at
for that
es
r no
eive
peatable
oved
behalf
ble
ription
nable
ould no
rson, if,
for that
es
r
on in
able
d to in
23.8
24
24.1
24.2
23.7
Whe
Pres
beha
Rep
Disp
Re
Pra
In th
unde
Med
drug
the S
med
the p
cont
med
treat
In th
unde
Med
drug
the S
med
Patie
C
o
C
7.3 it
fr
th
ere the circ
scriber mu
alf the Non
peatable Pr
pensing Se
estrictio
actition
he course o
er the Con
dicines Vou
g, medicine
Secretary
dicines or o
provision o
tract but m
dicine or ot
tment unde
he course o
er the Con
dicines Vou
g, medicine
Secretary
dicine or ot
ents and s
Class
Clause 22.3
btain the d
Chemist); o
comes to
rom the Lis
he prescrip
cumstance
st as soon
n-Electroni
rescription
ervices.
ons on P
ners
of treating
ntract, a me
ucher, a Pr
e or other s
of State un
other subst
of medical
may, subjec
ther substa
er a private
of treating
ntract, a me
ucher, a Pr
e or other s
of State un
ther substa
specified pu
sification: O
3 (for exam
drugs, med
or
his notice
st of Patien
ption was is
es in Claus
n as practic
c Repeata
should no
Prescrib
a Patient t
edical prac
rescription
substance
nder sectio
tances whi
services u
ct to Clause
ance for tha
e arrangem
a Patient t
edical prac
rescription
substance
nder sectio
ance which
urposes un
Official
mple, becau
dicines or A
that that p
nts of the C
ssued.
es 23.7.1 t
cable notify
able Prescr
o longer be
bing by
to whom he
ctitioner sh
Form or R
specified
on 88 of the
ich may no
under a gen
e 49.1.1.2,
at Patient
ment.
to whom he
ctitioner sh
Form or R
specified
on 88 of the
h can only
nless:
use the pe
Appliances
person has
Contractor
to 23.7.3 a
y the perso
ription was
used to ob
Medica
e is provid
all not orde
Repeatable
in any dire
e 2006 Act
ot be order
neral medi
prescribe
in the cour
e is provid
all not orde
Repeatable
in any dire
e 2006 Act
be ordered
erson wishe
s from a dif
been rem
on whose
apply, the
on on whos
s issued tha
btain Repe
al
ing treatm
er on a Lis
e Prescript
ections give
t as being
red for Pat
cal service
such a dr
rse of that
ing treatm
er on a Lis
e Prescript
ections give
t as being
d for specif
38
es to
fferent
oved
behalf
se
at that
eat
ent
sted
ion a
en by
drugs,
ients in
es
ug,
ent
sted
ion a
en by
a drug,
fied
24.3
24.4
24.2
24.2
24.2
In th
unde
Rep
24.3
24.3
but m
that
In th
unde
Rep
Misu
spec
but m
Patie
2.1 th
2.2 th
th
2.3 if
in
(i
(i
b
m
o
he course o
er the Con
peatable Pr
3.1 th
th
3.2 th
re
may, subje
Patient in
he course o
er the Con
peatable Pr
use of Drug
cified in Sc
may, subje
ent in the c
Class
hat Patient
hat drug, m
hat Patient
the order
ncludes:
) the re
i) if the
Secre
distri
refere
ut may, su
medicine or
f that treat
of treating
ntract, a me
rescription
he Patient
he applicab
he practitio
eference “S
ect to Clau
the course
of treating
ntract, a me
rescription
gs Act 197
chedule 4 o
ect to Clau
course of t
sification: O
t is a perso
medicine or
t only for th
is on a Pre
eference “
e order is u
retary of St
bution of a
rence “ACP
ubject to Cl
r other sub
tment unde
a Patient t
edical prac
a Restrict
is a person
ble Drug T
oner includ
SLS”;
se 49.1.1.2
e of that tre
a Patient t
edical prac
a controlle
71, other th
or 5 of the
se 49.1.1.2
that treatm
Official
on of the sp
r other sub
he specified
escription F
SLS”, or
nder arran
tate or the
a Listed Me
P”,
lause 49.1
bstance for
er a private
to whom he
ctitioner sh
ed Availab
n, or it is fo
ariff; and
es on the P
2, prescrib
eatment un
to whom he
ctitioner sh
ed drug wit
han a drug
Misuse of
2, prescrib
ment under
pecified de
bstance is p
d purpose;
Form, the p
ngements m
Commissio
edicine free
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that Patie
e arrangem
e is provid
all not orde
bility Applia
or a purpos
Prescriptio
be such an
nder a priv
e is provid
all not orde
thin the me
which is fo
Drugs Reg
be such a d
a private a
escription;
prescribed
; and
practitione
made by th
oner for th
e of charge
cribe such
ent in the co
ment.
ing treatm
er on a
ance unles
se, specifie
on Form wi
Appliance
vate arrang
ing treatm
er on a
eaning of t
or the time
gulations 2
drug for tha
arrangeme
39
for
er
he
he
e, the
a drug,
ourse
ent
s:
ed in
th the
e for
gement.
ent
the
e being
2001,
at
ent.
24.5
24.6
25
25.1
25.2
Noth
cou
sub
a co
Act
Whe
pres
spe
may
for a
Reg
Ser
Re
Pre
Whe
and
have
will:
25.1
25.1
25.1
as a
Clau
The
25.2
hing in Cla
urse of trea
bstance or,
ontrolled d
1971 for t
ere under C
scribed un
ecified in Sc
y be transm
a drug spe
gulations 2
rvice.
estrictio
escribe
ere the Con
that perso
e arrangem
1.1 is
m
1.2 a
a
1.3 g
M
a Suppleme
use 25.2.
conditions
2.1 th
R
Class
uses 24.1
ating a Pati
as the cas
rug within
he treatme
Clause 24.
der a priva
chedule 2
mitted by th
ecified in S
2001, it mu
ons on P
ers
ntractor em
on’s functio
ments in pl
ssue or cre
medicine;
dminister a
dministrati
ive directio
Medicine fo
entary Pre
s referred t
he person s
Regulation
sification: O
to 24.4 pre
ient, from p
se may be
the meani
ent of that
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ate arrange
or 3 of the
he Electric
chedule 2
st be trans
Prescrib
mploys or e
ons include
ace to sec
eate a pres
a prescript
ion; or
ons for the
or parentera
scriber on
to in Claus
satisfies th
215 of the
Official
events a m
prescribing
, a restricte
ng of secti
Patient und
medicine o
ement, and
e Misuse of
cal Prescrip
or 3 of the
smitted by
bing by
engages a
e prescribin
cure that a
scription fo
tion only m
administra
al administ
ly under th
se 25.1 are
he applicab
Human M
medical pra
g a drug, m
ed availab
on 2 of the
der a priva
or other su
d the Orde
f Drugs Re
ption Servi
e Misuse of
the Electro
Supple
Suppleme
ng, the Con
Suppleme
r a prescrip
medicine for
ation of a P
tration,
he condition
e that:
ble conditio
Medicines R
actitioner, i
medicine or
ility applian
e Misuse o
ate arrange
ubstance is
er is not for
egulations
ce. If the o
f Drugs
onic Presc
ementar
entary Pres
ntractor sh
entary Pres
ption only
r parentera
Prescriptio
ns set out
ons set out
Regulations
40
n the
r other
nce or
of Drugs
ement.
s
r a drug
2001, it
order is
ription
ry
scriber
hall
scriber
al
n Only
in
t in
s 2012
26
26.1
25.2
25.2
Ar
Whe
the C
(p
P
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p
2.2 th
a
se
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th
se
2.3 th
a
se
o
P
2
2
2
rangem
ere the fun
Contractor
Class
prescribing
Prescribers
f any of the
rovisions o
he drug, m
ny directio
ection 88 o
ther substa
he provisio
ervices co
he drug, m
ny directio
ection 88 o
ther substa
Patients and
5.2.3.1
5.2.3.2
5.2.3.3
ments fo
ctions of a
r shall have
sification: O
g and admi
s), unless th
e exemptio
of those Re
edicine or
ons given b
of the 2006
ance which
on of medic
ntract;
edicine or
ons given b
of the 2006
ance which
d specified
the Patie
descriptio
the medi
for the sp
if the Sup
creating
includes
reference
Medicine
by the Se
for the m
the refere
or Supp
a Suppleme
e arrangem
Official
inistration
hose cond
ons set out
egulations;
other subs
by the Secr
6 Act as be
h may not
cal services
other subs
by the Secr
6 Act as be
h can only
d purposes
ent is a per
on;
cine is pre
pecified pu
pplementa
on a Presc
on the Pre
e “SLS” or,
e ordered u
ecretary of
medicine’s d
ence “ACP
lementa
entary Pre
ments in pl
by Supplem
itions do n
t in the sub
;
stance is n
retary of St
eing a drug
be ordered
s under a g
stance is n
retary of St
eing a drug
be ordere
s unless:
son of the
scribed for
urposes; an
ry Prescrib
cription Fo
escription F
, in the cas
under arran
f State or th
distribution
P”.
ary Pres
scriber inc
ace to sec
mentary
not apply by
bsequent
not specifie
tate under
g, medicine
d for Patie
general me
not specifie
tate under
g, medicine
ed for spec
specified
r that Patie
nd
ber is issui
rm, the pre
Form the
se of a List
ngements
he Commi
n free of ch
scribers
clude presc
cure that th
41
y virtue
ed in
r
e or
nts in
edical
ed in
r
e or
ified
ent only
ng or
escriber
ted
made
ssioner
harge,
s
cribing,
hat
27
27.1
pers
med
Pres
Co
The
the S
man
cont
27.1
27.1
27.1
27.1
27.1
27.1
27.1
son will onl
dicine whic
scriber und
ondition
conditions
Supplemen
nagement p
tains the fo
1.1 th
1.2 th
S
1.3 th
to
a
1.4 re
o
u
1.5 a
a
u
a
a
1.6 re
to
m
1.7 th
2
Class
y issue or
ch is not a p
der the con
ns apply
s referred t
ntary Pres
plan which
ollowing pa
he name of
he illness o
Supplemen
he date on
o be review
party to th
eference to
f Appliance
nder the p
ny restricti
ny medicin
nder the p
ny medicin
dministere
elevant wa
o, or known
medicines o
he arrange
7.1.7.1
sification: O
create a p
prescriptio
nditions se
ying to C
to in Claus
criber acts
h is in effec
articulars:
f the Patie
or condition
tary Presc
which the
wed by the
he plan;
o the class
es which m
plan;
ions or lim
ne which m
plan, and a
ne or Appli
ed under th
arnings abo
n difficultie
or Applianc
ements for
suspecte
medicine
administe
Official
prescription
n only med
t out in Cla
Clause
se 26 are th
s in accord
ct at the tim
nt to whom
ns which m
criber;
plan is to
medical p
s or descrip
may be pre
itations as
may be pre
ny period o
ance whic
he plan;
out known
es of the Pa
ces;
notification
ed or know
e which ma
ered under
n for an Ap
dicine as a
ause 27.
26
hat:
ance with
me he acts
m the plan
may be trea
take effect
ractitioner
ption of me
escribed or
to the stre
scribed or
of administ
h may be p
sensitivitie
atient with,
n of:
n adverse
ay be presc
r the plan,
ppliance or
a Suppleme
a clinical
and which
relates;
ated by the
t, and whe
r or dentist
edicines or
r administe
ength or do
administe
tration or u
prescribed
es of the P
, particular
reactions
cribed or
and suspe
42
a
entary
h
e
en it is
who is
types
ered
ose of
red
use of
d or
atient
r
to any
ected or
27.2
27.3
27.4
he h
relat
party
if it i
med
the S
med
the p
if it i
med
the S
med
Patie
27.4
27.4
27.4
2
2
has access
tes which a
y to the pla
s a prescri
dicine or ot
Secretary
dicine or ot
provision o
s a prescri
dicine or ot
Secretary
dicine or ot
ents and s
4.1 th
4.2 th
s
4.3 w
P
Class
7.1.7.2
7.1.7.3
s to the hea
are used b
an;
iption for a
ther substa
of State un
ther substa
of medical
iption for a
ther substa
of State un
ther substa
specified pu
he Patient
he medicin
pecified pu
when issuin
Prescription
sification: O
known ad
medicine
medicine
plan; and
incidents
might lea
death or
health of
the circu
Prescribe
of, the m
party to t
alth record
by any med
a drug, med
ance is not
nder sectio
ance which
services u
a drug, med
ance is not
nder sectio
ance which
urposes un
is a person
ne is prescr
urposes; a
ng or creat
n Form, the
Official
dverse rea
e taken at t
e prescribe
d
s occurring
ad, might h
serious de
f the Patien
mstances
er should r
edical prac
the plan;
ds of the Pa
dical practi
dicine or o
t specified
on 88 of the
h may not b
under the C
dicine or o
t specified
on 88 of the
h can only
nless:
n of the sp
ribed for th
nd
ing a presc
e reference
actions to a
the same t
d or admin
with the A
have led or
eterioration
nt; and
in which th
refer to, or
ctitioner or
atient to wh
tioner or d
ther substa
in any dire
e 2006 Act
be ordered
Contract;
ther substa
in any dire
e 2006 Act
be ordered
pecified des
hat Patient
cription he
e “SLS”;
any other
time as any
nistered un
Appliance w
r has led to
n of state o
he Supplem
seek the a
r dentist wh
hom the pl
entist who
ance, that
ections give
t as being
d for Patien
ance, that
ections give
t as being
d for specif
scription;
only for th
includes o
43
y
nder the
which
o the
of
mentary
advice
ho is a
lan
o is a
drug,
en by
a drug,
nts in
drug,
en by
a drug,
fied
he
on the
27.5
27.6
27.7
28
28.1
if it i
the D
if it i
27.6
27.6
27.6
In C
may
indiv
27.7
27.7
27.7
Bu
Whe
28.1
28.1
s a prescri
Drug Tariff
s a prescri
6.1 th
e
A
6.2 th
in
6.3 w
p
Clause 27.1
y be amend
vidual Patie
7.1 th
7.2 th
p
7.3 a
d
ulk Pres
ere:
1.1 th
tr
in
re
1.2 a
p
d
a
Class
iption for a
f; and
iption for a
he Patient
ntry in Par
Appliance;
he Applianc
n respect o
when issuin
rescription
1 “clinical m
ded from ti
ent agreed
he Patient
he medical
lan; and
ny Supple
irections fo
scribing
he Contrac
reatment o
nstitution in
eside; and
Prescribe
ersons for
rugs, med
pplies,
sification: O
an Applianc
a Restricted
is a person
rt IX of the
ce is presc
of that pers
ng or creat
n form the r
manageme
ime to time
d by:
to whom th
l practitione
mentary P
or administ
g
ctor is resp
of ten (10) o
n which at
r orders, fo
r whose tre
icines or A
Official
ce, the App
d Availabil
n of a desc
Drug Tarif
cribed only
son in that
ing a presc
reference “
ent plan” m
e) relating t
he plan rel
er or denti
Prescriber w
tration or a
ponsible un
or more pe
least twen
or any two
eatment the
Appliances
pliance is l
ity Applian
cription me
ff in respec
y for the pu
entry; and
cription he
“SLS”.
means a wri
to the treat
ates;
st who is a
who is to p
administer
nder the Co
ersons in a
ty (20) per
(2) or mor
e Contracto
to which th
isted in Pa
nce:
entioned in
ct of that
urposes sp
includes o
itten plan (
tment of a
a party to th
prescribe, g
under the
ontract for
a school or
rsons norm
re of those
or is respo
his Clause
44
art IX of
the
ecified
on the
(which
n
he
give
plan.
the
other
mally
e
onsible,
e 28
28.2
28.3
29
29.1
29.2
the
the p
Whe
the p
the f
App
28.2
28.2
Clau
supp
Serv
28.3
28.3
Ex
The
who
char
that
Patie
In co
unde
seek
whic
Prescriber
purpose.
ere a Presc
purpose m
form the na
liances are
2.1 th
re
2.2 th
th
uses 28 ap
plied as pa
vices and w
3.1 in
d
a
1
3.2 in
p
xcessive
Contracto
ose cost or
racter of th
which was
ent.
onsidering
er Clause
k the views
ch the Con
Class
may use a
criber uses
mentioned i
ames of th
e ordered)
he name of
eside; and
he number
he Contrac
pplies to an
art of pharm
which:
n the case
escription
n order ma
968 (medic
n the case
roduct.
e Presc
or shall not
quantity, i
he drug, me
s reasonab
whether th
29.1 the C
s of the Lo
tractor pro
sification: O
a single No
s a single N
n Clause 2
he persons
enter on t
f the schoo
r of person
ctor is resp
ny drug, me
maceutical
of a drug o
or class w
ade under
cinal produ
of an Appl
ribing
prescribe
n relation t
edicine or
bly necess
he Contrac
Commission
cal Medica
oviders the
Official
on-Electron
Non-Electr
28.1.2, he
for whom
he form:
ol or institu
s residing
ponsible.
edicine or
services o
or medicin
which is for
section 58
ucts on pre
liance, doe
drugs, me
to any Pat
Appliance
ary for the
ctor has br
ner may, if
al Committ
Services.
nic Prescri
ronic Presc
shall (inste
the drugs,
ution in whi
there for w
Appliance
or Local Ph
e, is not a
the time b
8(1) of the
escription o
es not cont
edicines or
ient, is, by
in questio
proper tre
reached its
f the Contra
tee (if any)
iption Form
cription Fo
ead of ente
, medicine
ich those p
whose trea
which can
harmaceut
product of
being speci
Medicines
only); or
tain such a
Appliance
reason of
n, in exces
eatment of
s obligation
actor cons
) for the are
45
m for
rm for
ering on
s or
persons
tment
n be
tical
f a
fied in
Act
a
es
the
ss of
that
ns
sents,
ea in
30
30.1
30.2
31
31.1
Pro
Im
Subj
30.1
30.1
but
if it i
Noth
med
Med
Pa
Per
Exce
serv
31.1
31.1
31.1
31.1
ovision
mediate
ject to Cla
1.1 s
n
n
p
1.2 m
n
e
a
shall, in ei
s for a per
hing in Cla
dicine to a
dicines Act
atients
rsons to
ept where
vices, the C
1.1 R
1.2 T
1.3 p
e
1.4 a
re
Class
of Drug
e Treatm
use 30.2, t
hall provid
ot being a
eeded for
rovision ca
may provide
ot being a
ngaged by
pplies to th
ther case,
rson or a p
use 30.1 a
Patient oth
1968, or a
whom S
specifically
Contractor
Registered
Temporary
ersons to w
mergency
ny person
egulation 3
sification: O
gs, Med
ment or
the Contra
e to a Pati
Scheduled
the immed
an otherwis
e to a Patie
Scheduled
y the Contr
hat Patient
provide a
purpose spe
authorises
herwise tha
any regulat
Services
y stated ot
shall provi
Patients;
Residents
whom the
or immedi
for whom
30 of the G
Official
dicines
r Person
actor:
ent any dr
d Drug, wh
diate treatm
se be obta
ent any dru
d Drug, wh
ractor pers
t,
a Restricted
ecified in t
a person t
an in accor
tions or ord
are to be
therwise in
ide Service
s;
Contractor
iately nece
the Contra
GMS Contra
and Ap
nal Adm
rug, medici
here such p
ment of tha
ined; and
ug, medicin
hich a pers
sonally adm
d Availabil
he Drug Ta
to supply a
rdance with
ders made
e provide
respect of
es under th
r is require
essary trea
actor is res
acts Regul
ppliance
ministra
ine or App
provision is
at Patient b
ne or Appl
son employ
ministers o
ity Applian
ariff.
any drug or
h Part 3 of
e under tha
ed
of particular
he Contrac
ed to provid
atment;
sponsible u
lations;
46
es for
ation
liance,
s
before a
iance,
yed or
r
nce only
r
f the
at Act.
r
ct to:
de
under
31.2
31.3
31.4
31.5
31.6
31.7
31.1
31.1
Pat
The
serv
Sche
Whe
31.3
31.3
the
agre
Reg
Whe
cons
Area
appl
of th
List
The
Not
The
Patie
31.7
1.5 a
u
1.6 a
p
tient Reg
Contracto
vices in the
edule 2.
ere a Patie
3.1 m
3.2 w
Patient ma
ees, notwit
gistration A
ere a Patie
sequence
a as part o
lication of a
hat Patient
t of Patie
Contracto
used.
Commissi
ents:
7.1 w
its
h
C
Class
ny other pe
nder arran
ny other pe
rovide Ser
gistration
or is respon
e Patient R
ent:
moves into
wishes to re
ay remain o
hstanding
Area.
ent remains
of Clause
f the Patie
any other t
.
ents
or’s List of P
ioner shall
who have b
s List of Pa
ave not su
Clauses 31
sification: O
erson to w
ngements m
erson to w
rvices unde
n Area
nsible for th
Registration
the Outer
emain on t
on the List
that the Pa
s on the Co
31.3, the P
ent Registra
terms and
Patients is
prepare a
been accep
atients und
ubsequentl
.23 to 31.5
Official
whom the C
made with
whom the C
er the Con
he provisio
n Area whic
Boundary
he Contrac
of Patient
atient no lo
ontractor’s
Parties sha
ation Area
conditions
open.
and keep u
pted by the
der Clause
y been rem
58; and
Contractor
another C
Contractor
tract.
on of prima
ch is define
Area to re
ctor’s List o
s if the Co
onger resid
List of Pat
all treat the
for the pur
s of the Co
p to date a
e Contracto
s 31.8 to 3
moved from
is respons
Contractor;
has agree
ary healthc
ed in Anne
eside; and
of Patients
ontractor so
des in the
tients as a
e Outer Bo
rposes of t
ontract in re
a List of the
or for inclus
31.12 and w
m that list
47
sible
and
d to
care
ex 1 of
s,
o
Patient
a
undary
the
espect
e
sion in
who
under
31.8
31.9
31.10
31.11
31.7
App
The
for in
whe
the t
or C
The
appl
Imm
resid
appl
serv
Subj
List
med
pers
An a
31.1
7.2 w
3
s
plication
Contracto
nclusion in
ether or not
time of tha
Contractor o
Contracto
lication for
mediate Fam
dent in the
lication, in
vices.
ject to Cla
of Patients
dical card o
son authori
application
11.1 o
3
3
3
Class
who have b
1.101, to 3
ubsequent
n for inclu
or may, if its
n its List of
t resident i
at applicatio
of primary
or may, if its
inclusion i
mily Memb
Patient Re
the List of
use 31.11,
s shall be m
or an applic
ised by the
may be m
n behalf of
1.11.1.1
1.11.1.2
1.11.1.3
sification: O
been assign
31.104 and
tly been re
usion in
s List of Pa
Patients m
n the Patie
on, in the L
medical se
s List of Pa
in its List o
ber of a Re
egistration
f Patients o
, an applic
made by d
cation sign
e applicant
made:
f any Child
by either
parents,
care of th
by a pers
authority
committe
by a pers
organisa
Official
ned to the
d whose as
escinded.
a List of
atients is o
made by or
ent Registr
List of Patie
ervices.
atients is c
of Patients
egistered P
n Area or in
of another
ation for in
elivering to
ned (in eith
t to sign on
d:
r parent, or
the guardi
he Child;
son duly au
to whose
ed under th
son duly au
tion by wh
Contracto
ssignment
f Patients
open, acce
r on behalf
ration Area
ents of ano
closed, only
from a per
Patient whe
ncluded, at
provider of
nclusion in
o the Pract
her case) b
n his behalf
r in the abs
an or othe
uthorised b
care the C
he Children
uthorised b
ich the Ch
r under Cla
has not
s
pt an appl
f of any pe
a or include
other Cont
y accept a
rson who i
ether or no
t the time o
f primary m
the Contra
tice Premis
by the appl
f.
sence of bo
er adult who
by a local
Child has b
n Act 1989
by a volunt
ild is being
48
auses
ication
rson,
ed, at
tractor
n
s an
ot
of that
medical
actor’s
ses a
icant or
oth
o has
een
9; or
tary
g
31.12
31.13
31.14
31.1
Whe
of P
31.1
31.1
Tem
The
Tem
31.1
31.1
For
temp
11.2 o
a
m
p
a
th
C
ere the Con
atients, it s
12.1 n
la
th
re
p
co
12.2 re
b
mporary
Contracto
mporary Re
13.1 te
re
(o
lo
13.2 m
re
the purpos
porarily res
Class
n behalf of
n applicati
made on the
rimary care
ttorney gra
hat person
Capacity Ac
ntractor ha
shall:
otify the Pa
acks capac
heir behalf)
eceive serv
erformer e
ondition; a
ecord in wr
ehalf of the
Residen
or may, if its
esident pro
emporarily
esidence a
or their equ
ocality whe
moving from
esident in a
ses of Clau
sident in a
sification: O
accommo
Act; or
f any adult
on, or to a
eir behalf,
rer of that p
anted by th
by the cou
ct 2005.
as accepte
atient (or,
city, the pe
) of the Pa
vices from
either gene
and
riting any s
e Patient.
nts
s List of Pa
ovided it is
resident a
and is not b
uivalent) u
ere he is te
m place to
any place.
use 31.13,
place if, w
Official
odated und
t who lacks
authorise su
by a relati
person, a d
hat person
urt under th
d an applic
in the case
erson who m
atient’s righ
a particula
erally or in
such prefer
atients is o
satisfied th
away from
being provi
nder any o
emporarily
place and
a person s
when he ar
der the pro
s the capac
uch an app
ve of that p
donee of a
or a deput
he provisio
cation for i
e of a Child
made the a
ht to expres
ar performe
relation to
rence expr
open, acce
hat the per
his normal
ided with E
other arran
residing; o
not for the
shall be re
rives in tha
ovisions of
city to mak
plication to
person, the
lasting po
ty appointe
ons of the M
nclusion in
d or an adu
application
ss a prefer
er or class
any partic
ressed by
pt a perso
rson is:
l place of
Essential S
ngement in
or
e time bein
garded as
at place, he
49
that
ke such
o be
e
wer of
ed for
Mental
n its List
ult who
n on
rence to
s of
ular
or on
n as a
Services
the
g
e
31.15
31.16
31.17
31.18
31.19
31.20
inten
than
Whe
acce
or su
Patie
and
date
At th
resp
notif
Tem
Ref
Pat
The
31.8
relat
orien
The
appl
the a
the O
If the
31.1
appl
pers
and
The
mad
shal
nds to stay
n three (3)
ere the Con
epted as a
uch shorte
ent, the Co
its respon
e on which
he end of t
ponsibility f
fy the Com
mporary Re
fusal of a
tients or
Contracto
8 to 31.16 i
te to the ap
ntation, ap
reasonabl
lications m
applicant d
Outer Bou
e Contract
.6, it shall
licant (or, i
son making
the reason
Contracto
de under C
l make this
Class
y there for
months.
ntractor wi
Temporar
er period fo
ontractor s
sibility for
the notific
hree (3) m
for the Pati
mmissioner
esident.
applicati
for acce
or shall only
if it has rea
pplicant’s r
ppearance,
le grounds
made under
does not liv
ndary Area
tor refuses
, within fou
n the case
g the applic
n for it.
or shall kee
Clauses 31.
s record av
sification: O
more than
shes to ter
ry Residen
or which it h
shall notify
that perso
cation was
months, or o
ient has co
r in writing
ons for i
eptance a
y refuse an
asonable g
race, gend
disability
s referred t
r Clauses 3
ve in the P
a.
an applica
urteen (14)
e of a Child
cation on t
ep a written
.8 to 31.12
vailable to
Official
twenty fou
rminate its
nt before th
had agreed
the Patien
n shall cea
given.
on such ea
ome to an
of any per
inclusion
as a Tem
n applicatio
grounds for
der, social c
or medical
o in Clause
31.8 to 31.
atient Reg
ation made
) days of its
d or an adu
their behalf
n record of
2 and of the
the Comm
ur (24) hou
responsib
he end of th
d to accept
t either ora
ase seven
arlier date a
end, the C
son whom
n in the L
mporary R
on made u
r doing so w
class, age,
l condition.
e 31.17 sh
12 include
gistration A
e under Cla
s decision,
ult who lack
f) in writing
f refusals o
e reasons f
missioner o
urs but not
bility for a p
hree (3) mo
pt him as a
ally or in w
(7) days a
as its
Contractor s
m it accepte
List of
Resident
under Claus
which do n
, religion, s
.
hall, in the c
e the groun
Area, or live
auses 31.8
, notify the
ks capacity
g of the ref
of applicatio
for them a
on request.
50
more
person
onths
writing
after the
shall
ed as a
t
ses
not
sexual
case of
nd that
es in
8 to
y, the
fusal
ons
and
31.21
31.22
31.23
31.24
31.25
Pat
Whe
of P
31.2
31.2
The
prefe
prefe
31.2
31.2
Rem
The
for r
Whe
unde
remo
pers
A re
31.2
tient pref
ere the Con
atients, it s
21.1 n
la
b
re
p
co
21.2 re
b
Contracto
erence exp
erred perfo
22.1 h
th
22.2 d
th
movals f
Contracto
removal fro
ere the Com
er Clause
oved from
son from th
emoval und
25.1 o
n
p
Class
ference o
ntractor ha
shall:
otify the Pa
acks capac
ehalf) of th
eceive serv
erformer e
ondition; a
ecord in wr
ehalf of the
or must end
pressed un
ormer:
as reasona
he person w
oes not ro
he Contrac
rom the
or shall noti
om its List o
mmissione
31.23, or r
the Contra
he Contrac
der Clause
n the date
otification
rovider of
sification: O
of practit
as accepte
atient (or,
city, the pe
he Patient’s
vices from
either gene
and
riting any s
e Patient.
deavour to
nder Claus
able groun
who expre
utinely per
ctor's pract
list at th
ify the Com
of Patients
er receives
receives a
actor’s List
ctor’s List o
31.24 sha
on which
of the regi
Essential S
Official
tioner
d an applic
in the case
erson makin
s right to e
a particula
erally or in
such prefer
comply w
se 31.21 bu
nds for refu
essed the
rform the s
tice.
he reques
mmissione
s received
s notificatio
request fro
t of Patient
of Patients.
all take effe
the Comm
stration of
Services (
cation for i
e of a Child
ng the app
express a p
ar performe
relation to
rence expr
ith any rea
ut need no
using to pro
preference
service in q
st of the
r in writing
from a Reg
on from the
om the Pat
ts, it shall r
ect:
missioner re
the person
or their eq
nclusion in
d or an adu
plication on
preference
er or class
any partic
ressed by
asonable
ot do so if t
ovide servi
e; or
question wi
Patient
g of any req
gistered P
e Contracto
tient to be
remove tha
eceives
n with anot
quivalent);
51
n its List
ult who
n their
to
s of
ular
or on
he
ices to
ithin
quest
atient.
or
at
ther
or
31.26
31.27
31.28
31.2
whic
The
31.2
31.2
that
Con
In C
31.6
notif
rece
to:
31.2
31.2
Rem
Subj
grou
whic
relig
the C
25.2 fo
o
is
chever is th
Commissi
26.1 s
26.2 th
the Patien
ntractor’s L
Clauses 31.
61 a refere
fication req
eived from
27.1 in
p
27.2 in
m
in
P
a
th
C
movals f
ject to Cla
unds for wi
ch do not r
gion, sexua
Contractor
Class
ourteen (14
r request m
s received
he sooner.
ioner shall
ubject to C
he Contrac
nt’s name w
ist of Patie
.26, 31.28.
nce to a re
quired to be
or advice,
n the case
erson refe
n the case
make the re
nformation
Primary Ca
ttorney gra
hat person
Capacity Ac
rom the
uses 31.36
shing a Pa
elate to the
al orientatio
r shall:
sification: O
4) days aft
made unde
by the Com
.
, as soon a
Clause 31.2
ctor
will be or h
ents on the
.2, 31.35.1
equest rece
e given to,
informatio
of a Patien
erred to in C
of an adul
elevant req
or notifica
rer of that
anted by th
by the cou
ct 2005.
list at th
6 to 31.43,
atient to be
e applican
on, appear
Official
er the date
er Clauses
mmissione
as practica
27, the Pat
has been re
e date refer
, 31.41, 31
eived from
a Patient
on or notific
nt who is a
Clause 31.
t Patient w
quest or rec
ation, a rela
person, a
hat person
urt under th
he reques
where the
e removed
t’s race, ge
rance, disa
e on which
31.23 or 3
er,
able, notify
tient; and
emoved fro
rred to in C
1.42, 31.47
, or advice
shall inclu
cation requ
a Child, a p
11; or
who lacks th
ceive the r
ative of tha
donee of a
or a deput
he provisio
st of the
e Contracto
from its Li
ender, soc
ability or me
the notific
31.24 resp
y in writing:
om the
Clause 31.2
7 31.54 an
e, informati
de a reque
uired to be
parent or o
he capacit
relevant ad
at person, t
a lasting po
ty appointe
ons of the M
Contrac
or has reas
st of Patie
cial class, a
edical con
52
cation
ectively
25.
nd
ion or
est
given
ther
ty to
dvice,
the
ower of
ed for
Mental
ctor
sonable
nts
age,
dition,
31.29
31.30
31.31
31.32
31.33
31.2
31.2
Whe
appr
reas
trust
Clau
irrev
Con
Befo
31.2
of ad
unle
31.3
31.3
The
acco
give
The
31.2
the c
appl
and
on re
A re
Clau
28.1 n
P
28.2 s
s
ere the circ
ropriate for
sonable op
t between
use 31.28 m
vocable bre
tractor.
ore the Con
28, it shall,
ddress, iss
ess:
30.1 it
30.2 it
s
h
C
Contracto
ordance wi
en.
Contracto
28 which sh
circumstan
lies, the gr
the Contra
equest.
emoval req
use 31.34,
Class
otify the C
Patient rem
ubject to C
pecific rea
cumstance
r a more sp
pinion of the
the Patien
may consis
eakdown in
ntractor ca
except wh
sue a warn
is not reas
has reaso
uch a warn
ealth of the
Contractor,
or shall reco
ith Clause
or shall kee
hall include
nces of the
rounds for
actor shall
uested in a
take effec
sification: O
Commission
moved; and
Clause 31.2
sons for re
es of the re
pecific rea
e Contract
nt and the C
st of a stat
n the relati
an request
here the re
ning to the
sonably pr
onable grou
ning would
e Patient o
or other p
ord in writi
31.30 or t
ep a written
e the reaso
e removal a
a more sp
make this
accordanc
ct from the
Official
ner in writin
29, notify t
equesting r
moval are
son to be g
tor, there h
Contractor
tement tha
onship bet
a removal
ason for re
Patient tha
racticable f
unds for be
d be harmfu
or would pu
ersons.
ng the dat
he reason
n record of
on for remo
and in case
ecific reas
record ava
e with Clau
date on w
ng that it w
he Patient
removal.
such that
given, and
has been a
, the reaso
t there has
tween the
in accorda
emoval rela
at he is at r
for it to do s
elieving tha
ul to the ph
ut at risk th
e of any w
why no su
f removals
oval given
es where C
on not bein
ailable to t
use 31.28
hich the pe
wishes to h
t in writing
it is not
d in the
a breakdow
on given un
s been an
Patient an
ance with C
ates to a c
risk of rem
so; or
at the issue
hysical or m
he safety o
warning give
uch warnin
under Cla
to the Pat
Clause 31.
ng approp
the Commi
shall, subj
erson is
53
ave the
of its
wn of
nder
d the
Clause
change
moval
e of
mental
of the
en in
g was
use
ient,
29
riate,
issioner
ect to
31.34
31.35
31.36
31.37
regis
equi
notic
Whe
Clau
than
writi
day
that
the B
prov
soon
The
31.3
31.3
that
Con
31.3
Rem
Whe
Patie
31.3
31.3
the C
31.3
The
31.3
stered with
ivalent), or
ce, whiche
ere, on the
use 31.33,
n seven (7)
ng of that f
after the C
the person
Board rece
vider of Ess
ner.
Commissi
35.1 s
35.2 th
the Patien
ntractor’s L
34.
moval of
ere the Con
ents with im
36.1 th
th
w
36.2 it
Contractor
37.
persons re
37.1 a
Class
h another p
r the eighth
ever is the s
date on w
the Contra
) days, the
fact and th
Commissio
n no longe
eives notifi
sential Ser
ioner shall
ubject to C
he Contrac
nt’s name h
ist of Patie
f violent
ntractor wi
mmediate
he Patient
he persons
way that an
has report
r shall notif
eferred to
medical p
sification: O
provider of
h day after
sooner.
which the re
actor is tre
Contracto
he removal
oner receiv
er needs su
cation that
rvices (or t
notify in w
Clause 31.2
ctor,
has been o
ents on the
Patients
shes a Pa
effect on t
has comm
s specified
ny such per
rted the inc
fy the Com
in Clause
practitioner
Official
f Essential
the Comm
emoval wo
ating the P
or shall info
l shall take
es notifica
uch treatme
t the perso
their equiva
writing:
28, the Pat
or will be re
e date refer
from the
tient to be
the ground
mitted an ac
in Clause
rson has fe
cident to th
mmissioner
31.36 are:
r;
Services (
missioner re
ould take ef
Patient at in
orm the Co
e effect on t
tion from th
ent, or on t
on is registe
alent), whic
tient; and
emoved fro
rred to in C
e list
removed f
s that:
ct of violen
31.37 or b
eared for h
e police,
in accorda
(or their
eceives th
ffect under
ntervals of
ommissione
the eighth
he Contrac
the date o
ered with a
chever is t
om the
Clause 31.3
from its Lis
nce against
behaved in
his safety; a
ance with C
54
e
r
f less
er in
(8th)
ctor
n which
another
the
33 or
st of
t any of
such a
and
Clause
31.38
31.39
31.40
31.41
31.3
31.3
31.3
31.3
31.3
Noti
telep
subs
purp
The
from
A re
at th
Com
Com
Whe
the C
of P
infor
31.4
31.4
37.2 in
th
37.3 in
b
37.4 a
37.5 a
p
C
37.6 a
th
o
fication un
phone or fa
sequently b
pose a faxe
Commissi
m the Contr
emoval req
he time the
mmissioner
mmissioner
ere, pursua
Commissio
atients wit
rm the Pat
41.1 it
41.2 it
s
h
C
Class
n the case
hat partner
n the case
eneficial o
ny membe
ny person
erform or a
Contract; or
ny other pe
he place w
r other Hea
nder Clause
ax but if no
be confirm
ed notificat
ioner shall
ractor unde
uested in a
e Contracto
r, or sends
r.
ant to Clau
oner that it
h immedia
ient conce
is not reas
has reaso
uch a warn
ealth of the
Contractor o
sification: O
of a Contr
rship;
of a Contr
owner of sh
er of the Co
employed
assist in th
r
erson pres
where the a
alth Care P
e 31.36 ma
ot given in
med in writin
tion is not
acknowle
er Clause 3
accordanc
or makes th
s or deliver
uses 31.36
t wishes to
ate effect, i
erned unles
sonably pr
onable grou
ning would
e Patient o
or other pe
Official
ract with a
ract with a
hares in tha
ontractor’s
or engage
he performa
sent on the
attendance
Profession
ay be give
writing suc
ng within s
a written o
dge in writ
31.36.
e with Clau
he telepho
s the notifi
to 31.40, t
have a Pa
t shall, sub
ss:
racticable f
unds for be
d be harmfu
or would pu
ersons.
partnershi
company,
at company
staff;
ed by the C
ance of Se
e Practice P
of the med
al occurs.
n by any m
ch notificat
seven (7) d
one).
ing receipt
use 31.36
ne call to t
cation to th
the Contra
atient remo
bject to Cla
for it to do s
elieving tha
ul to the ph
ut at risk th
p, any part
any legal
y;
Contractor
ervices und
Premises o
dical pract
means inclu
tion shall
days (and f
t of a reque
shall take
the
he
actor has n
oved from
ause 31.41
so; or
at the issue
hysical or m
he safety o
55
tner in
and
to
der the
or in
titioner
uding
for this
est
effect
otified
its List
,
e of
mental
of the
31.42
31.43
31.44
31.45
31.46
31.47
Whe
List
Clau
Whe
acco
the P
this
Rem
The
Patie
prov
has
Hea
been
equi
A re
on w
with
agre
The
remo
Rem
Subj
pers
Patie
31.3
31.4
31.4
ere the Com
of Patients
use 31.37,
ere a Patie
ordance wi
Patient’s m
Clause an
movals f
Commissi
ents if that
vider of Ess
received n
alth and So
n registere
ivalent) ou
emoval in a
which notifi
the conse
eed betwee
Commissi
oved from
movals f
ject to Cla
son on the
ent Regist
37:
47.1 in
n
47.2 a
a
Class
mmissione
s in accord
give writte
ent is remov
ith Clauses
medical rec
nd the circu
rom the
ioner must
t Patient ha
sential Ser
notice from
ocial Servic
ed with a pr
tside Engla
accordance
ication of a
ent of the C
en the Con
ioner shall
its List of
rom list
use 31.48,
Contracto
ration Area
nform that
o longer o
dvise the P
greement
sification: O
er has rem
dance with
en notice o
ved from t
s 31.36 to
cords that t
umstances
list by th
t remove a
as subsequ
rvices (or t
m a Health
ces Board t
rovider of
and.
e with Clau
acceptance
Commissio
ntractor an
notify the
Patients un
of patien
, where the
r’s List of P
a, the Com
Patient an
bliged to v
Patient eith
to the cont
Official
oved a Pa
Clause 31
of the remo
he Contrac
31.42, the
the Patient
leading to
he Comm
a Patient fro
uently bee
their equiva
Board, a L
that the Pa
Essential S
use 31.44 s
e by the ne
ner, on su
d the new
Contracto
nder Claus
nts who
e Commiss
Patients no
mmissioner
d the Cont
visit and tre
her to obta
tinued incl
tient from t
.40 it shal
oval to that
ctor’s List o
Contracto
t has been
o his remov
missione
om the Co
n registere
alent) withi
Local Healt
atient has s
Services (o
shall take e
ew provide
ch other da
provider.
r in writing
se 31.44.
have mo
sioner is sa
o longer re
r shall, subj
tractor that
eat the Pat
ain the Con
usion of th
the Contra
l, subject t
Patient.
of Patients
or shall rec
n removed
val.
er
ontractor’s
ed with ano
in England
th Board o
subsequen
or their
effect on th
r was rece
ate as has
g of person
oved
atisfied tha
esides in th
bject to Cla
t the Contr
tient;
ntractor’s
he Patient o
56
actor’s
to
s in
cord in
under
List of
other
d, or it
r a
ntly
he date
eived or
s been
s
at a
he
use
ractor is
on its
31.48
31.49
31.50
31.4
If, at
31.4
shal
subj
Whe
Patie
shal
31.4
31.4
Rem
Kin
The
Patie
31.5
31.5
L
p
47.3 in
d
C
a
re
t the expira
47.3, the C
l remove t
ect to Clau
ere the add
ents is no
l:
49.1 g
e
d
C
49.2 a
C
C
re
moval fro
ngdom et
Commissi
ents where
50.1 in
a
50.2 is
p
Class
ist of Patie
rovider of
nform the P
ays from th
Clause 31.4
dvice and
emove him
ation of the
ommission
he Patient
use 31.37,
dress of a
longer kno
ive to the C
nd of the p
ate of the
Contractor’s
t the end o
Contractor’s
Contractor s
esponsible
om the li
tc.
ioner shall
e it receive
ntends to b
t least thre
s in Armed
atient to w
sification: O
ents or to a
Essential S
Patient tha
he date of
47.2, he ha
informed i
m from the C
e period of
ner has no
t from the C
inform him
Patient wh
own to the
Contractor
period of si
notice, to r
s List of Pa
of that perio
s List of Pa
satisfies th
e for provid
ist of pat
remove a
es notificati
be away fro
ee (3) mon
Forces of
whom claus
Official
apply for re
Services (o
t if, after th
the letter o
as not acte
t according
Contractor
f thirty (30)
t been not
Contractor’
m and the C
ho is on the
Commissi
r notice in w
ix (6) mont
remove the
atients; and
od, remove
atients unle
he Commis
ing Essent
tients ab
Patient fro
ion that tha
om the Uni
ths;
the Crown
ses 31.142
egistration w
or their equ
he expiratio
of advice re
ed in accord
gly, the Co
r’s List of P
days refer
ified of the
’s List of P
Contractor
e Contracto
oner, the C
writing that
ths comme
e Patient fr
d
e the Patie
ess, within
ssioner tha
tial Service
bsent from
om the Con
at Patient:
ted Kingdo
n (except in
to 31.146
with anoth
uivalent); a
on of thirty
referred to
rdance with
ommissione
Patients.
rred to in C
e action tak
Patients and
r according
or’s List of
Commissio
t it intends
encing with
rom the
ent from th
that perio
at it is still
es to that P
m the Un
ntractor’s L
om for a pe
n the case
6 apply);
57
er
and
y (30)
in
h the
er will
Clause
ken, it
d,
gly.
oner
, at the
h the
e
d, the
Patient.
nited
List of
eriod of
of a
31.51
31.52
31.53
31.54
31.5
31.5
31.5
A re
31.5
31.5
The
remo
Rem
Tem
The
Patie
Con
whe
31.5
31.5
The
31.2
50.3 is
se
50.4 h
m
50.5 h
emoval in a
51.1 in
th
th
n
w
51.2 in
fr
n
Commissi
oved from
moval fro
mporary
Commissi
ent who ha
tractor or o
ere it is sati
53.1 th
h
53.2 th
re
A
Commissi
27, where p
Class
s serving a
entences t
as been ab
more than t
as died.
accordance
n the cases
he date of t
he date on
otification
whichever is
n the cases
rom the da
otification
ioner shall
its List of
om the L
Residen
ioner shall
as been ac
other provi
isfied, after
hat the Pat
as exceed
hat the Pat
esidence o
Area.
ioner shall
practicable
sification: O
prison sen
totalling in
bsent from
three (3) m
e with Clau
s referred t
the depart
which the
of the dep
s the later;
s referred t
ate on whic
of the abse
notify the
Patients un
List of Pa
nts
remove fr
ccepted as
ider of Ess
r due inqui
tient’s stay
ded three (3
tient has no
or any othe
notify the
e, the Patie
Official
ntence of m
the aggreg
m the United
months; or
use 31.50 s
to in Claus
ure, enlistm
Commiss
arture, enl
;
to in Claus
ch the Com
ence or de
Contracto
nder Claus
atients ac
rom the Co
s a Tempor
sential Serv
iry:
y in the plac
3) months;
ot returned
er place wit
Contracto
ent, of a re
more than
gate more
d Kingdom
shall take e
ses 31.50.1
ment or im
ioner first r
istment or
ses 31.50.4
mmissioner
eath.
r in writing
se 31.50.
ccepted
ontractor’s
rary Reside
vices (or th
ce of temp
; and
d to his nor
thin the Pa
r and, subj
moval und
two (2) ye
than that p
m for a peri
effect:
1 to 31.50.
mprisonmen
receives
imprisonm
4 and 31.5
r first receiv
g of Patient
elsewhe
List of Pat
ent by ano
heir equiva
porary resid
rmal place
atient Regis
ject to Cla
der Clause
58
ars or
period;
od of
3 from
nt or
ment
0.5
ves
ts
ere as
tients a
other
alent)
dence
of
stration
use
31.53.
31.55
31.56
31.57
31.58
31.59
A no
31.5
31.5
Rem
Whe
pupi
Con
part
by th
Whe
part
shal
of P
that
The
remo
Ter
with
Whe
31.5
otification t
55.1 h
h
th
T
55.2 th
moval fro
ere the Con
ils at, or st
tractor’s L
iculars of p
hat school
ere the Com
iculars me
l consult th
atients any
school.
Commissi
oved from
rmination
h the Co
ere the Con
59.1 h
se
3
3
Class
to the Patie
is entitlem
im of Esse
he Contrac
Temporary
he name, p
om a list
ntractor pr
aff of, a sc
ist of Patie
persons wh
.
mmissione
ntioned in
he Contrac
y persons
ioner shall
its List of
n of resp
ntractor
ntractor:
as receive
ervices oth
1.59.1.1
1.59.1.2
sification: O
ent under C
ent to mak
ential Servi
ctor by who
Resident;
postal and
t of pupil
rovides Ess
chool, the C
ents any su
ho are pup
er has mad
Clause 31
ctor as to w
appearing
notify the
Patients un
ponsibilit
ed an applic
her than Es
from a pe
Contracto
from a pe
Tempora
Official
Clause 31.
ke arrange
ices (or the
om he has
and
email add
ls at a sc
sential Ser
Commissio
uch patient
pils at, or st
de a reques
1.56 and ha
whether it s
on that lis
Contracto
nder Claus
ty for Pat
cation for t
ssential Se
erson who
or’s List of
erson who
ary Residen
54 shall in
ments for t
eir equivale
been treat
ress of the
chool etc
rvices unde
oner shall r
ts who do n
taff of, that
st to a sch
as not rece
should rem
t as pupils
r in writing
se 31.56
tients no
the provisio
ervices:
is not inclu
f Patients;
m it has no
nt; or
nform him o
the provisi
ent), includ
ted as a
e Commiss
c.
er the Con
remove fro
not appear
t school pr
ool to prov
eived them
move from
s at, or staf
g of Patient
ot registe
on of medi
uded in the
ot accepte
59
of:
on to
ding by
sioner.
tract to
om the
r on
rovided
vide the
m, it
its List
ff of,
ts
ered
ical
e
d as a
31.60
31.61
31.5
The
31.6
31.6
31.6
If the
Clau
reas
3
59.2 h
th
s
C
circumsta
60.1 th
w
q
60.2 in
te
p
o
C
b
q
60.3 it
3
3
e Contract
use 31.60.2
son for it.
Class
1.59.1.3
as accepte
he Service
hall be term
Clause 31.6
nces refer
he Patient
wishes it to
uestion;
n cases wh
erminating
erson’s rac
rientation,
Contractor i
e responsi
uestion; or
coming to
1.60.3.1
1.60.3.2
tor wishes
2, it shall n
sification: O
on behal
31.59.1.1
persons
ed that per
in questio
minated in
60.
rred to in C
informing t
be respon
here the Co
its respon
ce, gender
appearanc
informing t
ible for pro
r
o the notice
no longe
Area for
provide t
is no long
the other
Patients
the servic
to termina
notify the P
Official
f of a pers
1 and 31.5
specified i
rson as a P
on, its respo
the circum
Clause 31.5
the Contra
nsible for p
ontractor h
sibility whi
r, social cla
ce, disabili
the Patient
oviding him
e of the Co
r resides in
which the
he service
ger include
r contracto
the Contra
ce in ques
te its respo
Patient of th
on mention
9.1.2, from
n Clause 3
Patient for
onsibility fo
mstances re
59 are:
actor that h
rovision of
has reason
ch do not
ass, age, re
ity or medi
t that it no
m with the s
ontractor th
n the Patie
Contractor
; or
ed in the Li
r to whose
actor has a
tion.
onsibility fo
he termina
ned in Clau
m one of th
31.11; and
the provisi
or that Pat
referred to
he no longe
f the servic
able groun
relate to th
religion, se
ical conditi
longer wis
service in
hat the Pati
ent Registr
r has agree
ist of Patie
e Registere
agreed to p
or a patien
ation and th
60
uses
e
ion of
ient
in
er
ce in
nds for
he
xual
on, the
shes to
ient:
ation
ed to
ents of
ed
provide
t under
he
31.62
31.63
31.64
The
31.5
avai
A te
31.6
31.6
App
Whe
send
Com
31.6
31.6
31.6
31.6
Contracto
59 to 31.61
lable to the
rmination u
63.1 fr
g
3
63.2 in
w
plication
ere the Con
d a written
mmissioner
64.1 th
o
w
O
im
e
64.2 a
a
th
s
64.3 a
p
o
o
64.4 th
L
le
Class
or shall kee
and of the
e Commiss
under Clau
rom the da
rounds for
1.36; or
n all other c
which the n
n for Clos
ntractor wh
applicatio
r. The App
he options
r implemen
which the C
Open List o
mplemente
xtinguishin
ny discuss
nd a summ
he opinion
hould not b
ny discuss
roviders in
f the opinio
f Patients s
he period o
ist of Patie
ess than th
sification: O
ep a written
e reasons
sioner on r
use 31.60.
ate on whic
r terminatio
cases, fou
otice is giv
sure of L
hich wishe
n (the “App
plication m
which the
nted in an
Contractor
of Patients
ed, the leve
ng such dif
sions betwe
mary of tho
of those P
be closed;
sions betwe
n the Patien
on of the o
should or s
of time dur
ents to be c
hree (3) mo
Official
n record of
for them a
request.
2 shall tak
ch the notic
on are thos
rteen (14)
ven.
Lists of P
s to close
plication”)
ust include
Contracto
attempt to
has encou
and, if any
el of succe
fficulties;
een the Co
ose discuss
Patients the
een the Co
nt Registra
other provid
should not
ing which t
closed and
onths and n
f terminatio
nd shall m
e effect:
ce is given
se specified
days from
Patients
its List of P
to close its
e the follow
r has cons
o relieve the
ntered in r
y of the opt
ss in reduc
ontractor a
sions inclu
e List of Pa
ontractor a
ation Area
ders as to w
be closed
the Contra
d that perio
not more th
ons under C
make this re
where the
d in Clause
the date o
Patients, it
s list to the
wing details
sidered, rej
e difficultie
respect of
tions were
cing or
and its Pati
ding wheth
atients sho
and other
and a sum
whether th
d;
actor wishe
od must no
han 12 mo
61
Clause
ecord
e
e
on
must
e
s:
jected
es
its
ents
her in
ould or
mmary
he List
es its
ot be
onths;
31.65
31.66
31.67
31.68
31.69
31.6
31.6
31.6
The
perio
rece
The
othe
cons
The
conc
31.6
31.6
to en
The
refe
the a
The
disc
the C
64.5 a
C
re
c
64.6 a
d
th
o
e
64.7 a
to
Commissi
od of seve
eived by th
Commissi
er informati
sider the A
Commissi
cerning:
67.1 th
C
67.2 c
nable the C
Commissi
rred to in C
aim of kee
Commissi
cussions, in
Contractor
Class
ny reasona
Contractor c
emain Ope
losure to b
ny plans th
ifficulties m
he List of P
pen at the
xistence o
ny other in
o be drawn
ioner must
n (7) days
e Commis
ioner must
ion from th
Application.
ioner must
he support
Contractor;
hanges wh
Contractor
ioner and t
Clause 31.
ping the C
ioner or the
nvite the Lo
r provides S
sification: O
able suppo
considers
en or would
be minimise
he Contrac
mentioned
Patients ma
end of the
of those diff
nformation
n to attentio
t acknowle
starting on
sioner.
t consider
he Contrac
.
t enter into
which the
or
hich the Co
r to keep its
the Contra
67, use its
Contractor's
e Contract
ocal Medic
Services u
Official
ort from the
would ena
d enable th
ed;
ctor may ha
in that App
ay be close
e proposed
ficulties; an
which the
on of the C
edge receip
n the date
the Applica
ctor which i
o discussio
Commiss
ommission
s List of Pa
actor must,
s reasonab
s List of Pa
tor may, at
cal Commit
under the C
e Commiss
ble its List
he period o
ave to allev
plication du
ed in order
d closure p
nd
Contracto
Commissio
pt of the Ap
the Applic
ation and m
t requires t
ns with the
ioner may
er or Cont
atients Ope
throughou
le endeavo
atients Ope
t any stage
ttee for the
Contract to
sioner whic
t of Patient
of proposed
viate the
uring the p
r for that lis
period witho
or considers
ner.
pplication w
cation was
may reque
to enable
e Contracto
give the
tractor may
en.
ut the discu
ours to ach
en.
e during the
e area in w
o attend an
62
ch the
ts to
d
period
st to re-
out the
s ought
within a
est such
it to
or
y make,
ussions
hieve
e
which
y
31.70
31.71
31.72
31.73
31.74
mee
disc
The
Com
of P
Con
resp
The
com
deci
The
Com
With
App
Com
31.7
31.7
The
the A
case
31.8
31.7
etings arran
cuss the Ap
Commissi
mmissioner
atients, an
tractor a s
pect of the
Commissi
mment on a
sion in res
Contracto
mmissioner
hin a period
lication (or
mmissioner
73.1 to
c
to
73.2 to
Commissi
Application
e where th
82 to 31.84
74.1 T
to
st
d
3
Class
nged betw
pplication.
ioner may
r as may b
nd if it does
ummary of
Application
ioner must
all the inform
spect of the
or may with
r makes a
d of 21 day
r within suc
r must mak
o approve t
losure is to
o re-open;
o reject the
ioner must
n in accord
e Applicati
4.
The Contrac
o close its
tarting on t
ecision on
1.74.1.1
sification: O
ween the Co
consult su
e affected
s so, the C
f the views
n.
t enable th
mation bef
e Applicatio
hdraw its A
decision in
ys starting
ch longer p
ke a decisi
the Applica
o take effec
or
e Applicatio
t notify the
dance with
ion is rejec
ctor must n
List of Pat
the date on
the Applic
Clauses
Official
ommission
uch person
by the clo
ommission
s expresse
e Contract
fore the Co
on.
Application
n respect o
on the dat
period as t
on:
ation and d
ct and the
on.
Contracto
Clauses 3
cted, in acc
not submit
ients in an
n which the
cation unle
31.82 to 3
ner and the
s as it app
sure of the
ner must p
ed by those
tor to cons
ommission
at any time
of that Appl
te of receip
he Parties
determine
date the L
or of its dec
31.75 to 31
cordance w
more than
y period of
e Commiss
ss:
1.84 apply
e Contracto
pears to the
e Contracto
provide to t
e consulted
sider and
ner makes
e before th
lication.
pt of the
may agree
the date th
List of Patie
cision to ap
.76, or in t
with Clause
n one appl
f 12 month
sioner mak
y; or
63
or to
e
or's List
he
d in
a
he
e), the
he
ents is
pprove
the
es
ication
hs
kes its
31.75
31.76
App
Pat
Whe
Con
31.7
31.7
The
31.7
31.7
31.7
3
proval of
tients
ere the Com
tractor’s L
75.1 n
p
in
75.2 a
o
th
th
w
Closure N
76.1 th
w
3
3
a
(3
76.2 th
ta
76.3 th
Class
1.74.1.2
f Applica
mmissione
ist of Patie
otify the C
ossible an
nclude the
t the same
f the Closu
he area in w
he Contrac
with Clause
Notice must
he period o
will be close
1.76.1.1
1.76.1.2
nd in eithe
3) months
he date fro
ake effect;
he date fro
sification: O
there has
the Cont
deliver th
ation to C
er approve
ents, it mus
Contractor o
d the notif
details refe
e time as it
ure Notice
which the
ct and to an
e 31.70.
t include:
of time for w
ed which m
the perio
the List o
in the cas
Contracto
period, th
er case, the
and not m
om which th
and
om which th
Official
s been a c
ractor whic
he Services
Close the
s the appli
st--
of its decis
ication (the
erred to in
notifies th
to the Loc
Contractor
ny person
which the
must be:
od specified
of Patients;
se where t
or have ag
hat differen
e period m
ore than 1
he closure
he List of P
hange in c
ch affects i
s under the
e Contra
cation to c
ion in writi
e “Closure
Clause 31
e Contract
al Medical
r provides
it consulte
Contractor
d in the ap
; or
the Commi
greed in wr
nt period,
ust be not
2 months;
of the List
Patients is
circumstan
its ability to
e Contract
actor’s Li
close the
ng as soon
Notice") m
1.76; and
tor, send a
Committe
Services u
ed in accord
r's List of P
plication to
issioner an
riting a diffe
less than
t of Patient
to re-open
64
ces of
o
t.
ist of
n as
must
a copy
ee for
under
dance
Patients
o close
nd the
erent
three
ts is to
n.
31.77
31.78
31.79
31.80
31.81
31.82
31.83
Subj
with
effec
clos
Not
Not
Not
Not
Rej
of P
Whe
List
31.8
31.8
Subj
the C
mus
31.8
31.8
ject to Cla
effect from
ct and the
ure period
used
used
used
used
ection o
Patients
ere the Com
of Patients
82.1 n
p
th
82.2 a
o
a
C
C
ject to Cla
Contractor
st not make
83.1 th
d
83.2 th
d
a
p
Class
use 31.100
m the date
List of Pat
as specifi
f an App
mmissione
s it must--
otify the C
ossible an
he rejection
t the same
f the notific
rea in whic
Contract an
Clause 31.7
use 31.84,
r’s applicat
e a further
he end of t
ate of the d
he end of t
ate of the f
rising from
ursuant to
sification: O
0, the Con
the closur
tients must
ed in the C
plication
er rejects a
Contractor o
d the notif
n of the ap
e time as it
cation to th
ch the Con
nd to any p
70.
, if the Com
tion to clos
application
he period o
decision o
he period o
final determ
m the decis
the Dispu
Official
tractor mu
re of the Li
t remain cl
Closure No
to Close
an applicat
of its decis
ication mu
pplication; a
notifies th
he Local M
ntractor pro
person it co
mmissione
se its List o
n until--
of three (3
f the Comm
of three (3
mination in
ion to rejec
te Resolut
st close its
st of Patien
osed for th
otice.
e the Con
ion to close
ion in writi
st include
and
e Contract
Medical Com
ovides Serv
onsulted in
r makes a
of Patients,
) months, s
missioner t
) months, s
n respect o
ct the appl
ion Proced
s List of Pa
nts is to ta
he duration
ntractor’
e the Cont
ng as soon
the reason
tor, send a
mmittee fo
vices unde
accordanc
decision to
, the Contr
starting on
to reject; o
starting on
of a dispute
ication ma
dure,
65
atients
ake
n of the
s List
tractor’s
n as
ns for
a copy
r the
er the
ce with
o reject
ractor
n the
or
n the
e
ade
31.84
31.85
31.86
31.87
31.88
31.89
whi
The
Patie
Con
Not
Not
Not
App
The
writt
wee
The
31.8
31.8
31.8
31.8
chever is t
Contracto
ents where
tractor wh
used
used
used
plication
Contracto
ten applica
eks before
applicatio
89.1 d
re
d
p
p
89.2 th
L
d
89.3 d
w
P
e
89.4 d
th
c
th
w
Class
the later.
or may mak
e there has
ich affects
n for an E
or may app
ation to ext
the date th
n to extend
etails of th
ejected or
ifficulties w
eriod or wh
eriod expir
he period o
ist of Patie
esired clos
etails of an
which the C
Patients to
xtension o
etails of an
he difficultie
losure peri
he end of t
without the
sification: O
ke a furthe
s been a c
its ability t
Extension
ply to exten
tend the clo
hat period
d the closu
he options t
implement
which have
hich may b
res;
of time dur
ents to rem
sure must
ny reasona
Contractor c
re-open or
of the closu
ny plans th
es mention
iod in orde
he propose
existence
Official
r applicatio
hange in th
to deliver s
n of a clo
nd a closur
osure perio
is due to e
ure period
the Contra
ted in an a
e been enc
be en-coun
ing which t
main closed
not be mo
able suppo
considers
r would ena
ure period t
he Contrac
ned in the
er for the Li
ed extensi
of those d
on to close
he circums
services un
osure pe
e period by
od no later
xpire.
must inclu
actor has co
ttempt to r
countered d
ntered whe
the Contra
d, which ex
re than 12
ort from the
would ena
able the pr
to be minim
tor may ha
application
ist of Patie
on of the c
ifficulties; a
e its List of
stances of
nder the C
eriod
y sending
r than eigh
de:
considered,
relieve the
during the
en the clos
actor wishe
xtended pe
months;
e Commiss
able its List
roposed
mised;
ave to allev
n to extend
ents to re-o
closure per
and
66
the
ontract.
a
t (8)
,
closure
ure
es its
eriod of
sioner
t of
viate
d the
open at
riod
31.90
31.91
31.92
31.93
31.94
31.95
31.8
The
exte
on th
The
clos
Con
The
conc
31.9
31.9
With
appl
the p
whe
perio
The
or re
after
Whe
perio
31.9
31.9
89.5 a
to
Commissi
ension of th
he date the
Commissi
ure period
tractor wh
Commissi
cerning--
92.1 th
C
92.2 c
to
hin a period
lication to e
parties ma
ether to app
od.
Commissi
eject the ap
r making it
ere the Com
od, it must
95.1 n
n
th
95.2 a
o
C
Class
ny other in
o be drawn
ioner must
he closure
e applicatio
ioner must
and may r
ich it requi
ioner may
he support
Contractor;
hanges wh
o enable th
d of 14 day
extend the
ay agree), t
prove or re
ioner must
pplication t
ts decision
mmissione
t--
otify the C
otification
he details r
t the same
f the Exten
Committee
sification: O
nformation
n to the atte
t acknowle
period with
on was rec
t consider
request su
res to ena
enter into
which the
or
hich the Co
he Contrac
ys starting
e closure p
the Comm
eject the ap
t notify the
to extend t
.
er approve
Contractor o
(the “Exten
referred to
e time as it
nded Closu
for the are
Official
which the
ention of th
edge receip
hin a perio
ceived by t
the applica
uch other in
ble it to co
discussion
Commiss
ommission
ctor to re-op
on the dat
eriod (or w
issioner m
pplication t
Contracto
the closure
s the appli
of its decis
nded Closu
in Clause
notifies th
ure Notice
ea in which
Contracto
he Commis
pt of the ap
od of seven
the Commi
ation for an
nformation
onsider that
ns with the
ioner may
er or Cont
pen its List
te of receip
within such
ust make a
to extend th
or of its dec
e period as
cation to e
ion in writi
ure Notice”
31.96; and
e Contract
to the Loc
h the Contr
or considers
ssioner.
pplication f
n (7) days s
issioner.
n extension
from the
t applicatio
Contracto
give the
tractor may
t of Patient
pt of the
longer pe
a decision
he closure
cision to ap
s soon as p
extend the
ng and the
”) shall inc
d
tor, send a
cal Medical
ractor prov
67
s ought
for an
starting
n of the
on.
or
y make
ts.
riod as
as to
e
pprove
possible
closure
e
clude
a copy
ides
31.96
31.97
31.98
The
31.9
31.9
31.9
Whe
perio
31.9
31.9
Whe
acco
rema
th
co
Extended
96.1 th
w
3
3
96.2 th
e
96.3 th
ere the Com
od it must:
97.1 n
n
a
97.2 a
o
a
th
ere an app
ordance wi
ain closed
Class
he Services
onsulted in
Closure N
he period o
will remain c
1.96.1.1
1.96.1.2
he date fro
ffect; and
he date on
mmissione
otify the C
otification
pplication;
t the same
f the notific
rea in whic
he Contrac
lication for
ith Clauses
pending:
sification: O
s under the
n accordan
Notice mus
of time for w
closed wh
the perio
extend th
in the cas
Contracto
period to
to extend
is agreed
and in eit
Closure
(3) month
om which th
which the
er rejects a
Contractor o
must inclu
and
e time as it
cation to th
ch the Con
ct.
r an extens
s 31.88 an
Official
e Contract
nce with Cl
t include:
which the
ich must b
od specified
he closure
se where t
or have ag
o the period
d the closu
d,
ther case,
Period"),
hs and not
he Extende
List of Pat
an applicat
of its decis
de the rea
notifies th
he Local M
ntractor pro
sion of the
nd 31.89, th
t and to an
ause 31.70
Contractor
e--
d in the ap
period; or
the Commi
greed in wr
d specified
re period,
the period
must not b
t more than
ed Closure
tients is to
ion to exte
ion in writi
sons for th
e Contract
Medical Com
ovides the
closure pe
he List of P
y person it
0.
r's List of P
plication to
issioner an
riting a diffe
in the app
the period
d (the "Exte
be less tha
n 12 month
e Period is
re-open.
end the clos
ng and the
he rejection
tor, send a
mmittee fo
Services u
eriod is ma
Patients wi
68
t
Patients
o
nd the
erent
plication
which
ended
an three
hs;
to take
sure
e
n of the
a copy
r the
under
ade in
ll
31.99
31.100
31.101
31.102
31.103
31.104
the d
exte
31.9
Re-
The 0
the c
Con
Ass
The
to th
In th2
31.1
31.1
31.1
31.1
Ass
The 3
has
Clau
The 4
to th
determinat
ension of th
99.1 th
th
p
co
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-opening
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closure pe
tractor sho
signmen
Commissi
he Contrac
his clause,
20, a “new
102.1 n
102.2 h
b
a
102.3 w
C
signmen
Commissi
closed its
use 31.104
Commissi
he Contrac
Class
tion by the
he closure
he Contrac
he applicat
ursuant to
ourt procee
whichever is
g of List o
or may re-o
riod, the C
ould re-ope
t of patie
ioner may,
ctor whose
and in Cla
w” Patient m
ot used;
as been re
een accep
nd
wishes to be
Contractor.
t of patie
ioner may
List of Pat
4.
ioner may,
ctor when it
sification: O
Commiss
period; or
ctor ceasin
tion for an
the NHS D
edings),
s the later.
of Patien
open its Lis
Commission
en its List o
ents to li
, subject to
List of Pat
auses 31.1
means a p
efused incl
pted as a T
e included
ents to li
not assign
tients exce
, subject to
t has close
Official
ioner of the
g to pursu
extension
Dispute Re
.
nts
st of Patien
ner and the
of Patients
ists - ope
o Clause 3
tients is op
03 and 31
person who
usion in a
Temporary
in the List
ists - clo
n a Patient
ept in the c
o Clause 3
ed its List o
e applicatio
e any disp
of the clos
esolution P
nts if, befor
e Contract
.
en lists
1.105, ass
pen.
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o:
List of Pat
Resident b
t of Patient
sed lists
to the Con
ircumstanc
1.105, ass
of Patients
on for an
pute arising
sure period
Procedure
re the expi
tor agree th
sign a new
Clauses 31
tients, or h
by a provid
ts of the
s
ntractor wh
ces specifi
sign a new
if:
69
g from
d
(or any
ry of
hat the
Patient
1.106 to
as not
der;
here it
ed in
patient
31.105
31.1
31.1
Fac
In m5
31.1
31.1
31.1
31.1
31.1
104.1 th
a
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C
e
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104.2 th
C
d
ctors rele
making an a
04, the Co
105.1 th
a
105.2 th
th
105.3 a
fr
(6
a
105.4 w
w
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th
3
3
3
Class
he Assessm
pplicable p
Regulations
Contractor,
ither by a d
where app
he Commis
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iscussions
evant to
assignmen
ommission
he wishes a
ssigned;
he distance
he Practice
ny request
rom its List
6) months
ssignment
whether, du
which the a
Commission
he List of P
1.105.4.1
1.105.4.2
1.105.4.3
sification: O
ment Pane
provision o
s that patie
and that d
determinat
licable) by
ssioner has
regarding t
s are requir
assignm
nt to the Co
ner shall ha
and circum
e between
e Premises
t made by
t of Patient
starting on
t is receive
uring the si
pplication
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Patients on
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List at the
Clauses
Patients
the equiv
arrangem
Official
el has dete
of Schedule
ents may b
determinati
tion of the
a court; a
s entered i
the assign
red under
ments
ontractor u
ave regard
mstances o
the Patien
s;
the Contra
ts within th
n the date o
ed by the C
x (6) mont
for assignm
atient’s nam
n the groun
31.28 to 3
e request o
31.36 to 3
from the L
valent prov
ments mad
rmined un
e 5 of the P
e assigned
on has not
Secretary
nd
into discus
ment of a
Clauses 31
nder Claus
to:
of the Patie
nt’s place o
actor to rem
e precedin
on which th
Commission
ths ending
ment is rec
me has be
nds referred
1.35 (Rem
of the Con
1.43 (Rem
List of Patie
vision in rel
e under se
der the
PMS Agree
d to the
t been ove
of State o
ssions with
patient if s
1.118to 31
ses 31.101
ent to be
of residenc
move the P
ng period o
he applica
ner;
on the dat
ceived by t
een remove
d to in:
movals from
tractor);
moval of Vio
ents); or
lation to
ection 83(2
70
ements
erturned
r
the
such
.120.
1 to
ce and
Patient
of six
tion for
te on
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ed from
m the
olent
2) of the
31.106
31.107
31.1
31.1
Ass
Ass
If the6
have
prep
The 7
31.1
31.1
105.5 in
e
a
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105.6 s
re
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pare a prop
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107.1 p
m
8
a
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3
107.2 th
th
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e
A
Class
n a case in
quivalent p
pply) whet
eal with su
uch other m
elevant.
ts to clo
nt Panel
sioner wish
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posal to be
ioner must
roviders (in
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ccordance
which:
1.107.1.1
1.107.1.2
he Local M
he provider
lause 31.1
quivalent),
Assessmen
sification: O
2006 Act
accordan
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which Cla
provisions
ther the Co
uch Patient
matters as
osed lists
hes to ass
patients (in
e considere
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ncluding th
rvices unde
e 2006 Act
e with the G
have clos
may, in t
affected
Assessm
Medical Com
rs (includi
07.1 provi
, that it has
nt Panel.
Official
t, or under
nce with th
ons;
ause 31.10
as mentio
ontractor h
ts; and
s the Comm
s: determ
ign new pa
ncluding the
ed by the A
writing:
he Contrac
er arrange
or under a
GMS Contr
sed their lis
he opinion
by the dete
ment Panel
mmittee (if
ng the Con
de Essent
s referred t
a contract
e GMS Co
5.4.2 appl
ned in Cla
as approp
missioner c
mination
atients to p
e Contract
Assessmen
ctor) who p
ments mad
a Contract
racts Regu
st of patien
of the Com
ermination
; and
f any) for th
ntractor) re
ial Service
the matter
t made in
ontracts
ies (or the
use 31.105
riate facilit
considers t
of the
providers w
tor), it mus
nt Panel.
provide prim
de under s
made in
ulations 20
nts; and
mmissione
n of the
he area in
eferred to i
es (or their
to the
71
5.4.3
ties to
to be
who
st
mary
section
04,
er, be
which
n
31.108
31.109
31.110
31.111
31.112
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to co
the c
Clau
The 9
31.1
31.1
31.1
In re0
to re
31.1
31.1
The
days
appo
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31.1
Commissi
onsider an
compositio
use 31.109
members
109.1 a
109.2 a
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o
109.3 a
o
w
eaching its
elevant fac
110.1 w
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a
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110.2 w
C
s
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ointed.
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112.1 m
p
a
Class
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on of the A
9.
of the Ass
member o
patient re
Health and
rganisation
member o
f the Local
which the C
determina
ctors includ
whether the
rovision of
atients oth
provider (
atients; an
whether the
Contractor)
uch patien
ent Panel m
on the date
ent Panel:
must determ
atients to a
closed list
sification: O
t ensure th
ne its propo
Assessmen
sessment P
of the Com
presentativ
Wellbeing
n; and
of a Local M
l Medical C
Contractor
ation, the A
ding:
e Commiss
f Essential
her than by
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nd
e workload
is likely to
nts to their
must reach
e on which
mine wheth
a provider
t of patient
Official
hat the Ass
osal made
t Panel sh
Panel mus
mmissioner
ve who is a
Commiss
Medical Co
Committee
provides E
Assessmen
sioner has
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y means of
the Contra
of those p
o be affecte
list of patie
h a determ
the Asses
her the Co
(including
ts; and
essment P
under Cla
all be as d
t be:
who is a d
a member
ioner or Lo
ommittee b
formed fo
Essential S
nt Panel m
attempted
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f its propos
ctor) with a
providers (i
ed by any d
ents.
ination wit
ssment Pan
mmissione
the Contra
Panel is ap
ause 31.10
described in
director;
of the Loc
ocal Health
but not a m
or the area
Services.
ust have re
to secure
quivalent) f
sed assign
a closed lis
including th
decision to
thin a perio
nel was
er may ass
actor) whic
72
ppointed
06, and
n
cal
hwatch
member
in
egard
the
for new
ment to
st of
he
o assign
od of 28
sign
ch has
31.113
31.114
31.115
31.116
31.1
The 3
assi
Con
notif
The 4
the m
to th
Ass
Pro
Pan
Whe5
appl
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the S
Pan
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seve
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31.1
31.1
112.2 if
a
m
m
Assessme
gn new pa
tractor) sp
fied under
Assessme
matters ref
hose Contr
signmen
ocedure r
nel
ere the Ass
licable prov
ulations th
tractors wh
pecified in
Secretary
el.
ere, pursua
ter to the S
vider specif
er by itself
en (7) days
essment P
pute resolut
116.1 th
116.2 a
Class
it so deter
n assignm
more than o
may be ass
ent Panel m
atients to p
pecified in C
Clause 31
ent Panel’s
ferred to in
ractors refe
ts to clo
relating t
sessment P
visions of S
hat the Com
hich have
that determ
of State to
ant to Clau
Secretary o
fied in the
or togethe
s beginning
Panel, send
tion which
he names a
copy of th
sification: O
rmines tha
ment, must
one provide
signed.
may determ
rovider oth
Clause 31.
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s determin
n Clause 3
erred to in
osed lists
to determ
Panel dete
Schedule 5
mmissione
closed the
mination, th
o review the
use 31.115
of State eit
determina
er with the
g with the
d to the Se
shall inclu
and addres
he Contrac
Official
t the Comm
determine
er, those p
mine that t
her than th
.106, as lo
ation must
1.110, and
Clause 31
s: Disput
mination
ermines in
5 to the PM
r may assi
eir lists of p
he Contrac
e determin
, the Contr
ther by itse
ation of the
other prov
date of the
ecretary of
ude or be a
sses of the
t (or contra
missioner m
in the cas
providers to
he Commi
e providers
ng as the C
t include its
d must be n
.107.1.
te Resolu
s of the
accordanc
MS Agreem
ign new pa
patients, an
ctor may re
nation of th
ractor wish
elf, or jointly
Assessme
viders, with
e determina
State a wr
accompanie
e parties to
acts); and
may make
se where th
o which pa
issioner ma
s (includin
Contractor
s commen
notified in w
ution
Assessm
ce with the
ments
atients to
nd the Con
efer the ma
e Assessm
hes to refe
y with othe
ent Panel,
hin the peri
ation of the
ritten reque
ed by:
o the dispu
73
e such
here is
atients
ay
g the
rs were
ts on
writing
ment
ntractor
atter to
ment
r the
er
it must,
od of
e
est for
te;
31.117
31.118
31.119
31.120
31.121
31.122
31.1
Whe7
Sche
acco
para
Ass
the
Befo8
it ha
disc
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its b
In th9
reas
The 0
31.1
31.1
Pat
The
aged
The 2
31.1
116.3 a
o
ere a matte
edule 5 to
ordance wi
agraph 35.
signmen
Commis
ore the Com
as closed it
cussions wi
mmissioner
best endeav
he discussi
sonable en
requireme
120.1 to
120.2 to
e
to
a
d
tients ag
Contracto
d 75 and o
Accountab
122.1 ta
th
m
Class
brief state
f the dispu
er is referre
PMS Agre
ith the proc
ts to clo
ssioner
mmissione
ts list, it sh
ith the Con
r can offer
vours to pr
ions referre
ndeavours
ent in Clau
o the first a
o any subs
xtent that i
o the numb
ssigned to
iscussions
ed 75 an
or must ens
over there i
ble GP mu
ake lead re
he extent th
meet the ne
sification: O
ement desc
ute.
ed to the S
eement Re
cedure spe
osed lists
er may ass
all, subject
ntractor reg
the Contra
rovide app
ed to in Cla
to reach a
se 31.118
assignmen
sequent as
it is reason
bers of pat
o it and the
s under Cla
nd over: A
sure that fo
is assigned
ust:
esponsibilit
hat their pr
eeds of the
Official
cribing the
Secretary o
egulations i
ecified in S
s: assign
sign a patie
t to Clause
garding ad
actor, and
propriate su
ause 31.11
greement.
to enter in
t of a patie
signment t
nable and a
ients who
period of t
ause 31.11
Account
or each of
d an Accou
ty for ensu
rovision is
e patient, d
nature and
of State in a
t shall be r
Schedule 5
nments o
ent to the C
e 31.120, e
ditional su
the Comm
upport.
18, both pa
nto discuss
ent to the C
to that Con
appropriate
have been
time since
8 took pla
table GP
its Registe
untable GP
ring that a
considered
elivered to
d circumst
accordanc
reviewed i
5, Part 2,
of patient
Contractor
enter into
upport that
missioner sh
arties shall
sions applie
Contractor;
ntractor to
e having re
n or may be
the last
ace.
ered Patien
P.
ll Services
d necessa
o the Patie
74
tances
ce with
n
ts by
where
the
hall use
l use
es:
and
the
egard
e
nts
s are, to
ary to
nt;
31.123
31.124
31.1
31.1
31.1
The 3
31.1
31.1
31.1
The 4
31.1
122.2 ta
re
P
122.3 e
w
a
122.4 w
p
tr
d
th
Contracto
123.1 in
a
a
co
re
P
123.2 i
w
p
123.3 w
re
to
Contracto
124.1 in
P
3
Class
ake all reas
espond to t
Patient in a
nsure that
within a rea
nd
work co-ope
rofessiona
reatment o
isciplinary
he Patient
or must –
nform the P
ppropriate
n Accounta
ontact deta
esponsibilit
Patient;
nform the
which the A
eriod, to ca
where the P
eplacemen
o the Patie
or must com
n the case
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1.124.1.1
sification: O
sonable ste
the physic
timely ma
the Patien
asonable pe
eratively w
als who ma
of the Patie
care pack
Patient, in s
by the Pra
able GP w
ails of the A
ties of the
Patient as
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arry out the
Practice co
nt Accounta
ent accordin
mply with t
of any per
mediately
is aged 7
30 June
Official
eps to reco
al and psy
anner;
nt receives
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ay become
ent to ensu
kage design
such mann
actice, of th
which must
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soon as a
e GP is no
eir duties t
onsiders it t
able GP to
ngly.
he require
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before 1 A
75 or over
2014; or
ognise and
ychological
s a Health C
, one has b
ealth and s
involved i
re the deliv
ned to mee
ner as is co
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states the
ble GP and
ble GP in r
ny circums
ot able, for
towards the
to be nece
o the Patien
ment in cla
s included
April 2014 a
on or befo
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needs of
Check if, a
been reque
social care
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very of a m
et the need
onsidered
ment to the
e name and
d the role a
respect of t
stances ar
any signifi
e Patient;
essary, ass
nt and give
ause 31.12
in the List
and:
re that dat
75
ately
the
and
ested;
e
and
multi-
ds of
em of
d
and
the
rise in
cant
and
sign a
e notice
22.1:
of
te, by
31.125
31.126
31.1
Reg
Are
Whe5
on o
subs
Patie
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requ
Sav
Sch
Whe6
of P
the C
term
Dire
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liabi
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men
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that
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3
124.2 in
b
2
so
gistered
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ere the Con
or after 1 O
sequently w
ent Regist
tractor sha
uirements o
vings in r
heme
ere, before
atients pur
Commissio
ms of the C
ections as i
ain registe
tract which
lities unde
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ntioned Dir
tinues to h
date, the C
mmissioner
Class
1.124.1.2
n the case
y the Cont
014, within
o accepted
Patients
tion of co
ntractor pr
October 201
wish to rem
ration Area
all vary the
of Direction
respect o
e 1 April 20
rsuant to a
oner under
ontract we
t had effec
ered with th
h exempts
r those arr
remains so
ection 14 a
ave effect
Contractor
r under the
sification: O
who atta
within 21
person a
of any per
tractor as a
n 21 days f
d.
s from ou
ontractu
rovides Ess
14, accept
move a per
a whereup
e Contract
n 16 of the
of the Pa
014 a Patie
arrangeme
r the Patien
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31.132C Where the Contractor identifies a Patient aged 65 or over who is living
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includes:
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(b) where appropriate, a discussion with the Patient
about whether the Patient has fallen in the last 12
months,
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interventions; and
31.132C.3 where the Patient does not have an enriched Summary
Care Record13, advise the Patient about the benefits of
having an enriched Summary Care Record and activate
that record at the Patient's request.
31.132D The Contractor must, using codes agreed by the Commissioner for the
purpose, record in the Patient's Summary Care Record any appropriate
information relating to clinical interventions provided to a Patient under this
Clause.
Accountable GPs
identification-and-frailty-through-the-gp-contract-20172018/ or from NHS England, PO Box 16738, Redditch, B97 7PT. 13 Guidance about enriching a patient's Summary Care Record with additional information published by the Health and Social Care Information Centre is available at: http://webarchive.nationalarchives.gov.uk/20160921135209/http:/systems.digital.nhs.uk/scr/additional/patientconsent.pdf or from NHS Digital, 4 Trevelyan Square, Boar Lane, Leeds LS1 6AA.
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Classification: Official
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reassignment, marriage or civil partnership, pregnancy or maternity,
race, religion or belief, sexual orientation or social class.
31.151 The reasonable grounds referred to in Clause 31.150 may include the
ground that the applicant will not, on or after the Scheduled Release
Date, live in the Patient Registration Area or does not intend to live in
that area.
31.152 Where the List of Patients is closed, the Contractor may, by virtue of
this Clause, accept an application under Clause 31.148.3 if the
applicant is an immediate family member of a Registered Patient.
31.153 Where the Contractor accepts an application from a person under
Clause 31.148.3 for inclusion in the List of Patients, the Contractor:
31.153.1 must give notice in writing to the provider of the Detained
Estate Healthcare Service or to the Commissioner of that
acceptance as soon as possible, and
31.153.2 is not required to provide Primary Medical Services to that
person until after the Scheduled Release Date.
31.154 The Commissioner must, on receipt of a notice given under Clause
31.153.1:
31.154.1 include the applicant in the List of Patients from the date
notified to the Commissioner the provider of the Detained
Estate Healthcare Service; and
31.154.2 give notice in writing to the provider of the Detained
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31.155
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d into the c
nce with C
re of, and
d to the gui
ines for GP
d on 21 M
s been not
cument.
mputerised
g a reques
the inform
audit funct
the Comm
ioning corr
mplete reco
at the requ
s list dies, b
beginning
Commissio
y Clause 3
ed the Com
ch the Cont
ccredited b
s behalf in
hoice Leve
d system m
computer s
Clause 32.
has signed
idelines co
P Electron
arch 2011
tified by the
records th
t from the
mation reco
tion referre
issioner to
rectly.
rds relating
uest of the
before the
with the da
oner of the
32.2.2 sha
mmissione
tractor pro
by the Secr
n accordan
el 2”;
manageme
system as
4.1 have b
d an under
ontained in
ic Records
or in any
e Commiss
he Contract
Commissi
orded on its
ed to in Cla
o check tha
g to a Patie
Commissi
end of the
ate on whi
death, or
86
ll not
er is
poses
retary
ce with
nt
been
rtaking
“the
s
sioner
tor
oner,
s
ause
at the
ent to
oner;
period
ch it
(in any
32.7
32.8
32.9
32.10
To t
Con
copy
32.7
32.7
The
othe
with
satis
32.8
32.8
32.8
32.8
Whe
not d
audi
Sum
The
infor
o
b
a
a
e
he extent t
tractor com
y of those
7.1 in
7.2 w
fo
consent o
er than in w
held or wit
sfied, with
8.1 th
tr
8.2 th
tr
8.3 h
th
8.4 h
C
ere the Con
disable, or
it and syste
mmary C
Contracto
rmation inc
Class
ther case)
eginning w
nd the Con
nd Clause
xpiry of the
that a Patie
mplies with
records:
n written fo
with the writ
orm.
of the Comm
written form
thdrawn pr
the followi
he Contrac
ransmitted;
he Contrac
ransmitted
ow the Co
he Commis
ow a writte
Commission
ntractor ke
r attempt to
em manag
Care Rec
or must, in
cluded in a
sification: O
before the
with the dat
ntractor’s o
32.7 below
e Contract
ent’s recor
h Clause 3
orm; or
tten conse
missioner
m for the pu
rovided it is
ng matters
ctor’s propo
;
ctor’s propo
record;
ontractor w
ssioner is i
en copy of
ner.
eeps comp
o disable, e
gement fun
ord
any case w
a Patient’s
Official
e end of th
te on whic
obligations
w shall sur
.
rds are com
2.6 if it sen
ent of the C
to the tran
urposes of
s satisfied,
s:
osals as to
osals as to
ill ensure t
dentical to
the record
uterised re
either the s
nctions refe
where ther
medical re
e period of
h it learned
pursuant
rvive the te
mputerised
nds to the C
Commissio
smission o
Clause 32
and contin
o how the r
o the forma
hat the rec
o that trans
d can be pr
ecords, the
security me
erred to in
re is a chan
ecord, enab
f one mont
d of the de
to this Cla
ermination
d records, t
Commissio
ner in any
of informat
2.7.2 shall
nues to be
record will
at of the
cord receiv
smitted; an
roduced by
e Contracto
easures or
Clause 32
nge to the
ble an auto
87
th
eath
use,
or
the
oner a
other
ion
not be
e
be
ved by
d
y the
or shall
r the
.4.2.
omated
32.11
32.12
32.13
uplo
on a
Com
The
whe
32.1
32.1
Ele
The
trans
32.1
32.1
The
whe
32.1
oad of Sum
a daily basi
mmissioner
requireme
ere:
11.1 th
a
u
11.2 th
p
th
th
w
ctronic t
Contracto
sfer of any
12.1 in
to
se
re
12.2 in
a
P
requireme
ere:
13.1 th
a
F
p
Class
mmary Infor
is, using th
r.
ent in claus
he Contrac
nd softwar
ploads of t
he Contrac
lans to ena
han 31 Ma
he Practice
website, on
transfer o
or must use
y Patient R
n a case w
o the Pract
ervices (if
egistered; o
n a case w
nother pro
Patient has
ent in claus
he Contrac
nd softwar
acility to e
rovider of
sification: O
rmation to
he approve
se 32.10 d
ctor does n
re which w
the Summa
ctor has, by
able it to a
rch 2015 b
e Premises
the Practi
of patien
e the GP2G
Records:
here a new
tice from a
any) with w
or
here the C
ovider of pr
registered
se 32.12 d
ctor does n
re which w
effect the tr
primary me
Official
the Summ
ed systems
oes not ap
not have ac
would enab
ary Inform
y 30 Septe
chieve tha
by displayin
s and, whe
ce website
nt record
GP Facility
w Patient r
nother pro
which the P
Contractor r
rimary med
d, in order t
oes not ap
not have ac
would enab
ransfer of P
edical serv
mary Care R
s provided
pply to the
ccess to co
le it to carr
ation; and
ember 2014
t requirem
ng a statem
re the Prac
e.
ds
y for the sa
egisters w
ovider of pr
Patient wa
receives a
dical servic
to respond
pply to the
ccess to co
le it to use
Patient Rec
vices with a
Record, at
to it by the
Contractor
omputer sy
ry out auto
4, publicise
ment by no
ment of int
ctice has a
afe and effe
with the Pra
rimary med
as previous
required f
ces with wh
d to that re
Contractor
omputer sy
e the GP2G
cords to an
a patient lis
88
least
e
r
ystems
omated
ed its
later
ent at
a
ective
actice,
dical
sly
from
hich the
quest.
r
ystems
GP
nother
st; and
32.13A
32.14
32.15
32.15A
32.1
A Clau
Res
Clin
The
as th
Con
circu
the C
Pat
The
facil
32.1
32.1
32.1
in a
com
sys
A A Co
32.1
reas
with
13.2 th
p
2
P
P
use 32.12 a
ident.
nical cor
Contracto
he primary
tractor wh
umstances
Contractor
tient onli
Contracto
ity for a Pa
15.1 to
o
15.2 to
a
15.3 to
a
p
a manner w
mputerised
stems auth
ontractor m
5.1, consi
sonable ne
the requir
Class
he Contrac
lans to ena
015 by dis
Premises a
Practice we
and 32.13
rrespond
or must incl
y identifier i
ich relates
s outside of
r to ascerta
ne servi
or must pro
atient:
o book, vie
nline;
o order rep
ppliances
o view and
ppliances
rescription
which is ca
clinical sy
orised by t
must, when
der whethe
eeds of its R
rement in s
sification: O
ctor has, by
able it to a
splaying a s
nd, where
ebsite.
do not app
dence: re
lude the N
in all Clinic
s to that Pa
f the Contr
ain the pat
ces
omote and
ew, amend
peat prescr
online; and
print a list
in respect
n
apable of b
ystems of t
the Comm
n complyin
er it is nec
Registered
sub-clause
Official
y 30 Septe
chieve tha
statement
the Practic
ply in the c
equireme
HS Numbe
cal Corresp
atient exce
ractor’s co
ient’s NHS
offer to its
, cancel an
riptions for
d
t of any dru
of which th
eing electr
the Contrac
issioner.
g with the
essary, in
d Patients,
32.15.1 so
ember 2014
t requirem
of intent at
ce has a w
case of a T
ent for NH
er of a Reg
pondence
pt where, i
ntrol, it is n
S Number.
Registere
nd print ap
drugs, me
ugs, medic
he Patient
ronically int
ctor using
requireme
order to m
to take ac
o as to inc
4, publicise
ment by 31
t the Pract
website, on
Temporary
HS numb
gistered Pa
issued by
in exceptio
not possibl
ed Patients
pointments
edicines or
cines or
has a repe
tegrated w
appropriat
ent in sub-c
meet the
ction to com
crease the
89
ed its
March
tice
the
ber
atient
the
onal
le for
the
s
r
eat
with the
te
clause
mply
32.16
32.16A
prop
Patie
The
circu
Con
32.1
32.1
A A Co
circu
held
any
med
32.1
32.1
32.1
portion of a
ents to boo
Contracto
umstances
tractor’s co
16.1 a
P
C
16.2 v
In
a
P
ontractor m
umstances
d on the Co
such Patie
dical record
6A.1
6A.2
6A.3
Class
appointmen
ok online a
or must pro
s where the
omputerise
ccess onlin
Patient’s me
Contractor h
iew online,
nformation
ny other da
Patient may
must promo
s where the
ontractor's
ent to acce
d which is h
in the reas
such inform
interests b
32.16A.1.1
32.16A.1.2
person;
the inform
who has n
the inform
free text e
computeris
sification: O
nts which a
and, if so, t
omote and
e medical r
ed clinical
ne any Su
edical reco
has agreed
, electronic
derived fro
ata which
y access.
ote and off
e medical r
computeri
ess online a
held in cod
sonable op
mation wo
because it
1 to the
2 to the p
ation inclu
not consen
ation in the
entry and it
sed clinica
Official
are availab
take such a
offer to its
records of
systems, t
mmary Info
ords and a
d that the P
cally expor
om the Pa
the Contra
fer to its Re
records of
sed clinica
all informa
ded form u
pinion of th
uld not be
is likely to
Patient's p
physical or
des a refe
ted to its d
e Patient's
is not pos
al systems
ble for its R
action.
Registere
its Patient
the facility f
ormation d
ny other da
Patient ma
rt or print a
tient’s med
actor has a
egistered P
its Registe
al systems,
tion from t
nless:
e Contract
in the Pati
cause ser
hysical or
r mental he
rence to a
disclosure;
medical re
sible unde
to separat
Registered
ed Patients
ts are held
for a Patie
derived from
ata which t
ay access;
any Summa
dical recor
agreed that
Patients, in
ered Patien
, the facility
the Patient
tor, access
ient's best
rious harm
mental he
ealth of an
ny third pa
or
ecord cont
er the Cont
te that free
90
, in
on the
ent to:
m the
the
and
ary
ds and
t the
n
nts are
y for
t's
s to
:
alth, or
y other
arty
tains a
tractor's
e text
32.17
32.18
32.19
32.20
33
33.1
Whe
prom
clau
The
does
enab
Reg
The
32.1
32.1
The
32.2
32.2
Co
The
and
defin
ere the Con
mote and o
ses 32.15
requireme
s not have
ble it to off
istered Pa
requireme
19.1 d
co
o
19.2 o
co
requireme
20.1 th
co
o
to
20.2 th
p
2
P
p
onfident
Contracto
procedure
ned in the
Class
entry from
is held in c
ntractor ha
offer to its R
.1 and 32.1
ents in clau
access to
fer the onlin
atients.
ents in clau
o not apply
omputer sy
ffer the on
nly apply u
omply with
ents in clau
he Contrac
omputer sy
ffer the on
o its Regist
he Contrac
lans to ena
016 by dis
Premises a
ractice we
tiality of
or shall nom
es relating
Data Prote
sification: O
m other info
coded form
as a practic
Registered
15.2 on tha
use 32.15 d
o computer
ne service
use 32.16:
y where th
ystems an
line servic
until such t
h the requir
use 32.16A
ctor does n
ystems an
line servic
tered Patie
ctor has, by
able it to a
splaying a s
nd, where
bsite.
f Perso
minate a pe
to the conf
ection Act
Official
ormation in
m.
ce website
d Patients t
at practice
do not app
r systems a
s describe
e Contract
d software
es describ
time as the
rements in
A do not ap
not have ac
d software
es describ
ents; and
y 30 Septe
chieve tha
statement
the practic
nal Dat
erson with
fidentiality
1998) held
that medic
, the Contr
the facility
website.
ply where th
and softwa
ed in clause
tor does no
e which wo
ed in claus
e Contracto
clause 32
pply where
ccess to G
e which wo
ed in that s
ember 2015
t requirem
of intent at
ce has a w
a
responsib
of Person
d by it.
cal record
ractor mus
referred to
he Contrac
are which w
e 32.15to i
ot have ac
ould enable
se 32.16; a
or I able to
2.16A.
e:
PSOC acc
ould enable
sub-parag
5, publicise
ment by 31
t the Pract
website, on
bility for pra
al Data (as
91
which
st also
o in
ctor
would
ts
ccess to
e it to
and
fully
credited
e it to
raph
ed its
March
tice
the
actices
s
33.2
33.3
34
34.1
34.2
34.3
The
entr
Act
The
and
Med
Prac
Pro
The
34.1
34.1
For
may
Clau
the C
For
Contracto
usted to it
1998.
Contracto
Disclosure
dical Servic
ctice (as am
ovision
Contracto
1.1 s
w
s
in
P
b
a
1.2 a
3
3
3
the purpos
y rely on an
use 34.3 th
Contractor
the purpos
Class
or shall mai
in accorda
or shall hav
e of Inform
ces and Alt
mended or
of Info
or must, if s
upply in wr
within such
uch clinica
n Clauses 3
Patient to w
ehalf of the
medical c
nswer any
4.3 about:
4.1.2.1
4.1.2.2
ses of bein
n assuranc
hat the con
r has reaso
ses of Clau
sification: O
intain the c
ance with t
ve regard t
mation: Gen
ternative C
r reissued
ormation
satisfied th
riting to an
reasonabl
al informati
34.3.1 to 3
whom the C
e Contract
certificate; a
y inquiries b
a Prescri
issued or
Contracto
any state
person a
made in
ng satisfied
ce in writing
nsent of the
on to believ
uses 34.1 a
Official
confidentia
he provisio
o the Prov
neral Medic
Contractor
from time
n to a M
at the Pati
ny person s
le period a
on as any
34.3.4 cons
Contractor
tor has issu
and
by any per
iption Form
r created b
or, or
ement whic
acting on be
a report.
d that a Pat
g from any
e Patient h
ve that the
and 34.2, t
ality of Pers
ons of the
visions of th
cal Service
Medical Se
to time).
Medical O
ent consen
specified in
s that pers
of the pers
siders relev
or a perso
ued or has
rson mentio
m or medic
by, or on be
ch the Con
ehalf of the
tient conse
y person m
as been ob
Patient do
the person
sonal Data
Data Prote
he Confide
es, Person
ervices Co
Officer
nts:
n Clause 3
son may sp
sons ment
vant about
on acting o
s refused to
oned in Cl
cal certifica
ehalf of, th
ntractor or a
e Contract
ents, a Con
mentioned i
btained, un
oes not co
ns are:
92
a
ection
entiality
al
ode of
Etc.
4.3,
pecify,
tioned
t a
n
o issue
ause
ate
he
a
or has
ntractor
n
nless
nsent.
Classification: Official
93
34.3.1 a Medical Officer;
34.3.2 a Nursing Officer;
34.3.3 an Occupational Therapist;
34.3.4 a Physiotherapist; or
34.3.5 an officer of the Department for Work and Pensions who is
acting on behalf of, and at the direction of, any person
specified in paragraphs 34.3.1 to 34.3.4.
34A National Diabetes Audit
34A.1 The Contractor must record any data required by the Commissioner for
the purposes of the National Diabetes Audit in accordance with Clause
34A.2.
34A.2 The data referred to in Clause 34A.1 must be appropriately coded by
the Contractor and uploaded onto the Contractor's computerised clinical
systems in line with the requirements of guidance published by NHS
Employers for these purposes16.
34A.3 The Contractor must ensure that the coded data is uploaded onto its
computerised clinical systems and available for collection by the Health
and Social Care Information Centre at such intervals during each
financial year as are notified to the Contractor by NHS Digital.
16 See section 2 of the guidance entitled "2017/18 General Medical Services (GMS) Contract" published by NHS Employers which is available at http://www.nhsemployers.org/gms201718U or from NHS Employers, 2 Brewery Wharf, Kendall Street, Leeds, LS10 1JR.
Classification: Official
94
34B Information relating to indicators no longer in the
Quality and Outcomes Framework17
34B.1 The Contractor must allow the extraction from the Contractor's
computerised clinical systems by the Health and Social Care
Information Centre specified in the table set out at Schedule 11 to this
Contract relating to clinical indicators which are no longer in the Quality
Outcomes Framework at such intervals during each financial year as
are notified to the Contractor by NHS Digital.
34C Information relating to alcohol related risk
reduction and dementia diagnosis and treatment
34C.1 The Contractor must allow the extraction by the Health and Social Care
Information Centre of the information18 specified in:
34C.1.1 Clause 34C.2 in relation to alcohol related risk reduction;
and
34C.1.2 Clause 34C.3 in relation to dementia diagnosis and
treatment;
from the record that the Contractor is required to keep in respect of
each Registered Patient under regulation 60 of the PMS Agreements
Regulations by such means, and at such intervals during each Financial
17 The Quality and Outcomes Framework (QOF) is provided for in Section 4 and Annex D of the General Medical Services Statement of Financial Entitlements Direction 2013 which were signed on 27th March 2013 (as amended). Participation by contractors in the QOF is voluntary. However, contractors which participate in the QOF are required to accomplish the specified tasks or achieve the specified outcomes which are included in the QOF as “indicators” in return for payments which are measured against their achievements in respect of particular indicators. The General Medical Services Statement of Financial Entitlements 2013 is available at: https://www.gov.uk/government/publications/nhs-primary-medical-services-directions-2013. Hard copies may be obtained by post from the General Practice Team, Quarry House, Quarry Hill, Leeds LS2 7UE. 18 See section 4 of the guidance entitled "2017/18 General Medical Services (GMS) Contract" published by NHS Employers which is available at http://www.nhsemployers.org/gms201718 or from NHS Employers, 2 Brewery Wharf, Kendall Street, Leeds, LS10 1JR.
Classification: Official
95
Year, as are notified to the Contractor by the Health and Social Care
Information Centre.
34C.2 The information specified in this Clause is information required in
connection with the requirements under Clauses 31.127 to 31.132.
34C.3 The information specified in this Clause is information relating to any
clinical interventions provided by the Contractor in the preceding 12
months in respect of a Patient who is suffering from, or who is at risk of
suffering from, dementia.
34D NHS Digital Workforce Censuses
34D.1 The Contractor must record and submit any data required by the Health
and Social Care Information Centre for the purposes of the NHS Digital
Workforce Census (known as the "Workforce Minimum Data Set") in
accordance with Clause 34D.2.
34D.2 The data referred to in Clause 34D.1 must be appropriately coded by
the Contractor in line with agreed standards set out in guidance
published by NHS Employers19 and must be submitted to the Health
and Social Care Information Centre by using the workforce module on
the Primary Care Web Tool which is a facility provided by the
Commissioner to the Contractor for this purpose.20
34D.3 The Contractor must ensure that the coded data is available for
collection by the Health and Social Care Information Centre at such
intervals during each Financial Year as are notified to the Contractor by
Health and Social Care Information Centre.
34E Information relating to overseas visitors
34E.1 The Contractor must:
19 See section 2 of the guidance entitled "2017/18 General Medical Services (GMS) Contract" published by NHS Employers which is available at http://www.nhsemployers.org/gms201718 or from NHS Employers, 2 Brewery Wharf, Kendall Street, Leeds, LS10 1JR. 20 The Primary Care Web Tool facility is the approved webtool made available by the Commissioner to contractors for the purposes of submitting data online. Further information regarding the collection and recording of data by contractors for the purposes of the NHS Digital Workforce Survey is available at http://content.digital.nhs.uk/wMDS or from NHS Digital, 1 Trevelyan Square, Boars Lane, Leeds, LS1 6AE.
Classification: Official
96
34E.1.1 record the information specified in Clause 34E.1.2 relating
to overseas visitors, where that information has been
provided to it by a newly registered Patient on a form
supplied to the Contractor by the Contractor for this
purpose; and
34E.1.2 where applicable, in the case of a Patient, record the fact
that the Patient is the holder of a European Health
Insurance Card or S1 Healthcare Certificate21 which has
not been issued to or in respect of the Patient in the
United Kingdom,
in the medical record that the Contractor is required to keep under
regulation 60 of the PMS Agreements Regulations in respect of the
Patient.
34E.2 The information specified in this Clause is:
34E.2.1 in the case of a Patient who holds a European Health
Insurance Card which has not been issued to the Patient
by the United Kingdom, the information contained on that
card in respect of the Patient; and
34E.2.2 in the case of a Patient who holds a Provisional
Replacement Certificate 22 issued in respect of the
Patient's European Health Insurance Card, the
information contained on that certificate in respect of the
Patient.
34E.3 The information referred to in Clause 34E.2 must be submitted by the
Contractor to NHS Digital:
21 An S1 Healthcare Certificate is issued to those who are posted abroad and who pay National Insurance Contributions in the United Kingdom or to people in receipt of UK exportable benefits (e.g. retirement pensions). Further information is available at: https://contactcentreservices.nhsbsa.nhs.uk/selfnhsukokb/AskUs_EHIC/template.do?name=S1+form+-+what+is+this+and+=how+do+I+obtain+one%253F&id=16477 or from NHS BSA, Stella House, Goldcrest Way, Newbury Riverside, Newcastle Upon Tyne, NE15 8NY. 22 Further information about Provisional Replacement Certificates is available at: http://www.nhs.uk/NHSEngland/Healthcareabroad/EHIC/Pages/about-the-ehic.aspx or from NHS England, PO Box 16738, Redditch, B97 7PT.
34E.4
35
35.1
34E
34E
Wh
Con
Dep
34E
34E
Pro
The
or a
pers
of 28
35.1
35.1
but
mad
the
of S
rela
Con
to t
E.3.1
E.3.2
ere the P
ntractor mu
partment fo
E.4.1
E.4.2
ovision
Contracto
person au
son authori
8 days of t
1.1 a
C
C
1.2 a
co
the Contra
de in acco
Commissi
State unde
ating to the
nfidentiality
herein.
Class
electronica
by post in
Digital, S
Merseysid
Patient is
ust send th
or Work an
electronica
by post in
Team, Du
NE38 7SF
of Info
or must, at
uthorised in
ised by it to
the request
ny informa
Commission
Contract; an
ny other in
onnection
actor shall
rdance wit
ioner in ac
r section 9
e provision
y Direction
sification: O
ally at NHS
n hard co
Smedley H
de PR8 2H
a holder
hat certifica
nd Pension
ally at NHS
n hard cop
urham Ho
F.
ormation
the reques
n writing by
o access,
t being ma
ation which
ner for the
nd
nformation
with the C
not be req
th this Clau
ccordance w
98A (Exerc
of informa
ns and the
Official
SDIGITAL-
opy form t
Hydro, Tr
H.
of a S1
ate, or a co
ns:
SDIGITAL-
py form to
ouse, Was
n to the
st of the Co
y it, or allow
on request
ade:
h is reason
purposes
which is re
Commission
quired to co
use 35.1 u
with direct
cise of Fun
ation by Co
parts of th
-EHIC@nh
to EHIC,
rafalgar R
Healthcare
opy of that
-EHIC@nh
o the Ove
shington, T
Comm
ommission
w the Com
t within a m
ably requir
of or in co
easonably
ner’s functi
omply with
nless it ha
ions made
ctions) of t
ontractors,
e Code of
hs.net; or
PDS NBO
Road, So
e Certifica
t certificate
hs.net; or
erseas Hea
Tyne and
issione
ner, produc
mmissioner
maximum p
red by the
onnection w
required in
ions,
h any reque
s been ma
e by the Se
the 2006 A
the
Practice re
97
O, NHS
uthport,
ate, the
e, to the
althcare
Wear,
er
ce to it,
r, or a
period
with the
n
est
ade by
ecretary
Act
eferred
35.2
35.3
35.4
35.5
35A
35A.1
35A.2
Subj
relat
Con
the p
The
resp
Web
Con
The
Com
35.4
35.4
The
Con
whi
sub
Fri
A C
who
abo
Fam
The
35A
35A
in th
ject to Cla
ting to Pati
tractor's p
purpose or
Contracto
pect of any
b Tool facil
tractor for
Contracto
mmissioner
4.1 b
fi
4.2
e requirem
ntractor do
ch would e
bmit an onl
riends a
Contractor w
o use the C
out the serv
mily Test.
e Contracto
A.2.1
A.2.2
he manner
Class
use 35.5, a
ient access
ractice as
r in connec
or must sub
y GP acces
ity which is
this purpo
or must sub
r twice in e
y 31 Octob
nancial yea
by 30 Sep
subsequen
ents of Cla
oes not hav
enable it to
ine return
nd Fam
which prov
Contractor'
vice receiv
or must:
report the
to the Com
publish the
r approved
sification: O
a Contract
s to Prima
the Comm
ct with, the
bmit an onl
ss data col
s provided
ose.
bmit an onl
every finan
ber 2016 a
ar that end
ptember an
nt financia
auses 35.2
ve access
o use the P
of GP acc
mily Test
vides Esse
's Practice
ved from th
results of
mmissione
e results o
d by the Co
Official
tor must co
ry Medical
missioner m
e contract.
line return
lected by i
d by the Co
line return
cial year-
and 31 Mar
ds on 31 M
nd 31 Marc
l year until
2 to 35.4 do
to compute
Primary Ca
ess data to
t
ential Servi
the oppor
he Practice
completed
r; and
f such com
ommissione
ollect such
Services a
may reason
to the Com
t using the
ommissione
of GP acc
rch 2017 in
March 2017
ch respectiv
31 March
o not apply
er systems
are Web To
o the Comm
ces must g
tunity to pr
through th
d Friends a
mpleted Te
er.
informatio
at the
nably requi
mmissione
e Primary C
er to the
cess data to
n respect o
7; and
vely for ea
h 2021.
y where the
s and softw
ool facility t
missioner.
give all Pa
rovide feed
he Friends
and Family
ests,
98
on
re for
r in
Care
o the
of the
ach
e
ware
to
tients
dback
s and
Tests
Classification: Official
99
35A.3 In this Clause 35A, "Friends and Family Test" means the arrangements
that a Contractor is required by the Commissioner to implement to
enable its Patients to provide anonymous feedback about the patient
experience at the Contractor's Practice.
35B Publication of earnings information
35B.1 The Contractor must publish each year on its practice website (if it has
one) the information specified in clause 35B.2.
35B.2 The information specified in this sub-paragraph is:
35B.2.1 the mean net earnings in respect of the previous financial
year of:
35B.2.1.1 all general medical practitioners who were
party to the agreement for a period of at
least six months during that financial year,
and
35B.2.1.2 any general medical practitioners who were
employed or engaged by the Contractor to
provide services under the Contract in the
Contractor's Practice, whether on a full-time
or part-time basis, for a period of six months
during that financial year; and
35B.2.2 the:
35B.2.2.1 total number of any general medical
practitioners to whom the earnings
information referred to in clause 35B.2.1
relates, and
35B.2.2.2 (where applicable) the number of those
practitioners who have been employed or
engaged by the Contractor to provide
services under the Contract in the
Contractor's Practice on a full time or a part
35B.3
35B.4
36
36.1
The
35B
35B
For
calc
prac
perf
med
disr
or p
Pra
The
com
Sche
36.1
36.1
36.1
e informatio
B.3.1
B.3.2
r the purpo
culated by
ctitioner th
formance o
dical servic
regarded a
providing th
actice L
Contracto
mpile a prac
edule 8;
1.1 re
tw
to
1.2 m
u
C
1.3 a
c
th
Class
on specifie
published
year follow
relates; an
made ava
request.
oses of clau
reference
at, in the o
or provisio
ces to whic
any expens
hose servic
Leaflet
or shall:
ctice leaflet
eview its p
welve (12)
o maintain
make availa
pdates, to
Commission
mend the
hanges to
herein with
sification: O
time ba
months
of whic
ed in claus
by the Co
wing the fin
nd
ilable by th
use 35B, "
to the earn
opinion of t
n by the p
ch Part 4 o
ses proper
ces.
t which sh
ractice lea
months an
its accurac
able a copy
its Patient
ner;
Practice Le
the Servic
hin three (3
Official
asis and fo
s during th
ch that info
e 35B.2 m
ntractor be
nancial yea
he Contrac
mean net e
nings of a
the Board,
ractitioner
of the 2006
ly incurred
all include
aflet at leas
nd make a
cy;
y of the lea
ts and pros
eaflet if the
ces or to th
3) months o
or a period
e financial
ormation re
ust be:
efore the e
ar to which
ctor in hard
earnings" a
general me
are attribu
under the
6 Act applie
in the cou
the inform
st once in e
ny amendm
aflet, and a
spective pa
ere are any
e informat
of such cha
of at least
l year in re
elates.
nd of the f
h that inform
d copy form
are to be
edical
utable to th
agreemen
es, after ha
urse of perf
mation spec
every perio
ments nec
any subseq
atients and
y material
tion provide
ange(s).
100
t six
espect
financial
mation
m on
he
nt of
aving
forming
cified in
od of
cessary
quent
d to the
ed
37
37.1
37.2
38
38.1
38.2
38.3
Pro
Whe
that
know
plan
The
Web
Inq
The
answ
conc
38.1
38.1
38.1
38.1
An i
eithe
its fu
oblig
The
Clau
38.3
ovision
ere the Con
website de
wn as the O
n or postco
Contracto
bsite.
quiries a
Contracto
wer any inq
cerning:
1.1 a
c
1.2 th
s
1.3 th
to
2
1.4 th
re
nquiry refe
er of obtain
unctions or
gations und
Contracto
use 38.1 un
3.1 in
q
Class
of Prac
ntractor ha
etails of th
Outer Bou
de as set o
or shall mai
about P
or shall, sub
quiries whe
ny Prescri
reated by a
he conside
uch forms;
he referral
o any other
012 Act (a
he conside
eferrals or
erred to in C
ning inform
r of assistin
der the Co
or shall not
nless it is m
n the case
ualified He
sification: O
ctice Inf
as a websit
e Patient R
ndary Area
out in Anne
intain its p
Prescrip
bject to Cla
ether oral
ption Form
a Prescribe
erations by
;
by or on b
r services
as the case
erations by
provides fo
Clause 38
mation to as
ng the Con
ontract.
be obliged
made:
of Clause
ealth Care
Official
formatio
te, the Con
Registratio
a, by refere
ex 3.
ractice det
ptions a
auses 38.2
or in writin
m or Repea
er;
reference
behalf of th
provided u
e may be);
which the
or them to
.1 may onl
ssist the C
ntractor in
d to answe
38.1.1 or 3
Profession
on on th
ntractor mu
n Area, inc
ence to a s
tails on the
and Refe
2 and 38.3,
g from the
atable Pres
to which P
e Contract
under the 2
or
Contracto
be made o
y be made
Commission
the discha
er any inqu
38.1.2 by a
nal; or
he Inter
ust publish
cluding the
sketch diag
e NHS Cho
errals
, sufficient
e Commiss
scription is
Prescribers
tor of any P
2006 Act o
or makes s
on its beha
e for the pu
ner to disc
arge of its
uiry referred
an appropr
101
rnet
h on
e area
gram,
oices
ly
sioner
sued or
s issue
Patient
r the
uch
alf.
urpose
harge
d to in
riately
39
39.1
39.2
39.3
40
40.1
40.2
38.3
appo
of its
writt
mak
Fin
In m
Act o
pres
Con
well
its o
The
drug
Con
The
to an
Con
Pe
The
Sche
not l
requ
The
Con
refe
3.2 in
q
ointed in e
s functions
ten evidenc
ke such an
nancial
making a de
or the 201
scribe any
tractor sha
as the pro
own financi
Contracto
g, medicine
tractor or a
Contracto
nother of th
tractor to o
erforman
Contracto
edule 6 (P
limited to,
uire the Co
Contracto
tractors co
rred to in t
Class
n the case
ualified me
ither case
s under Cla
ce that tha
inquiry on
Interes
ecision to r
2 Act (as t
drug, med
all have reg
ovisions of
al interests
or shall not
e or other A
a person w
or must not
he Contrac
obtain a fin
nce Man
or shall com
erformanc
providing s
ontractor to
or shall coo
o-operate w
his Clause
sification: O
of Clause
edical prac
by the Co
ause 38.1 a
at person is
n its behalf
ts
refer a Pat
the case m
icine or oth
gard to all
Clauses 2
s and othe
inform Pa
Appliance
with whom
t act in any
ctor’s prim
nancial gai
nageme
mply with th
ce Manage
such data
o produce u
operate and
with the Au
e 40.
Official
38.1.3 or 3
ctitioner,
mmissione
and 38.2 w
s authorise
.
ient for oth
may be), or
her Applia
relevant c
24 to 30 of
er inapprop
tients that
must be d
the Contra
y way to en
ary care co
n.
ent and
he monitor
ment) to th
and inform
under this
d shall pro
uthority in c
38.1.4, by
er to assist
who produc
ed by the C
her service
in making
nce to any
linical cons
this Contra
priate finan
any presc
ispensed o
actor is ass
ncourage a
ontracts in
Monito
ring arrang
his Contrac
mation as th
Contract.
cure that it
carrying ou
an approp
t it in the ex
ces, on req
Commissio
es under th
a decision
y Patient th
siderations
act and dis
cial interes
cription for
only by the
sociated.
a Patient to
order for t
oring
gements se
ct including
he Authorit
ts Sub-
ut the mon
102
priately
xercise
quest,
ner to
e 2006
n to
he
s as
sregard
sts.
any
e
o move
the
et out in
g but
ty may
itoring
Classification: Official
103
40A Patient Participation 40A.1 A Contractor which provides Essential Services must establish and
maintain a group known as a "Patient Participation Group" comprising
of some of its Registered Patients for the purposes of:
40A.1.1 obtaining the views of Patients who have attended the
Contractor's Practice about the services delivered by the
Contractor; and
40A.1.2 enabling the Contractor to obtain feedback from its
Registered Patients about those services.
40A.2 The Contractor is not required to establish a Patient Participation
Group if such group has already been established by the Contractor
pursuant to the provisions of any directions about Enhanced Services
which were given by the Secretary of State under section 98A of the
2006 Act before 1st April 2015.
40A.3 The Contractor must make reasonable efforts during each financial
year to review the membership of its Patient Participation Group in
order to ensure that the Group is representative of its Registered
Patients.
40A.4 The Contractor must:
40A.4.1 engage with its Patient Participation Group, at such
frequent intervals throughout each financial year as the
Contractor must agree with that Group, with a view to
obtaining from the Contractor's Registered Patients, in an
appropriate and accessible manner which is designed to
encourage patient participation, about the services
delivered by the Contractor; and
40A.4.2 review any feedback received about the services
delivered by the Contractor, whether pursuant to sub-
clause 40A.4.1 or otherwise, with its Patient Participation
40A.5
40A.6
41
41.1
The
imp
agr
In t
beg
yea
No
In ad
the C
reas
any
affec
oblig
41.1
41.1
41.1
41.1
41.1
41.1
e Contracto
provements
reed betwe
his clause
ginning on
ar.
otificatio
ddition to a
Contractor
sonably pra
serious inc
cts or is lik
gations und
1.1 a
ri
1.2 a
ri
th
1.3 a
th
1.4 a
R
1.5 th
1.6 a
Class
Group with
improvem
services.
or must ma
s to the se
een the Co
40A "finan
1st April ea
ons to t
any require
r shall notif
acticable, o
cident that
kely to affec
der the Co
ny circums
ght to term
ny circums
ght to term
he Contrac
ny appoint
he propose
ny change
Registered
he death of
ny change
sification: O
h a view to
ents (if any
ake reason
rvices deliv
ntractor an
ncial year"
ach year a
the Com
ements of n
fy the Com
of:
t, in the rea
ct the Con
ontract;
stances wh
minate the C
stances wh
minate the C
ct;
tments sys
ed disconti
e of which i
Patient;
f any Patie
es in clinica
Official
o agreeing
y) which ar
nable effor
vered by th
nd its Patie
means the
nd ending
mmissio
notification
mmissioner
asonable o
tractor’s pe
hich give ri
Contract u
hich give ri
Contract u
stem which
nuance of
it is aware
ent of whic
al and non-
with that G
re to be ma
ts to imple
he Contrac
ent Particip
e 12 month
on 31st Ma
oner
n elsewher
in writing,
opinion of t
erformance
se to the C
nder Claus
se to the C
nder any o
h it propose
any such s
in the add
h it is awar
-clinical sta
Group the
ade to thos
ement such
ctor as are
pation Grou
h period
arch the fo
re in the Co
as soon a
the Contrac
e of its
Commissio
ses 60 and
Commissio
other provi
es to opera
system;
dress of a
re; and
aff.
104
se
h
up.
ollowing
ontract,
as
ctor,
oner’s
d 61;
oner’s
sion of
ate and
41.2
41.3
41.4
Whe
Com
41.2
41.2
41.2
41.2
41.2
41.2
41.2
A no
the c
shar
41.3
41.3
A no
the c
and
ere the Con
mmissioner
2.1 it
m
2.2 c
to
re
2.3 c
a
2.4 th
o
2.5 a
is
(w
a
2.6 if
id
w
o
2.7 a
otice under
case may
reholder:
3.1 fa
2
3.2 m
v
otice under
case may
secretarie
Class
ntractor is
r forthwith w
passes a
makes an o
ircumstanc
o appoint a
eceiver for
ircumstanc
winding u
he Contrac
f section 1
number o
ssue in the
whether leg
fter the Co
there is an
dentity of th
within the m
r
new direc
r Clause 4
be, the per
alls within s
006 Act; a
meets the fu
irtue of dire
r Clause 4
be, secreta
es by virtue
sification: O
a compan
when:
resolution
order that t
ces arise w
a receiver,
r the Contra
ces arise w
p order in
ctor is unab
23 of the I
of shares eq
Contracto
gally or be
ontract has
ny change
he ultimate
meaning of
ctor or secr
1.2.5 shall
rsonal repr
section 93
and
urther cond
ection 4 of
1.2.7 shall
ary meets
e of directio
Official
y, it shall g
or a court
he Contrac
which migh
administra
actor;
which woul
respect of
ble to pay i
nsolvency
qual to 10%
or are trans
eneficially)
s been ente
in the Con
e parent wi
section 11
retary is ap
confirm th
resentative
(1)(a), (b),
ditions imp
f the APMS
confirm th
the condit
on 4 of the
give notice
of compet
ctor be wo
ht entitle a c
ator or adm
d enable th
the Contra
its debts w
Act 1986;
% or more
smitted or t
to another
ered in;
ntractor’s G
thin that G
159 Compa
ppointed.
he new sha
e of a dece
(c), (d), (e
posed on s
S Direction
hat the new
ions impos
APMS Dir
in writing
tent jurisdic
und up;
creditor or
ministrative
he court to
actor;
within the m
of the sha
transferred
r person on
Group stru
Group struc
anies Act 2
areholder,
eased
e) or (f) of
shareholde
ns.
w director o
sed on dire
rections.
105
to the
ction
r a court
e
o make
meaning
ares in
d
n a date
cture or
cture
2006;
or, as
the
ers by
or, as
ectors
42
42.1
43
43.1
43.2
No
The
the P
Wor
shal
42.1
42.1
42.1
42.1
42.1
42.1
En
Subj
pers
the P
Com
mate
enga
inve
inve
to th
unde
The
43.2
otificatio
Contracto
Practice P
rking Day a
l include:
1.1 th
1.2 th
k
1.3 th
1.4 a
s
1.5 th
w
1.6 th
p
ntry and
ject to the
sons autho
Practice P
mmissioner
erials, and
aged by th
estigation in
estigation to
he Law) tha
er this Con
conditions
2.1 re
a
Class
on of De
or shall rep
remises of
after the da
he Patient’s
he Patient’s
nown;
he date and
brief desc
urrounding
he name of
whilst on the
he name, w
resent at t
d inspec
conditions
orised in wr
remises at
r shall have
/or to inter
he Contract
nto the clin
o be propo
at are reas
ntract at an
s referred t
easonable
ction) has
sification: O
eaths
ort in writin
f any Patie
ate on whic
s full name
s National
d place of
cription of t
g the death
f any docto
e Practice
where know
he time of
ction by
s in Clause
riting by th
t any reaso
e the right
rview any s
tor (but on
nical perfor
ortionate an
sonably con
ny reasona
to in Claus
notice of t
been give
Official
ng to the C
ent no later
ch the dea
e;
Health Se
death;
the circums
h;
or or other
Premises;
wn, of any
the death.
y the Co
e 43.2, the
e Commis
onable time
to examin
staff includ
ly as part o
rmance of
nd, for the
nnected to
able time.
se 43.1 are
the intende
n;
Commission
r than the e
th occurre
ervice num
stances, as
person tre
; and
other pers
.
ommissi
Contractor
sioner to e
e. In additi
e any equi
ing any co
of a proper
the Contra
avoidance
o the delive
e that:
ed entry (o
ner the de
end of the
d. The rep
ber where
s known,
eating the P
son who w
ioner
r shall allo
enter and in
on, the
ipment and
ontractors
rly conduc
actor, such
e of doubt,
ery of servi
r other pro
106
ath on
first
port
Patient
as
w
nspect
d/or
ted
subject
ces
oposed
44
44.1
45
45.1
46
46.1
43.2
43.2
En
Or
The
repr
carry
regu
allow
Loca
En
Co
The
Com
with
insp
Co
Upo
Sec
ensu
prac
of th
46.1
2.2 w
e
th
2.3 e
u
th
ntry and
rganisat
Contracto
resentative
ying-on of
ulations ma
w entry by
al Governm
ntry and
ommiss
Contracto
mmission to
section 62
pection).
ounter F
on the requ
urity Mana
ure that the
cticable an
he request
1.1 a
d
Class
written evid
ntry (or to
he Contrac
ntry is not
sed as res
he resident
d Viewin
tions
or must com
e to enter a
activities o
ade under
Local Hea
ment and P
d Inspec
ion
or shall allo
o enter and
2 of the He
Fraud an
est of the
agement Se
e CFSMS
d in any ev
to:
ll property,
ata) owned
sification: O
ence of the
take any o
ctor on req
made to a
sidential ac
t.
ng by Lo
mply with t
and view th
on the Prac
section 22
althwatch O
Public Invo
ction by
ow persons
d inspect th
ealth and S
nd Secu
Commissio
ervice (the
is given ac
vent not la
, premises
d or contro
Official
e authority
other propo
uest; and
any premis
ccommoda
ocal He
he require
he Practice
ctice Prem
25 (Duties o
Organisatio
olvement H
y the Ca
s authorise
he Practice
Social Care
urity Ma
oner or the
e “CFSMS”
ccess as so
ter than se
s, informatio
olled by the
y of the per
osed action
es or part o
tion withou
althwat
ment to all
e Premises
mises in acc
of Service
ons or Con
ealth Act 2
are Qual
ed by the C
e Premises
e Act 2008
anagem
e NHS Cou
”), the Cont
oon as is r
even (7) da
on (includi
e Contracto
rson seekin
n) is produ
of the prem
ut the cons
tch
low an aut
s and obse
cordance w
Contracto
ntractors) o
2007.
lity
Care Qualit
s in accord
8 (entry and
ment
unter Fraud
tractor sha
reasonably
ays from th
ng records
or relevant
107
ng
ced to
mises
sent of
horised
rve the
with
ors to
of the
ty
dance
d
d and
all
y
he date
s and
t to the
46.2
46.3
46.4
46.5
47
47.1
46.1
The
the s
prev
relat
The
Com
auth
put i
The
fraud
matt
The
term
in tim
Ce
The
repr
colu
the p
colu
certi
47.1
d
co
a
1.2 a
in
in
in
Contracto
security of
vention and
tion to pub
Contracto
mmissioner
horised to a
in place by
Contracto
d or corrup
ter to the C
provisions
mination of
me.
ertificate
Contracto
resentative
mn 1 of th
purposes o
mn 2 of th
ificate relat
1.1 is
e
Class
etection an
orruption d
nd
ll members
nformation
nvestigatio
ndirectly co
or shall put
Patients w
d detection
blic funds.
or shall, on
r or its auth
act on beh
y the Contr
or shall pro
ption involv
Commissio
s of Clause
the Contra
es
or shall issu
e any medic
e table bel
of the enac
e table bel
tes, the Pa
s being atte
mployed o
sification: O
nd investig
directly or i
s of the Co
to provide
n of cases
onnection t
in place a
whilst in the
n of fraud b
request by
horised rep
alf of the C
ractor purs
mptly upon
ving the Pa
oner.
es 46.1 and
act for any
ue free of c
cal certifica
low which
ctments sp
low, excep
atient:
ended by a
or engaged
Official
gation of ca
ndirectly c
ontractor’s
e that is rel
s of fraud a
to the Cont
ppropriate
e Practice
by or in rela
y the Com
presentativ
CFSMS, to
suant to Cla
n becomin
atients or p
d 46.4 sha
reason wh
charge to a
ate of a de
is reasona
pecified in r
pt where, fo
a medical p
d by the Co
ases of frau
connected t
staff who
evant to th
and/or corru
tract.
arrangem
Premises
ation to Pa
missioner
ve or a pers
review the
ause 46.2.
g aware of
public fund
all continue
hatsoever a
a Patient o
escription p
ably require
relation to
or the cond
practitioner
ontractor, a
ud and/or
to the Con
may have
he detectio
uption dire
ments to en
and for the
atients and
permit the
rson duly
e arrangem
.
f any susp
s, report s
e following
and withou
or his perso
prescribed
ed under o
the certific
dition to wh
r who is no
a party to t
108
ntract;
n and
ectly or
sure
e
/or in
e
ments
ected
uch
ut limit
onal
in
or for
cate in
hich the
ot
his
Classification: Official
109
Contract or a shareholder in a qualifying body which is a
party to this Contract; or
47.1.2 is not being treated by or under the supervision of a Health
Care Professional.
Table – List of Prescribed Medical Certificates
Description of medical certificate Enactment under or for the purpose of
which certificate required
1. To support a claim or to obtain
payment either personally or by
proxy; to prove incapacity to work or
for self-support for the purposes of an
award by the Secretary of State; or to
enable proxy to draw pensions etc.
Naval and Marine Pay and Pensions Act
1865 Air Force (Constitution) Act 1917
Pensions (Navy, Army, Air Force and
Mercantile Marine) Act 1939 Personal
Injuries (Emergency Provisions) Act 1939
Pensions (Mercantile Marine) Act 1942
Polish Resettlement Act 1947 Social
Security Administration Act 1992 Social
Security Contributions and Benefits Act
1992 Social Security Act 1998
2. To establish pregnancy for the
purpose of obtaining welfare foods
Section 13 of the Social Security Act
1988 (schemes for distribution etc of
welfare foods)
3. To secure registration of still-birth Section 11 of the Births and Deaths
Registration Act 1953 (special provision
as to registration of still-birth)
4. To enable payment to be made to an
institution or other person in case of
mental disorder of persons entitled to
payment from public funds.
Section 142 of the Mental Health Act
1983 (pay, pensions etc of mentally
disordered persons)
5. To establish unfitness for jury service. Juries Act 1974
Des
6. To
rein
noti
up e
7. To
as a
phy
8. To
cert
cha
med
9. To
a se
for
Cou
in re
Tax
47.2
48
scription o
support lat
nstatement
ification of
employme
enable a p
an absent
ysical incap
support ap
tificates co
arges in res
dicines and
support a c
everely me
exemption
uncil Tax o
espect of t
x payable.
The
certi
(Med
Sick
Pa
The
acco
of medical
te applicat
t in civil em
non-availa
ent owing to
person to b
voter on g
pacity
pplications
onferring ex
spect of dr
d Applianc
claim by o
entally imp
n from liabi
or eligibility
the amoun
exception
ificate is is
dical Evide
k Pay (Med
ayment
Commissi
ordance wi
Class
l certificat
ion for
mployment
ability to ta
o sickness
be registere
rounds of
for
xemption f
rugs,
ces.
r on behalf
aired pers
lity to pay t
y for a disco
t of Counc
referred to
sued pursu
ence) Regu
dical Evide
under t
ioner will p
ith Schedu
sification: O
te Ena
or
ake
s.
Res
Emp
ed Rep
from
Nat
f of
on
the
ount
cil
Loc
o in Clause
uant to reg
ulations 19
nce) Regu
he Con
pay the Co
ule 4.
Official
actment u
which
serve Force
ployment)
presentatio
ional Healt
cal Governm
e 47.1.1 sh
gulation 2(1
976 or regu
ulations 198
tract
ntractor th
nder or fo
certificate
es (Safegu
Act 1985.
on of the Pe
th Service
ment Finan
hall not app
1) of the S
ulation 2(1)
85.
e Contract
or the purp
e required
uarding of
eople Act
Act 2006
nce Act 19
ply where
ocial Secu
) of the Sta
t Price in
110
pose of
d
1985
992
the
urity
atutory
49
49.1
49.2
Fe
The
dem
49.1
49.1
The
othe
49.2
49.2
es and
Contracto
mand or acc
1.1 a
o
4
4
1.2 a
o
4
4
Contracto
er remuner
2.1 fr
p
2.2 fr
e
e
s
e
ta
Class
Charge
or shall not
cept from:
any of its P
ther remun
9.1.1.1
9.1.1.2
except in t
ny of its Pa
ther remun
9.1.2.1
9.1.2.2
or may dem
ration:
rom any sta
urposes of
rom any bo
xamination
mployer or
uch person
mployer or
ake;
sification: O
es
, either itse
Patients oth
neration fo
for the pr
under the
for any p
any drug
the circum
atients oth
neration fo
for the pr
Contract
for any p
any drug
with that
mand or ac
atutory bod
f that body
ody, emplo
n of person
r school is
ns for the p
r school of
Official
elf or throu
her than R
or its own o
rovision of
e Contract
prescription
, medicine
stances se
er than a R
or its own o
rovision of
, or
prescription
, medicine
treatment
ccept, direc
dy for serv
y's statutory
oyer or sch
ns for whos
responsib
purpose of
f any admin
gh any oth
egistered P
or another’s
any treatm
or otherwi
n or repeat
e or Applian
et out in Cl
Registered
or another's
any treatm
n or repeat
e or Applian
.
ctly or indir
vices rende
y functions
ool for a ro
se welfare
le, or an e
f advising t
nistrative a
her person
Patients a
s benefit:
ment wheth
ise, or
t prescriptio
nce,
lause 49.2
d Patient a
s benefit:
ment under
t prescriptio
nce in con
rectly, a fee
ered for the
s;
outine med
the body,
examination
the body,
action they
111
,
fee or
her
on for
.
fee or
r the
on for
nection
e or
e
dical
n of
y might
Classification: Official
112
49.2.3 for treatment which is not Primary Medical Services or
otherwise required to be provided under the Contract and
which is given:
49.2.3.1 pursuant to Paragraph 11 of Schedule 6 of the
2006 Act (accommodation and services for
private patients), or
49.2.3.2 in a registered nursing home which is not
providing services under the 2006 Act,
if, in either case, the person administering the treatment is
serving on the staff of a hospital providing services under
the 2006 Act or the 2012 Act (as the case may be) as a
specialist providing treatment of the kind the Patient
requires and if, within 7 days of giving the treatment, the
Contractor or the person providing the treatment supplies
the relevant body, on a form provided by it for the purpose,
with such information about the treatment as it may
require;
49.2.4 under section 158 of the Road Traffic Act 1988 (payment
for emergency treatment of traffic casualties);
49.2.5 when it treats a Patient under clause 49.3 in compliance
with Regulation 18(3) of the PMS Agreements Regulations,
in which case it shall be entitled to demand and accept a
reasonable fee (recoverable in certain circumstances under
Clause 49.4 for any treatment given, if it gives the Patient a
receipt;
49.2.6 for attending and examining (but not otherwise treating) a
Patient:
49.2.6.1 at his request at a police station in connection
with possible criminal proceedings against
him;
Classification: Official
113
49.2.6.2 at the request of a commercial, educational or
not for profit organisation for the purpose of
creating a medical report or certificate;
49.2.6.3 for the purpose of creating a medical report
required in connection with an actual or
potential claim for compensation by the
Patient;
49.2.7 for treatment consisting of an immunisation for which no
remuneration is payable by the relevant body and which is
requested in connection with travel abroad;
49.2.8 for prescribing or providing drugs, medicines or Appliances
(including a collection of such drugs, medicines or
Appliances in the form of a travel kit) which a Patient
requires to have in his possession solely in anticipation of
the onset of an ailment or occurrence of an injury while he
is outside the United Kingdom but for which he is not
requiring treatment when the medicine is prescribed;
49.2.9 for a medical examination:
49.2.9.1 to enable a decision to be made whether or
not it is inadvisable on medical grounds for a
person to wear a seat belt, or
49.2.9.2 for the purpose of creating a report:
49.3
49.4
49.2
49.2
49.2
Whe
and
a fee
abou
treat
subj
Whe
Com
fee (
may
days
was
2.9.A fo
pa
ap
se
2.10 w
a
C
P
re
P
m
th
a
2.11 fo
c
ere a perso
claims to b
e or other
ut that pers
tment and
ect to the
ere a perso
mmissioner
(or such lo
y allow if it
s was reas
entitled to
Class
or testing th
aragraphs
pplies (incl
ection 115(
where it is a
ccordance
Commission
Pharmaceu
egulations
Pharmaceu
medicines a
hat Patient
ny Schedu
or prescrib
hemoprop
on applies
be entitled
remunerat
son’s claim
shall be e
provision f
on from wh
r for a refun
onger perio
is satisfied
sonable) an
o be treated
sification: O
49.2.9.2.
49.2.9.2.
he sight of
(a) to (e) o
luding by v
(7) of the 2
a Contracto
e with arran
ner under
utical Servic
made und
utical Servic
and Applia
t, otherwise
uled Drug;
ing or prov
hylaxis.
to the Con
to be trea
tion and th
m, the Con
ntitled to d
for repaym
hom the Co
nd within f
od not exce
d that the fa
nd the Com
d by the C
Official
1 relatin
or crim
2 that of
wheth
f a person t
of section 1
virtue of reg
2006 Act);
or which is
ngements
section 12
ces) and in
der section
ces) of the
nces to a P
e than by w
and
viding drug
ntractor for
ated by the
e Contract
tractor sha
demand an
ment contai
ontractor re
fourteen (1
eeding a m
ailure to ap
mmissione
ontractor w
g to a road
minal assau
ffers an op
er a Patien
to whom n
115(2) of th
gulations m
s authorise
made with
6 (Arrange
n accordan
129 (Regu
e 2006 Act
Patient and
way of Disp
gs or medic
r the provis
Contracto
tor has rea
all give any
nd accept a
ned in Clau
eceived a f
4) days of
month as th
pply within
r is satisfie
without pay
d traffic ac
ult; or
pinion as to
nt is fit to tr
none of
he 2006 A
made unde
ed or requir
the
ements for
nce with
ulations at
to provide
d provides
pensing Se
cines for m
sion of Ser
or without p
asonable d
y necessar
a reasonab
use 49.4.
fee applies
f payment o
he Commis
fourteen (
ed that the
ying a fee o
114
cident
o
ravel;
Act
er
red in
r
to
e drugs,
for
ervices,
malaria
vices
paying
oubts
ry
ble fee
s to the
of the
ssioner
(14)
person
or other
49.5
49.6
rem
reco
othe
In th
49.5
49.5
This
uneration w
over the am
erwise, and
he provisio
5.1 p
it
a
a
5.2 w
p
A
P
4
4
4
s Clause 49
Class
when the t
mount of th
d shall pay
n of the Se
rovide info
provides (
ppropriate
nd accurat
where the o
art of the h
Act or the 2
Patient:
9.5.2.1
9.5.2.2
9.5.2.3
9 shall surv
sification: O
treatment w
he fee from
y that amou
ervices, the
ormation to
(other than
and shall
te; and
other servic
health serv
2012 Act (a
that the s
of any ch
and, if no
is free; a
how to ac
vive the ex
Official
was given,
m the Contr
unt to the p
e Contract
o the Patien
n under the
ensure tha
ces are av
vice establi
as the case
services ar
harge that
o such cha
nd
ccess thos
xpiry or ter
the Comm
ractor, by s
person who
or shall:
nts regardi
e Contract)
at such info
ailable to t
ished purs
e may be),
re so availa
apply to th
rge applies
se health s
mination o
missioner m
set off or
o paid the
ing other s
) only wher
ormation is
the Patient
suant to the
inform the
able;
hat health s
s, that the
services.
of the Cont
115
may
fee.
services
re
s fair
t as
e 2006
e
service
service
ract.
50
50.1
50.2
51
51.1
52
52.1
Cli
With
requ
50.1
50.1
50.1
The
of an
sect
Con
and
Ind
The
claim
othe
dam
omis
staff
caus
Ins
The
deta
inical G
hout prejud
uirements u
1.1 th
G
o
u
1.2 th
re
S
1.3 th
p
C
Contracto
ny obligatio
tion 17 (Ac
trolled Dru
other Orga
demnity
Contracto
ms, procee
er liabilities
mage to pro
ssion or br
f, agents o
sed by any
surance
Contracto
ailed in Sch
Class
Governa
dice to the
under the C
he Contrac
Governance
perating p
se of contr
he Contrac
esponsibilit
System of C
he person
erson who
Contract.
or shall co-o
ons of the
ccountable
ugs) and se
anisations)
y
or shall inde
edings, act
s in respect
operty whic
reach of ob
r sub-cont
y negligent
e
or shall at a
hedule 4 P
sification: O
ance
Contractor
Contract:
ctor shall h
e (which sh
rocedures
rolled drug
ctor shall n
ty for ensu
Clinical Go
nominated
o performs
operate wi
Commissi
Officers a
ection 18 (
) of the He
emnify the
tions, dama
t of any de
ch is cause
bligation un
tractors sav
t act of the
all times ho
Part 2 in res
Official
r’s obligatio
ave an effe
hall include
in relation
gs);
ominate a
uring the ef
overnance;
d under Cla
or manage
ith the Com
oner or its
nd their re
Co-operat
ealth Act 20
Commiss
ages, lega
eath or pers
ed directly
nder the Co
ve to the e
Commiss
old adequa
spect of an
on to meet
ective Syst
e appropria
to the ma
person wh
ffective ope
ause 50.1.2
es Service
mmissioner
accountab
sponsibiliti
ion betwee
006.
ioner fully
l costs, exp
sonal injury
or indirectl
ontract of t
extent that
ioner or its
ate insuran
ny incident
t all perform
tem of Clin
ate standa
anagement
ho will hav
eration of t
2 shall be
es under th
r in the dis
ble officers
ies as to
en Health B
against all
penses an
ry or loss o
ly by any a
the Contra
the same w
s servants.
nce in the s
against:
116
mance
nical
ard
t and
e
the
a
e
scharge
s under
Bodies
l
nd any
of or
act or
actor, its
was
sums
52.2
52.3
52.4
52.1
52.1
52.1
The
insu
certi
requ
The
Serv
hold
perfo
For
52.4
52.4
1.1 a
u
1.2 a
a
1.3 a
Contracto
rance polic
ified sched
uisite prem
Contracto
vices unde
ds adequat
ormance o
the purpos
4.1 “i
a
C
o
C
4.2 th
in
co
p
co
th
C
th
u
a
Class
ll liabilities
nder the C
ll public lia
rising unde
ll liabilities
or shall prov
cies obtain
dule of insu
miums have
or shall not
er the Cont
te insuranc
of such Ser
ses of Clau
nsurance”
rrangemen
Contractor;
rganisation
Clause; and
he Contrac
nsurance is
onnection
rovides un
ontract pro
he sum of n
Contractor a
he Contrac
nder Claus
dvice from
sification: O
arising fro
Contract;
abilities in r
er or in con
as an em
vide the C
ned pursua
urances tog
e been paid
sub-contra
tract unless
ce against
rvices.
uses 52.1 t
means a c
nt made fo
and includ
n establish
d
ctor shall b
s held by a
with clinica
nder the Co
ovided that
not less th
agrees tha
ctor’s obliga
se 52.1 an
m a speciali
Official
om neglige
relation to
nnection w
ployer in re
ommission
ant to Clau
gether with
d upon the
act its oblig
s it is satis
liability aris
to 52.3:
contract of
or the purpo
des membe
hed for the
e regarded
a person em
al services
ontract or,
t that insur
an that req
at this may
ations to in
d that the
ist insuranc
nt perform
liabilities to
with the Con
espect of a
ner with a c
se 52.1 an
h evidence
Commiss
gations to
fied that th
sing from n
f insurance
ose of inde
ership of a
purpose s
d as holdin
mployed o
s which tha
as the cas
ance is ad
quired by th
not be suf
nsure all of
Contractor
ce broker i
mance of Se
o third part
ntract; and
all staff.
copy of all
nd/or a bro
e that the
sioner’s req
provide the
he sub-con
negligent
e or other
emnifying t
a medical d
set out in th
ng insuranc
r engaged
at person
se may be,
dequate an
his Clause
fficient to m
f the risks
r must see
in this rega
117
ervices
ties
d
ker
quest.
e
ntractor
the
defence
his
ce if
by it in
sub-
d is in
e. The
meet
listed
ek
ard.
53
53.1
53.2
54
54.1
54.2
54.3
54.4
Co
The
appr
any
the C
The
relev
Proc
Su
The
of an
Serv
Com
its a
A co
othe
serv
Save
reco
Con
to su
If the
Patie
of its
Esse
54.4
omplain
Contracto
roved by th
matter rea
Contract.
Contracto
vant provis
cedure).
ub-contr
Contracto
ny of its rig
vices or an
mmissioner
absolute dis
ontract with
erwise in w
vices it has
e in respec
ognised ex
trol withou
uch conditi
e Contract
ents is hel
s rights or
ential Serv
4.1 o
o
C
Class
ts
or shall esta
he Commis
asonably co
or shall com
sions of wh
racting
or shall not
ghts or duti
ny part ther
r and subje
scretion m
h a sub-con
writing, proh
s agreed w
ct of a pub
change the
ut the prior
ions as the
tor has a lis
d in respec
duties und
vices to a c
wned who
r current e
Contractor;
sification: O
ablish and
ssioner to
onnected w
mply with th
hich are se
and Ch
sell, assig
ies under t
reof withou
ect to such
ay impose
ntractor m
hibit the su
with the Con
blic limited
e Contract
authorisat
e Commiss
st of Regis
ct of it, the
der the Con
company o
olly or partly
employee o
Official
operate a
deal with a
with the pr
he Compla
et out in Sc
hange of
gn, sub-con
the Contra
ut the prior
h conditions
e.
ust, unless
ub-contract
ntractor to
company l
tor shall no
tion of the
sioner may
stered Patie
Contracto
ntract in re
or firm:
y by the Co
or partner o
complaint
any compla
ovision of
aints Regul
chedule 5 (
f Contro
ntract or in
ct in relatio
written au
s as the Co
s the Comm
tor from su
provide.
isted on an
ot undergo
Commissio
y impose.
ents or a li
or shall not
lation to th
ontractor, o
or shareho
ts procedu
aints in rela
Services u
lations, the
(Complaint
ol
any way d
on to the
uthorisation
ommission
missioner a
ub-contract
n internatio
a Change
oner and s
ist of Regis
t sub-contr
he provisio
or by any f
older in, the
118
re as
ation to
under
e
ts
dispose
n of the
ner in
agrees
ting the
onally
of
subject
stered
ract any
n of
former
e
55
55.1
55.2
54.4
54.4
whe
pur
pra
mad
Co
The
55.1
55.1
55.1
In C
55.2
55.2
4.2 fo
d
4.3 fo
o
s
ere that co
rpose of av
ctice in se
de wholly o
o-operat
Contracto
1.1 a
re
th
C
1.2 a
a
C
1.3 a
C
Clause 55.1
2.1 “N
a
tr
C
C
2.2 “l
o
C
Class
ormed by o
erives or m
ormed by o
r partner o
uch a pers
ompany or
voiding the
ction 259 o
or partly un
tion wit
or shall co-o
ny investig
easonably
he Contrac
Commission
ny investig
uthority wh
Contractor;
ny further
Commission
1:
NHS body”
nd Wales a
rust, a Loca
Commission
Commission
ocal autho
f the Local
Council of t
sification: O
or on beha
may derive
or on beha
or sharehol
son derives
firm is or w
restriction
of the 2006
nder that s
th Inves
operate wi
gation of a
connected
ctor by the
ner;
gation of a
hich relates
and
or other in
ner in conn
” means th
and Scotla
al Health C
ner, a Hea
ner or a He
ority” mean
l Authority
he Isles of
Official
lf of the Co
e pecuniary
lf of a form
lder in, the
s or may d
was formed
ns on the s
6 Act or an
section.
stigation
ith:
complaint
d with the p
Commissi
complaint
s to a Patie
vestigation
nection wit
he Commis
and) an NH
Commissio
alth and So
ealth and S
ns any of th
Social Ser
f Scilly or a
ontractor, o
y benefit;
mer or curre
e Contracto
erive pecu
d wholly or
ale of good
ny relevant
ns
in relation
provision o
oner or the
by an NHS
ent or form
n initiated b
th the Serv
ssioner, a C
HS trust, an
oner, a Hea
ocial Servic
Social Serv
he bodies l
rvices Act
a council co
or from wh
ent employ
or, or from
uniary bene
r partly for
dwill of a m
t regulation
n to any ma
of the Serv
e Health S
S body or
mer Patient
by the
vices.
CCG, (in E
n NHS fou
alth
ces
vices Trust
isted in se
1970, the
onstituted
119
hich it
yee of,
which
efit,
the
medical
ns
atter
ices by
ervice
local
t of the
England
ndation
t;
ection 1
under
55.3
56
56.1
56.2
56.3
56.4
55.2
In co
exam
55.3
55.3
55.3
Wa
Eac
and
The
out i
Eac
repr
out o
The
ensu
56.4
se
o
2.3 “H
H
w
C
o-operating
mple:
3.1 a
C
3.2 p
re
3.3 a
re
d
th
arrantie
h of the Pa
has obtain
Contracto
in direction
h Party wa
resentation
or referred
Contracto
ure:
4.1 a
se
g
Class
ection 2 of
r the counc
Health Ser
Health Serv
with section
Commission
g with any
nswer que
Commission
rovide any
easonably
ttend any m
easonably
ue notice h
he meeting
es
arties warra
ned any ne
or warrants
n 4 of the A
arrants to th
n or agreem
to in the C
or warrants
ll informati
eeking to b
iven, true a
sification: O
f the Local
cil of a cou
rvice Comm
vice Comm
n 1 of, and
ners Act 19
investigati
estions rea
ner;
y informatio
required b
meeting to
accessible
has been g
g is reason
ants that it
ecessary a
s that the C
APMS Dire
he other th
ment wheth
Contract.
s that it has
ion in writin
become a
and accura
Official
Governme
unty or cou
missioner”
missioner fo
Schedule
993
ion, the Co
sonably pu
on relating
by the Com
o consider t
e place and
given) if the
ably requir
t has powe
pprovals to
Contractor s
ections.
hat it has n
her written
s used all r
ng provide
Party to th
ate in all m
ent etc. (Sc
unty boroug
means a p
or England
1 to the He
ontractor sh
ut to the Co
to the com
mmissioner
the compla
d at a reas
e Contract
red by the
er to enter i
o do so.
satisfies th
not relied o
or oral not
reasonable
d to the Co
e Contract
material res
cotland) A
gh in Wale
person app
d in accord
ealth Serv
hall, by wa
ontractor b
mplaint
r; and
aint (if held
sonable ho
tor’s prese
Commissi
into this Co
he conditio
on any
ot expressly
e endeavou
ommission
t was, whe
spects, and
120
ct 1994
es; and
pointed
ance
vice
ay of
by the
d at a
our, and
nce at
oner.
ontract
ns set
y set
urs to
ner in
en
d in
56.5
56.6
56.4
56.4
56.4
To t
Com
reas
56.5
56.5
56.5
The
all c
any
third
Com
unde
prov
p
o
4.2 n
in
m
4.3 n
tr
4.4 it
w
a
C
he best of
mmissioner
sonable en
5.1 a
s
th
m
5.2 n
in
m
5.3 n
tr
Commissi
claims, proc
other liabi
d party rela
mmenceme
er which th
vided, exce
Class
articular, th
ut in direct
o informat
nformation
materially m
o circumst
ruth and ac
is not awa
within its rea
dversely a
Contract.
the Comm
r, the Com
ndeavours
ll informati
pecifically
he Contrac
material res
o informat
nformation
misleading
o circumst
ruth and ac
ioner shall
ceedings, a
lities in res
ating to ma
ent Date an
he Services
ept where s
sification: O
hat the Co
tion 4 of th
ion has be
that was p
misleading
tances hav
ccuracy of
are as at th
asonable c
affect its ab
missioner’s
missioner
to ensure:
ion in writin
to assist th
ct was, whe
spects;
ion has be
that was p
or inaccura
tances hav
ccuracy of
indemnify
actions, da
spect of an
atters which
nd which re
s or substa
such claim
Official
ontractor sa
e APMS D
een omitted
provided to
or inaccur
ve arisen w
such infor
he date of t
control whi
bility to fulfi
knowledg
warrants t
ng which it
he Contrac
en given, t
een omitted
provided to
ate; and
ve arisen w
such infor
y the Contr
amages, le
ny claim ag
h occurred
elate to an
antially sim
ms, proceed
atisfied the
Directions;
d which wo
o the Comm
ate;
which mate
mation; an
the Contra
ich may or
l its obliga
e after due
hat it has u
t provided t
ctor to beco
rue and ac
d which wo
o the Contr
which mate
mation.
actor fully
egal costs,
gainst the C
prior to th
ny predece
milar servic
dings, actio
e conditions
ould make
missioner
erially affec
nd
act of anyth
r will mater
ations unde
e enquiry b
used all
to the Con
ome a Par
ccurate in a
ould make
ractor mate
erially affec
against
expenses
Contractor
he
ssor contra
ces were
ons, dama
121
s set
the
ct the
hing
rially
er this
by the
ntractor
rty to
all
the
erially
ct the
and
by any
act
ges,
57
57.1
57.2
57.3
57.4
57.5
lega
cont
Va
Subj
or va
sign
The
cons
may
give
avoi
whe
57.2
57.2
Whe
varia
fourt
57.2
Subj
57.2
varia
Con
the D
Whe
for t
al costs, ex
tributed to
ariation
ject to the
ariation to
ed by or o
Commissi
sent so as
y be), any r
en by the S
dance of d
ere it:
2.1 is
C
2.2 n
p
is
ere it is rea
ation unde
teen (14) d
2.2 is serve
ject to clau
2, the Cont
ation to the
tract, and
Dispute Re
ere any var
his clause
Class
xpenses an
by the Con
of the C
Commissi
the Contra
n behalf of
ioner may
to comply
regulations
Secretary o
doubt, inclu
s reasonab
Contract in
otifies the
roposed va
s to take ef
asonably p
r Clause 5
days after t
ed on the C
use 57.5, w
tractor and
e Contract
in default o
esolution P
riation is im
57.5) give
sification: O
nd any othe
ntractor an
Contrac
ioner’s righ
act shall ha
f the Comm
vary the C
y with the 2
s made pur
of State pur
udes any a
bly satisfied
order so to
Contracto
ariation an
ffect.
racticable
57.2.2 is to
the date on
Contractor.
where any
the Comm
Price cons
of agreeme
Procedure
mposed un
e rise to an
Official
er liabilities
nd/or any e
ct
hts under C
ave effect u
missioner a
Contract wi
2006 Act an
rsuant to th
rsuant to th
amendmen
d that it is n
o comply; a
r in writing
nd the date
to do so, t
take effec
n which the
.
variation is
missioner s
sequent up
ent the Dis
under Clau
nder clause
increase i
s were cau
employee o
Clause 57.2
unless it is
and the Co
thout the C
nd 2012 Ac
hose Acts,
hose Acts
nts to the A
necessary
and
of the wor
e upon whic
he date tha
ct shall be n
e notice un
s imposed
shall agree
pon the var
spute may
use 66 and
e 57.2 whic
n the Cont
used by or
of the Cont
2, no ame
s in writing
ontractor.
Contractor’
ct (as the c
, any direct
(which, for
APMS Dire
to vary the
rding of the
ch that var
at the prop
not less th
nder Claus
under Cla
e if possible
riation to th
be referre
d Schedule
ch would (s
tract Price
122
tractor.
ndment
and
’s
case
tion
r the
ctions)
e
e
riation
posed
an
se
ause
e any
he
d to
e 12.
save
equal
57.6
58
58.1
59
59.1
59.2
23
to or
varia
Whe
resu
prov
the C
Com
its e
the s
the p
Te
The
term
date
upon
Te
The
writi
paym
of th
the p
with
The
a lat
if the
the C
serv
For local det
r less than
ation to the
ere the Con
ult of the va
vided to the
Contractor
mmissioner
effect and in
services in
provision o
rminati
Commissi
minate the C
e upon whi
n which the
rminati
Contracto
ng to the C
ments prop
he Contrac
payments
Clause 49
Contracto
te paymen
e Commiss
Contractor
ved on the
termination
Class
3%23 in ag
e Contract
ntract is va
ariation the
e Contracto
r’s List of P
r shall notif
nform them
n question
of Essentia
on by A
ioner and t
Contract, a
ch that term
e Contract
on by th
or may give
Commissio
perly due t
ct. The Con
that the Co
9 of the Co
or may, at l
t notice, te
sioner has
r, and that
Commissi
sification: O
ggregate o
Price.
aried in acc
ere is to be
or’s Regist
Patients are
fy those Pa
m of the ste
or, as the
al Services
Agreeme
the Contra
and if the P
mination w
t should be
he Cont
e notice (“la
oner if the C
to the Cont
ntractor sha
ommission
ontract.
east twent
erminate th
still failed
were spec
oner pursu
Official
of the Cont
cordance w
e a change
tered Patie
e to be rem
atients in w
eps they ca
case may
(or their e
ent
actor may m
Parties so a
will take eff
e terminate
tractor
ate payme
Commissio
tractor in a
all specify
ner has fail
ty eight (28
he Contrac
to make p
cified in the
uant to Cla
tract Price,
with its term
in the ran
ents or Pat
moved from
writing of th
an take to
be, registe
equivalent)
mutually ag
agree, they
ect and an
ed.
nt notice”)
oner has fa
accordance
in the late
ed to make
8) days afte
t by a furth
payments p
e late paym
ause 59.1.
, there sha
ms and, as
ge of serv
tients who
m that list, t
he variation
obtain else
er elsewhe
.
gree in writ
y shall agr
ny further te
which sha
ailed to ma
e with Clau
payment n
e in accord
er having s
her written
properly du
ment notice
123
all be no
s a
ices
are on
the
n and
ewhere
re for
ting to
ee the
erms
all be in
ake any
use 48
notice
dance
served
notice
ue to
e
59.3
60
60.1
61
61.1
If, fo
the m
with
late
done
Con
59.3
59.3
whic
any
Te
Un
The
term
spec
com
prov
was
APM
give
Ot
Co
The
term
spec
61.1
ollowing rec
matter to th
in twenty e
payment n
e so within
tract pursu
3.1 th
th
3.2 th
P
chever is th
other right
rminati
ntrue Et
Commissi
minating the
cified in the
me to the at
vided to the
entered in
MS Directio
en, untrue o
her Gro
ommiss
Commissi
minating the
cified in the
1.1 w
Class
ceipt of a l
he Dispute
eight (28) d
notice, and
n that perio
uant to Cla
here has be
he Dispute
he Commis
Procedure,
he sooner.
ts to termin
on by th
c Inform
ioner may
e Contract
e notice if,
ttention of
e Commiss
nto in relati
ons (and co
or inaccura
ounds fo
ioner
ioner may
e Contract
e notice if:
where this C
sification: O
ate payme
e Resolutio
days of the
d it notifies
od of time,
ause 59.2 u
een a dete
Resolutio
ssioner cea
. Clauses 5
nate the Co
he Com
mation
serve noti
forthwith,
after the C
the Comm
sioner by t
ion to the c
ompliance
ate in a ma
or Term
serve noti
forthwith,
Contract is
Official
ent notice,
on Procedu
e date upon
the Contra
the Contra
until:
ermination
n Procedu
ases to pu
59.1 to 59.
ontract tha
mmissio
ce in writin
or from su
Contract w
missioner th
he Contrac
conditions
with those
aterial resp
mination
ce in writin
or from su
s with an in
the Comm
ure detailed
n which it i
actor in wri
actor may n
of the Disp
re; or
rsue the D
3 are witho
at the Cont
ner for
ng on the C
ch date as
as entered
hat written
ctor before
set out in d
e condition
pect.
n by the
ng on the C
ch date as
ndividual, th
missioner re
d in Clause
is served w
iting that it
not termina
pute pursu
Dispute Res
out prejudi
tractor may
Provisi
Contractor
s may be
d into, it ha
informatio
e the Contr
direction 4
ns) was, wh
Contractor
s may be
he individu
124
efers
e 66
with the
t has
ate the
uant to
solution
ce to
y have.
ion of
as
n
ract
4 of the
hen
ual;
61.2
61.1
61.1
61.1
falls
A pe
Con
Con
61.2
61.2
61.2
61.2
1.2 w
d
1.3 w
m
1.4 w
S
a
a
m
within Cla
erson falls
tract or at
tract:
2.1 h
2.2 s
(o
p
ill
in
2.3 s
th
H
se
C
th
th
e
s
p
2.4 h
P
Class
where this C
irector or c
where this C
member of
where this C
Society, a F
ny other bo
n officer tr
manageme
ause 61.2 d
within this
any time w
e or it is th
ubject to C
other than
ending an
l-health) fro
n the world
ubject to C
han by reas
Health Serv
erved a no
Clause 61.2
hat dismiss
he purpose
mployed a
ubsequent
rofession;
e or it is re
Primary Ca
sification: O
Contract is
company s
Contract is
the partne
Contract is
Friendly So
ody, the S
rustee or a
nt of the S
during the
Clause 61
within five (
he subject o
Clause 61.5
by an inte
investigat
om practis
d;
Clause 61.6
son of red
vice Body u
otice termin
2 he is emp
sed him or
es of this C
as a memb
t employm
emoved fro
re List by r
Official
s with a com
secretary o
s with a par
ership, or th
s with an In
ociety or a
ociety orga
ny other pe
Society orga
existence
1.2 if during
(5) years p
of a Nation
5, he or it i
rim suspen
ion or a su
sing by any
6, he has b
undancy) f
unless befo
nating the
ployed by t
by anothe
Clause, whe
ber of a hea
ent must a
om, or refu
reason of i
mpany, the
of the comp
rtnership, a
he partners
ndustrial &
voluntary o
anisation o
erson conc
anisation o
of the Con
g the exist
prior to sign
nal Disqua
s disqualif
nsion orde
uspension o
y Licensing
been dismi
from any e
ore the Co
Contract p
the Health
er Health S
ere a perso
alth care p
also be as a
sed admis
nefficiency
e company
pany;
any individ
ship; or
Provident
organisatio
or other bo
cerned with
or body
ntract.
tence of th
ning this
lification;
fied or susp
r or directi
on the gro
g Body any
issed (othe
employmen
ommissione
pursuant to
Service B
Service Bod
on has bee
rofession,
a member
ssion to, a
y, fraud or
125
y or any
dual
on or
dy or
h the
is
pended
on
unds of
ywhere
erwise
nt by a
er has
o this
Body
dy. For
en
any
r of that
Classification: Official
126
unsuitability (within the meaning of section 151(2), (3) and
(4) of the 2006 Act respectively) unless his or its name has
subsequently been included in such a list;
61.2.5 he has been convicted in the United Kingdom of murder or
an offence referred to in Schedule 1 to the Children and
Young Persons Act 1933 or Schedule 1 to the Criminal
Procedure (Scotland) Act 1995;
61.2.6 he has been convicted in the United Kingdom of a criminal
offence other than murder, and has been sentenced to a
term of imprisonment of over six (6) months;
61.2.7 subject to Clause 61.7, he has been convicted elsewhere
of an offence which would, if committed in England and
Wales:
61.2.7.1 constitute murder; or
61.2.7.2 constitute a criminal offence other than
murder, and been sentenced to a term of
imprisonment of over six (6) months;
61.2.8 he or it has:
61.2.8.1 been adjudged bankrupt or had sequestration
of his estate awarded or is a person in relation
to whom a moratorium period under a debt
relief order (under Part VIIA of the Insolvency
Act 1986) applies unless he has been
discharged from that bankruptcy or
sequestration or the bankruptcy order has
been annulled;
61.2.8.2 been made the subject of a bankruptcy
restrictions order or an interim bankruptcy
restrictions order under Schedule 4A to the
Insolvency Act 1986 or Schedule 2A to the
Insolvency (Northern Ireland) Order 1989 or
Classification: Official
127
sections 56A to 56K of the Bankruptcy
(Scotland) Act 1985, unless that order has
ceased to have effect or has been annulled;
61.2.8.3 been made the subject of a debt relief
restrictions order or interim debt relief
restrictions order under Schedule 4ZB to the
Insolvency Act 1986 unless that order has
ceased to have effect or has been annulled;
61.2.8.4 made a composition or arrangement with, or
granted a trust deed for, his or its creditors
unless he or it has been discharged in respect
of it;
61.2.8.5 been wound up under Part IV of the
Insolvency Act 1986;
61.2.8.6 had an administrator, administrative receiver
or receiver appointed in respect of it; or
61.2.8.7 had an administration order made in respect
of it under Schedule B1 to the Insolvency Act
1986;
61.2.9 he has been:
61.2.9.1 removed from the office of Charity Trustee or
trustee for a charity by an order made by the
Charity Commissioners, the Charity
Commission for Northern Ireland or the High
Court on the grounds of any misconduct or
mismanagement in the administration of the
charity for which he was responsible or to
which he was privy, or which he by his
conduct contributed to or facilitated;
61.2.9.2 removed under section 34 of the Charities and
Trustee Investment (Scotland) Act 2005
61.3
61.2
61.2
61.2
61.2
Whe
the C
after
Com
repr
6
2.10 h
C
g
a
2.11 th
ta
2.12 he
o
20
(N
2.13 W
o
tr
u
fo
p
ere the Con
Contract s
r the date o
mmissioner
resentative
Class
1.2.9.3
e has refus
Commission
rounds tha
dequately
he Commis
aking adeq
e has been
f section 2
006 or Arti
Northern Ire
Where the C
f the partn
ribunal or a
nlawful for
or member
artnership
ntract is wi
hall termin
of his deat
r has agree
es that the
sification: O
(powers
concerne
any body
he is sub
the Com
1986, the
Disqualif
or to an o
the Insolv
sed to com
ner for him
at it is conc
providing
ssioner is n
quate steps
n included
2 of the Saf
cle 6 of the
eland) Ord
Contract is
ership is o
arbitrator, o
r the busine
rs of the pa
.
ith a single
nate at the
th unless, b
ed in writin
Contract s
Official
of Court of
ed in the m
y;
bject to a d
pany Direc
e Compani
fication (No
order made
vency Act
mply with a
m to be med
cerned that
services u
not satisfie
s to deal w
in any bar
feguarding
e Safeguar
der 2007.
s with a pa
ordered by
or an even
ess of the
artnership t
e individua
end of the
before the
ng with the
should cont
f Session),
managemen
isqualificat
ctors Disqu
ies Directo
orthern Irel
e under se
1986; or
request b
dically exa
t he is inca
nder the C
ed that the
with the mat
rred list wit
g Vulnerabl
rding Vulne
rtnership a
any compe
t happens
partnershi
to carry on
l and that i
period of
end of tha
Contracto
tinue for a
, from bein
nt or contro
tion order
ualification
ors
land) Orde
ection 429(
by the
amined on
apable of
Contract; an
Contracto
tter.
thin the me
le Group A
erable Gro
and a disso
etent court
that make
p to contin
n in the
individual d
seven (7)
at period th
or’s person
further pe
128
ng
ol of
under
Act
er 2002
(2)(b) of
the
nd
r is
eaning
Act
oups
olution
t,
es it
nue, or
dies,
days
he
al
riod,
61.4
61.5
61.6
61.7
62
62.1
not e
seve
Clau
whic
The
61.2
susp
does
whe
shar
be.
The
61.2
date
time
tribu
tribu
the C
at th
The
61.2
mak
Con
direc
Te
Br
The
term
be s
exceeding
en (7) days
use 61 doe
ch the Com
Commissi
2.2 where t
pension im
s not make
ere the Con
reholder, o
Commissi
2.3 until a p
e of the dis
e, the perso
unal or cou
unal or cou
Contract in
he end of th
Commissi
2.7 where t
ke the pers
tractor is a
ctor or sec
rminati
each
Commissi
minating the
specified in
Class
twenty eig
s.
es not affec
mmissioner
ioner shall
the Commi
mposed by
e the perso
ntractor is a
or a directo
ioner shall
period of a
missal of t
on concern
rt in respe
rt are conc
n the latter
hose proce
ioner shall
the Commi
son unsuita
a company
cretary of th
on by th
ioner may
e Contract
n the notice
sification: O
ght (28) da
ct any othe
r may have
not termin
issioner is
a Licensin
on unsuitab
a company
or or secret
not termin
t least thre
the person
ned brings
ect of his di
cluded. Th
situation if
eedings.
not termin
issioner is
able to be a
y, both a le
he compan
he Com
serve noti
forthwith o
e if:
Official
ays after th
er rights to
e under thi
nate the Co
satisfied t
g Body ou
ble to be a
y, both a le
tary of the
nate the Co
ee (3) mon
concerned
proceedin
ismissal, u
e Commis
f there is n
nate the Co
satisfied t
a Contract
gal and be
ny, as the c
mmissio
ce in writin
or with effe
e end of th
terminate
s Contract
ontract pur
hat the dis
tside the U
Contracto
egal and be
company,
ontract pur
ths has ela
d; or if, dur
ngs in any c
ntil procee
sioner may
no finding o
ontract pur
hat the con
or or in the
eneficial sh
case may b
ner for
ng on the C
ect from su
he period o
the Contra
t.
rsuant to C
squalificatio
United King
or, or in the
eneficial
as the cas
rsuant to C
apsed sinc
ring that pe
competent
edings befo
y only term
of unfair dis
rsuant to C
nviction do
e case whe
hareholder
be.
a Serio
Contractor
uch date as
129
of
act
Clause
on or
gdom
e case
se may
Clause
ce the
eriod of
t
ore that
minate
smissal
Clause
oes not
ere the
a
ous
s may
62.2
63
63.1
63.2
62.1
62.1
62.1
If the
54.3
has
Con
62.2
62.2
Te
No
Whe
in C
the C
to ta
requ
A re
63.2
1.1 th
C
sa
te
1.2 th
C
m
1.3 th
C
e Contract
3 and it com
done so, t
tractor:
2.1 te
d
2.2 in
th
w
in
fo
rminati
otices a
ere the Con
lauses 60
Commissio
ake by virtu
uiring it to r
emedial not
2.1 d
Class
he Contrac
Commission
afety of Pa
erminated;
he Contrac
Commission
material fina
he Contrac
Commission
tor breache
mes to the
the Commi
erminating
iscretion
nstructing i
hat give ris
with the inst
n writing on
orthwith.
on by th
nd Brea
ntractor ha
to 62.2 an
oner shall,
ue of the C
remedy the
tice shall s
etails of th
sification: O
ctor has bre
ner consid
atients is a
ctor’s finan
ner consid
ancial loss
ctor underg
ner, acting
es the cond
Commissi
issioner sh
the Contra
t to termin
se to the br
truction, th
n the Contr
he Com
ach Not
as breache
nd the brea
before tak
Contract, se
e breach (“
specify:
he breach;
Official
eached the
ers that as
t serious ri
cial situatio
ers that th
s; or
goes a Cha
g reasonab
ditions spe
ioner’s atte
hall serve n
act forthwit
ate the sub
reach forth
he Commis
ractor term
mmissio
tices
ed the Con
ach is capa
king any ac
erve a notic
“remedial n
e Contract
s a result o
isk if the C
on is such
e Commis
ange of Co
ly, does no
ecified in C
ention that
notice in wr
th; or, at th
b-contracti
with, and i
ssioner sha
minating the
ner: Re
tract other
able of rem
ction it is ot
ce on the C
notice”).
and the
of that brea
Contract is
that the
ssioner is a
ontrol of wh
ot approve
Clauses 54
the Contra
riting on th
heir absolu
ing arrange
if it fails to
all serve a
e Contract
emedial
r than as sp
medy,
otherwise e
Contractor
130
ach, the
not
at risk of
hich the
e.
.1 and
actor
he
te
ements
comply
notice
pecified
entitled
r
63.3
63.4
63.5
63.6
63.7
63.2
63.2
The
shor
Patie
twen
Whe
the r
the C
date
Con
Whe
spec
reme
requ
If, fo
63.6
63.6
the C
Con
If the
notic
the C
wou
oblig
2.2 th
C
2.3 th
“n
notice per
rter period
ents or pro
nty eight (2
ere the Com
required st
Commissio
e as the Co
tractor.
ere the Con
cified in Cl
edy, the C
uiring it not
ollowing a b
6.1 re
n
6.2 o
re
Commissio
ntract with e
e Contract
ce or a rem
Contractor
ld otherwis
gation whic
Class
he steps th
Commission
he period d
notice perio
riod shall, u
is necessa
otect itself f
28) days fro
mmissione
teps to rem
oner may t
ommission
ntractor ha
auses 60 t
ommission
t to repeat
breach not
epeats the
otice or the
therwise b
emedial no
oner may s
effect from
tor has faile
medial notic
r, the Comm
se be paya
ch is the su
sification: O
he Contrac
ner in orde
during whic
od”).
unless the
ary to prote
from mate
om the dat
er is satisfie
medy the b
terminate t
er may spe
as breache
to 62.2 and
ner may se
the breach
tice or a re
breach tha
e remedial
breaches th
otice or a fu
serve notic
m such date
ed to perfo
ce in respe
missioner
able under
ubject of th
Official
tor must ta
er to remed
ch the step
Commiss
ect the saf
rial financi
te that noti
ed that the
reach by t
the Contrac
ecify in a f
ed the Con
d the breac
erve notice
h (“breach
emedial not
at was the
l notice; or
he Contrac
urther brea
ce on the C
e as may b
orm any ob
ect of that
may withh
the Contra
he default.
ake to the s
dy the brea
ps must be
ioner is sat
fety of the C
al loss, be
ice is given
e Contracto
he end of t
ct with effe
urther notic
tract other
ch is not ca
e on the Co
notice”).
tice, the Co
subject of
ct resulting
ach notice,
Contractor
be specified
bligation an
default has
old or ded
act in resp
satisfaction
ach; and
e taken (the
tisfied that
Contractor
e no less th
n.
or has not
the notice
ect from su
ce to the
r than as
apable of
ontractor
ontractor:
f the breac
in either a
terminatin
d in that no
nd a breac
s been giv
uct monies
pect of that
131
n of the
e
t a
r’s
han
taken
period,
uch
ch
a
g the
otice.
h
en to
s which
64
64.1
64.2
64.3
64.4
64.5
Te
Pro
Whe
Con
63.1
purs
term
whic
unle
This
less
safe
loss
In a
does
Proc
64.1
Con
shal
The
whe
dete
the C
whic
If the
Con
to pr
mate
Com
on th
rminati
ocedure
ere the Com
tractor term
, the Com
suant to tho
minates tha
ch the Com
ess Clause
s Clause 64
than twen
ety of the C
.
case fallin
s not apply
cedure bef
, and it no
tract shall
l only term
Contract s
en there ha
ermination
Contractor
chever is th
e Commiss
tract befor
rotect the s
erial financ
mmissioner
he Contrac
Class
on and
e
mmissione
minating th
missioner
ose Clause
at is not les
mmissioner
64.4 appli
4.2 applies
nty eight (2
Contractor’s
ng within C
y, where th
fore the en
otifies the C
not termin
minate in th
shall only t
as been a d
permits th
r ceases to
he sooner.
sioner is sa
re the Disp
safety of th
cial loss, C
r shall be e
ctor, that th
sification: O
the Dis
er is entitle
he Contrac
shall, in th
es, specify
ss than twe
r has serve
ies.
s if the Com
28) days is
s Patients
Clause 64.1
he Contrac
nd of the pe
Commissio
nate at the
he circumst
terminate p
determinat
e Commis
o pursue th
atisfied tha
pute Resolu
he Contrac
Clauses 64
entitled to c
he Contrac
Official
spute Re
d to serve
ct pursuant
he notice se
y a date on
enty eight (
ed that not
mmissione
necessary
or protect
1 where the
ctor invokes
eriod of no
oner in writ
end of the
tances spe
pursuant to
ion of the D
sioner to te
he Dispute
at it is nece
ution Proce
ctor’s Patie
.3 and 64.4
confirm by
ct will neve
esolutio
written no
t to Clause
erved on th
which the
(28) days a
ice on the
r is satisfie
y in order to
itself from
e exception
s the Dispu
tice referre
ing that it h
notice per
ecified in C
o this Claus
Dispute an
erminate th
Resolution
essary to te
edure is co
ents or prot
4 shall not
written no
ertheless te
on
otice on the
es 60.1, 61
he Contrac
e Contract
after the da
Contracto
ed that a p
o protect t
material fi
n in Clause
ute Resolu
ed to in Cla
has done s
riod but ins
Clause 64.4
se 64 if an
nd that
he Contrac
n Procedu
erminate th
oncluded in
tect itself fr
apply and
otice to be s
erminate at
132
e
.1, 62,
ctor
ate on
r
eriod
he
inancial
e 64.2
ution
ause
so, the
stead
4.
nd
ct or
re,
he
n order
rom
d the
served
t the
65
65.1
65.2
65.3
65.4
65.5
end
62, 6
Co
The
preju
On t
65.2
65.2
65.2
Subj
paym
on th
On t
the C
reco
Con
unde
writt
and
term
If the
Con
of the peri
63.1.
onseque
terminatio
udice to th
the termina
2.1 s
p
th
2.2 co
o
co
2.3 d
th
co
m
p
ject to Cla
ments to th
he date of
termination
Contract fo
onciliation o
tractor and
er the Con
ten details
in any eve
mination of
e Contract
tractor ma
Class
iod of the n
ences o
on of the C
e accrued
ation of the
ubject to th
erforming
he Contrac
o-operate
utstanding
oncluded i
eliver up to
he Commis
omputer ha
medical equ
ossession
uses 65.4
he Contrac
terminatio
n of the Co
or any reas
of the paym
d the value
ntract. The
of the reco
ent no later
the Contra
tor disputes
ay refer the
sification: O
notice it se
of Termi
ontract, fo
rights of e
e Contract
he requirem
any work o
ct;
with the C
g matters u
n a satisfa
o the Com
ssioner inc
ardware a
uipment wh
or control
to 65.6, th
ctor in acco
on of the Co
ontract or te
son, the Co
ments mad
e of the wo
Commissi
onciliation
r than twen
act.
s the accu
e Dispute to
Official
erved pursu
ination
r whatever
either Party
for any rea
ments of th
or carrying
ommission
under the C
actory man
missioner
cluding all d
nd softwar
hich may b
.
he Commis
ordance wi
ontract.
ermination
ommission
de by the C
ork underta
oner shall
as soon as
nty eight (2
racy of the
o the Dispu
uant to Cla
r reason, is
y under the
ason, the C
his Clause
out any o
ner to enab
Contract to
ner; and
all propert
documents
re, drugs, A
be in the C
ssioner’s ob
th the Con
of any ob
ner shall pe
Commissio
aken by the
serve the
s reasonab
28) days af
e reconcilia
ute Resolu
auses 60.1
s without
e Contract.
Contractor
65.2, ceas
bligations
ble any
be dealt w
ty belongin
s, forms,
Appliances
Contractor’s
bligation to
ntract shall
ligations u
erform a
oner to the
e Contracto
Contracto
bly practica
fter the
ation, the
ution Proce
133
,61.1
.
shall:
se
under
with or
ng to
s or
s
o make
cease
nder
or
r with
able,
edure in
65.6
65.7
acco
begi
Con
boun
Eac
of th
writt
Res
Sho
65.7
65.7
65.7
65.7
then
Com
repla
on s
Con
enga
expe
cost
unex
ordance wi
inning on t
tractor with
nd by the d
h Party sh
he date on
ten details
olution Pro
ould the Co
7.1 b
w
p
7.2 is
C
th
7.3 is
C
C
p
7.4 o
S
w
n, without p
mmissioner
acement c
such terms
ntractor sha
aging the r
enditure in
ts incurred
xpired port
Class
ith the term
the date on
h written d
determinat
all pay the
which the
of the reco
ocedure, a
ontractor:
reach the
written notic
ursuant to
ssue the Co
Clause 60.1
he Services
ssue the Co
Clause 60.1
Commission
eriod until
therwise c
Services wi
with Clause
prejudice to
r, the Com
contractor(s
and cond
all immedia
replaceme
curred by
by the Co
tion of the
sification: O
ms of the C
n which the
etails of th
tion of the
e other any
Commissi
onciliation,
s the case
:
Contract e
ce on the C
Clauses 6
ommission
1 but cease
s before th
ommission
1 but fail to
ner’s reaso
the due te
cease to pr
thout notic
e 60.1,
o all other
missioner
s) for the p
itions as th
ately pay th
nt contract
the Comm
ommissione
due notice
Official
Contract wi
e Commiss
he reconcil
Dispute.
y monies du
ioner serve
or the con
e may be.
entitling the
Contractor
61, 62 or 6
ner with no
e to perfor
he expiry o
ner with no
o perform t
onable sat
ermination
rovide all o
ce to the C
remedies
shall be en
provision of
he Commis
he Commis
tor(s) toge
missioner (i
er) through
e period in
thin twenty
sioner serv
iation. The
ue within th
ed the Con
nclusion of
e Commiss
terminatin
3;
otice of term
m all or a m
f the notice
otice of term
he Service
isfaction d
date; or
r a materia
ommission
available to
ntitled to e
f all or part
ssioner see
ssioner the
ther with a
ncluding a
hout the re
the case o
y eight (28
ved the
e Parties sh
hree (3) m
ntractor wit
f the Dispu
sioner to se
ng the Cont
mination un
material pa
e period;
mination un
es to the
uring the n
al part of th
ner in acco
to the
engage
t of the Se
es fit and t
e cost of
all additiona
all managem
mainder of
of Clauses
134
) days
hall be
onths
th
ute
erve
tract
nder
art of
nder
notice
he
ordance
rvices
the
al
ment
f the
65.7.2
65.8
66
66.1
66.2
67
67.1
68
68.1
68.2
and
notic
Con
char
and
abso
cont
The
appl
Dis
The
Clau
Tu
On t
prov
Gif
The
the p
relat
serv
Con
£100
The
68.2
68.2
65.7.3, or
ce period.
ntractor will
rge for suc
upon such
olute discre
tractor’s re
obligation
ly notwiths
spute R
provisions
use 66 sha
upe, Re-
termination
visions of S
fts
Contracto
persons sp
tive of a Pa
vices to the
tract; and
0.00.
persons re
2.1 a
th
2.2 a
C
Class
in the cas
Further, up
l grant a lic
ch period a
h further te
etion deter
equest to a
s containe
standing th
Resoluti
s of Sched
all survive t
-tenderi
n or expiry
Schedule 9
or shall kee
pecified in
atient or an
e Contracto
have, in its
eferred to
ny person
he Contrac
ny Genera
Contractor f
sification: O
se of Claus
pon reques
cence to th
as the repla
erms at the
rmine from
ccess and
ed in Claus
e terminat
on
ule 10 sha
the expiry
ng and
, in whole
9 will apply
ep a registe
Clause 68
ny person
or or its Pa
s reasonab
in Clause
employed
ct;
al Medical
for the pur
Official
ses 65.7.1
st of the C
he replacem
acement co
e replacem
m the date o
use the P
ses 65.1 to
ion of the C
all apply.
or termina
Handov
or in part,
y.
er of gifts w
8.2 by, or o
who provid
atients in co
ble opinion
68.1 are:
by the Co
Practitione
rposes of th
and 65.7.4
ommission
ment contr
ontractor(s
ent contrac
of the repla
ractice Pre
65.7 shall
Contract.
tion of the
ver
of this Con
which: are
n behalf of
des or wish
onnection w
, a value o
ontractor fo
er engaged
he Contrac
4 for the fu
ner, the
ractor(s) fre
s) may requ
ctor(s) ma
acement
emises.
l continue t
Contract.
ntract, the
given to a
f, a Patien
hes to prov
with the
of more tha
or the purp
d by the
ct;
135
ll
ee of
uire
y at its
to
ny of
t, a
vide
an
oses of
68.3
68.4
68.5
68.2
68.2
68.2
68.2
68.2
68.2
Clau
68.3
68.3
68.3
The
of gi
spec
The
infor
68.5
2.3 if
se
2.4 if
p
2.5 if
F
2
p
2.6 th
2.7 a
6
2.8 a
re
6
h
use 68.1 do
3.1 th
u
th
3.2 th
3.3 th
p
Contracto
ifts which f
cified in Cl
register re
rmation:
5.1 th
Class
the Contra
ecretary of
the Contra
artnership
the Contra
riendly So
006 Act or
erson conc
he Contrac
ny spouse
8.2.1 to 68
ny person
elationship
8.2.2 has t
usband an
oes not ap
here are re
nconnecte
he Contrac
he Contrac
he Contrac
rovide serv
or shall take
fall within C
auses 68.2
eferred to i
he name of
sification: O
actor is a c
f the comp
actor is a p
;
actor is an
ciety, Volu
r other bod
cerned wit
ctor;
e or civil pa
8.2.2; or
(whether o
p with a per
the charac
nd wife.
pply where
easonable
ed with serv
ctor;
ctor is not a
ctor is not a
vices to the
e reasonab
Clause 68.
2.
n Clause 6
f the dono
Official
company, a
pany;
partnership
Industrial
untary Orga
dy any offic
h the man
artner of a p
or not of th
rson specif
cteristics of
:
grounds fo
vices prov
aware of th
aware that
e Contract
ble steps to
1 and whic
68.1 shall i
r;
any directo
p, any mem
and Provid
anisation a
cer, trustee
agement o
person spe
he opposite
fied in Clau
f the relatio
or believing
ided or to b
he gift; or
the donor
tor or its Pa
o ensure th
ch are give
nclude the
ors or com
mber of the
dent Socie
as defined
e or any oth
of the Cont
ecified in C
e sex) who
uses 68.2.
onship betw
g that the g
be provide
r wishes to
atients.
hat it is info
en to the pe
e following
136
pany
e
ety,
in the
her
tractor;
Clauses
ose
1 to
ween
gift is
ed by
ormed
ersons
68.6
69
69.1
OTHER
70
70.1
68.5
68.5
68.5
68.5
68.5
The
on re
Co
The
to al
Stat
limit
resp
R PROVIS
No
Unle
or te
else
70.1
70.1
70.1
70.1
70.1
70.1
5.2 in
N
k
5.3 in
5.4 th
5.5 th
5.6 th
Contracto
equest.
omplian
Contracto
ll relevant
te, local au
tation, to re
pect of the
SIONS
on-survi
ess expres
ermination
ewhere) ma
1.1 C
1.2 C
1.3 C
1.4 C
1.5 C
1.6 C
Class
n a case w
National He
nown, his a
n any other
he nature o
he estimate
he name of
or shall mak
ce with
or shall com
guidance i
thority, an
equirement
exercise o
ival of T
ssly provide
of the Con
ade in relat
Clause 1.1
Clause 46 (
Clause 49 (
Clause 51 (
Clause 52 (
Clause 53 a
sification: O
here the d
ealth Servic
address;
r case, the
of the gift;
ed value o
f the perso
ke the regi
h Legisla
mply with a
issued by t
d the Depa
ts specified
of their func
Terms
ed, no term
ntract. Exp
tion to:
(Status of
(Counter F
(Fees and
(Indemnity
(Insurance
and Sched
Official
onor is a P
ce number
e address o
f the gift; a
on or perso
ister availa
ation an
all relevant
the Comm
artment of
d in the Se
ctions unde
m of the Co
ress provis
Contract);
Fraud and S
Charges);
);
);
ule 5 (Com
Patient, the
r or, if the n
of the dono
and
ons who re
able to the
nd Guid
legislation
issioner, th
Health inc
ervice Spec
er the 2006
ontract sha
sion is (her
Security M
mplaints);
e Patient’s
number is
or;
eceived the
Commissi
dance
n and have
he Secreta
cluding, wit
cification in
6 Act.
all survive e
reby or
anagemen
137
not
e gift.
oner
e regard
ary of
thout
n
expiry
nt);
71
72
72.1
72.2
72.3
73
73.1
70.1
70.1
70.1
70.1
70.1
En
The
resp
nego
oral,
the b
the C
liabi
Go
The
Eng
With
Con
Con
non-
excl
Clau
term
Wa
The
term
1.7 C
1.8 C
1.9 C
1.10 C
1.11 C
ntire Co
Contract c
pect to its s
otiations, p
, and the P
basis of an
Contract. H
lity on the
overning
Contract s
lish law.
hout prejud
tract, in re
tract or ari
-contractua
usive juris
uses 72.1 a
mination of
aiver, D
failure or d
ms or condi
Class
Clauses 65
Clause 66 (
Clause 72 (
Clause 81 (
Clause 82 (
ntract
constitutes
subject ma
promises, c
Parties con
ny represen
However, n
part of eith
g Law a
shall be go
dice to the
lation to an
ising out of
al disputes
diction of t
and 72.2 s
the Contra
elay or
delay by e
tions of the
sification: O
.1 to 65.6
(Dispute R
(Governing
(Confidenti
(Bribery Ac
s the entire
atter and su
conditions
nfirm that th
ntations th
nothing in t
her Party fo
and Juri
overned by
Dispute R
ny legal ac
f or in conn
s or claims
the courts
shall contin
act.
Failure
ither Party
e Contract
Official
(Conseque
esolution P
g Law and
iality);
ct 2010).
e Contract
upersedes
or represe
hey did not
hat are not
the Contra
or fraudule
isdictio
y and const
esolution P
ction or pro
nection wit
), each Pa
of England
nue to appl
e to Exe
y to enforce
t shall not o
ences of Te
Procedures
Jurisdictio
between th
any prior C
entations, w
t enter into
expressly
act purports
ent misrepr
n
trued in ac
Procedure
oceedings t
th this Con
rty agrees
d and Wale
y notwithst
rcise R
e any one o
operate as
ermination
s);
on); and
he Parties
Contracts,
whether wr
o the Contr
incorporat
s to exclud
resentation
ccordance
contained
to enforce
ntract (inclu
s to submit
es.
tanding the
Rights
or more of
s a waiver o
138
n);
with
ritten or
ract on
ted into
de
n.
with
in the
the
uding
to the
e
f the
of
74
74.1
74.2
74.3
74.4
74.5
74.6
74.7
them
cond
Re
The
is an
or ag
cond
part
Whe
of P
mem
Whe
acco
indiv
beha
belo
The
as a
perfo
pers
The
party
The
assi
Con
acco
The
bene
direc
m, or of the
ditions of th
elations
Contract i
n independ
gent of the
duct its act
ner or age
ere the Con
atients, the
mber of a C
ere the Con
ordance wi
vidual, who
alf in the d
ongs.
Commissi
a result of a
ormance o
son.
Contract d
y to it unde
Contracto
gn or othe
tract witho
ordance wi
Commissi
efit of its ri
cted by the
Class
e right at an
he Contrac
hip betw
s a contrac
dent provid
e Commiss
tivities so a
nt of the C
ntractor pr
e Commiss
CCG.
ntractor is
ith Clause
o is a Healt
ealings be
ioner does
anything do
of the Cont
does not cr
er the Cont
or shall not
rwise disp
out the prio
ith Clause
ioner may
ghts under
e Secretary
sification: O
ny time su
ct.
ween th
ct for the p
der of servi
sioner. The
as to give t
Commission
rovides Ess
sioner sha
required to
74.2, the C
th Care Pr
etween the
s not by en
one by the
tract, incur
reate any r
tracts (Rig
delegate i
ose of the
or written a
54.
give, sell,
r the Contr
y of State.
Official
bsequently
he Parti
provision of
ices and is
e Contracto
the impres
ner.
sential Ser
ll require t
o be a mem
Contractor
rofessional
Contracto
tering into
e Contracto
any contra
right enforc
ghts of Thir
its obligatio
benefit of
uthorisatio
assign, or
ract to a su
y to enforc
es
f services.
s not an em
or must not
sion that it
rvices to Pa
he Contrac
mber of a C
r shall appo
, to act on
or and the C
the Contra
or in conne
actual liabi
ceable by
rd Parties)
ons or othe
any of its r
on of the C
otherwise
uccessor b
ce all terms
The Cont
mployee, pa
ot represen
t is the em
atients on
ctor to be a
CCG in
oint one
the Contra
CCG to wh
act, and sh
ection with
ility to any
any perso
Act 1999.
erwise give
rights, und
Commission
dispose o
body as ma
139
s and
ractor
artner
t or
ployee,
its List
a
actor’s
hich is
hall not
the
other
n not a
e, sell,
der the
ner in
of the
ay be
75
75.1
75.2
75.3
75.4
75.5
75.6
Fo
Neit
unde
incu
by th
the A
Forc
On t
notif
inclu
effec
mitig
As s
cons
to ag
Eve
Unle
the e
avoi
or a
equi
the r
Clau
If the
oblig
three
in w
(whi
The
affec
orce Maj
ther Party s
er the Con
r any liabil
he other P
Affected P
ce Majeure
the occurre
fy the othe
ude details
ct on its ob
gate its effe
soon as pra
sult with ea
gree appro
nt and faci
ess the Aff
effect of ab
dance of d
ny failures
ipment sha
reasonable
use 75.4 un
e Affected
gations and
e (3) mont
writing withi
ch shall be
terminatio
cted Party
Class
jeure
shall be en
ntract by th
ity to the o
arty to the
arty is prev
e Event.
ence of a F
r Party as
s of the For
bligations o
ect.
acticable, f
ach other i
opriate step
ilitate the c
ected Part
bsolving it
doubt, any
of either P
all not be d
e control of
nless the c
Party is de
d duties un
ths, then ei
n such per
e no shorte
on shall not
is able to
sification: O
ntitled to br
e Affected
other Party
extent tha
vented from
Force Maje
soon as p
rce Majeur
of the Affec
following s
n good fait
ps to mitig
continued p
ty takes su
from its ob
actions or
Party’s sys
deemed to
f the releva
cause of fa
elayed or p
nder the C
ither Party
riod as is r
er than twe
t take effec
resume pe
Official
ring a claim
Party nor
y for any lo
at a Force M
m carrying
eure Event
racticable.
re Event, in
cted Party
such notific
th and use
ate the effe
performanc
uch steps, C
bligations u
r omissions
stems, proc
be circum
ant Party f
ailure was b
prevented
ontract for
y may term
easonable
enty eight (
ct at the en
erformance
m for a brea
shall the A
sses or da
Majeure Ev
out obliga
t, the Affec
The notific
ncluding ev
and any a
cation, the
e all reason
ects of the
ce of the C
Clause 75.
under this C
s of either
cedures, pr
stances or
or the purp
beyond rea
from perfo
a continuo
inate the C
e in the circ
(28) days).
nd of the n
e of its obli
ach of obli
Affected Pa
amages inc
vent occur
ations by th
cted Party s
cation sha
vidence of
ction propo
Parties sh
nable ende
e Force Ma
Contract.
.1 shall no
Contract. F
Party’s pe
remises or
r events be
poses of th
asonable c
orming its
ous period
Contract by
cumstance
.
otice perio
gations an
140
gations
arty
curred
rs and
hat
shall
ll
its
osed to
all
eavours
ajeure
t have
For the
rsonnel
r
eyond
his
control.
of
y notice
es
od if the
nd
76
76.1
76.2
76.3
77
77.1
dutie
acco
Se
Subj
be in
com
to be
lawf
If, in
is to
posi
to ag
suita
If the
alter
com
Disp
Proc
Se
Save
othe
auth
mus
77.1
77.1
77.1
es under th
ordance wi
everance
ject to Cla
nvalid, illeg
mpetent aut
e deleted f
fulness or e
n the reaso
o undermin
tion of eith
gree a suit
able amen
e Parties a
rnative term
mmenceme
pute for det
cedure set
ervice of
e as otherw
erwise requ
horised by
st be in writ
1.1 p
1.2 b
C
re
1.3 b
te
Class
he Contrac
ith Clause
e
uses 76.2
gal or unen
thority, suc
from the C
enforceabi
onable opin
e the purp
her Party, t
table altern
dment to t
are unable
m or amen
nt of the n
termination
out in Cla
f Notice
wise speci
uires, any n
the Contra
ting and m
ersonally;
y post, or i
Clause 57 (
egistered o
y telex, or
elex or pos
sification: O
ct within th
75.2 or if t
and 76.3,
nforceable
ch term sha
ontract an
ility of any
nion of eith
pose of the
the Parties
native term
he Contrac
to reach a
ndment with
egotiations
n in accord
use 66.
e
ified in the
notice or o
act to be gi
may be serv
in the case
(Variation)
or recorded
facsimile t
st);
Official
e period of
the other P
if any term
by any co
all, to the e
d shall not
other term
her Party, t
Contract o
s shall nego
m to replace
ct.
agreement
hin a reaso
s, then the
dance with
Contract o
other inform
iven by eith
ved:
e of any no
and Claus
d delivery p
transmissio
f notice sp
Party otherw
m of the Co
urt, tribuna
extent requ
t affect the
ms of the Co
he effect o
or material
otiate in go
e the delet
as to the s
onable per
Parties m
the Dispu
or where th
mation requ
her Party t
otice served
ses 58 to 6
post;
on (the latt
pecified in
rwise conse
ontract is h
al or other
uired, be de
validity,
ontract.
of such a d
lly prejudic
ood faith in
ted term or
suitable
riod of
may refer th
ute Resolut
he context
uired or
to the othe
d pursuant
63 (Termina
ter confirm
141
ents.
eld to
eemed
eletion
ce the
n order
r a
he
tion
r Party
t to
ation),
ed by
77.2
77.3
77.4
78
78.1
77.1
77.1
Any
the C
Con
Any
give
77.3
77.3
77.3
Whe
with
unle
Dis
The
78.1
1.4 u
5
1.5 b
n
notice or o
Contract o
tractor has
notice or o
en:
3.1 if
3.2 if
p
3.3 if
tr
tr
fo
ere notice o
Clauses 7
ess the per
scrimin
Contracto
1.1 e
le
d
(P
2
F
A
d
Class
nless the c
7.1 electro
y any othe
otice to the
other inform
r such othe
s notified to
other inform
it was serv
it was serv
osted; and
it was serv
ransmissio
ransmissio
ollowing W
or other inf
77.1 to 77.3
rson receiv
ation
or shall:
nsure that
egislation a
iscriminate
Prevention
000, the F
avourable
Act 2010 or
iscriminatio
sification: O
context oth
onic mail; o
er means w
e Contract
mation sha
er address
o the other
mation sha
rved person
rved by pos
d
rved by tele
on, if sent d
on and if se
Working Day
formation i
3, such no
ving it elect
it complie
and in part
e within the
n of Less F
ixed Term
Treatmen
r any other
on in the e
Official
herwise req
or
which the C
or.
all be sent
s as the Co
r.
all be deem
nally, at th
st, two (2)
ex, electron
during Core
ent outside
y.
is not give
otice or oth
ts, in writin
s with all c
icular, doe
e meaning
avourable
Employee
t) Regulati
r relevant le
employmen
quires and
Commissio
to the add
ommission
med to hav
e time of s
Working D
nic mail or
e Hours the
Core Hou
n or sent in
er informat
g, to treat
current emp
s not unlaw
of the Par
Treatment
es (Preven
ions 2002
egislation r
nt of emplo
except in
oner specifi
dress speci
er or the
ve been se
service;
Days after i
r facsimile
en at the ti
urs then on
n accordan
tion is inva
it as valid.
ployment
wfully
rt Time Wo
t) Regulati
tion of Les
and the Eq
relating to
oyees for th
142
Clause
ies by
ified in
rved or
t was
ime of
n the
nce
alid
.
orkers
ons
ss
quality
he
78.2
78.3
79
79.1
78.1
The
inde
dam
Com
cond
in C
the C
The
subs
78.
Da
The
“199
part
p
ta
th
S
o
1.2 in
e
o
C
e
C
a
o
e
a
m
S
Contracto
emnified on
mages, loss
mmissioner
ducted or a
lause 78.1
Contractor
Contracto
stantially s
ata Prote
Contracto
98 Act”) an
icular the C
Class
urpose of
ake all reas
hat any em
Services do
f this Claus
n the mana
quality and
perate with
Commission
quality dut
Commission
nd diversit
pportunity
quality rela
ge, marria
maternity, a
Services.
or shall fully
n demand a
ses and ex
r arising ou
any procee
above du
r, its agents
or shall imp
imilar to th
ection
or shall com
nd any othe
Contractor
sification: O
providing t
sonable ste
mployees e
o not unlaw
se 78; and
agement of
d diversity
h the Com
ner’s oblig
ties. The C
ner consid
ty, includin
for disable
ating to rel
age and civ
and gender
y indemnify
against all
xpenses inc
ut of or in c
edings brou
ue directly o
s, employe
pose on an
hose impos
mply with th
er applicab
r agrees to
Official
the Service
eps (at its
mployed in
wfully discr
d
f its affairs
policies, th
missioner
ations to c
Contractor s
ers approp
g race equ
ed people,
igion and b
vil partners
r assignme
y and keep
claims, ch
curred or s
connection
ught under
or indirectl
ees or sub-
ny sub-cont
sed on the
he Data Pr
ble data pro
comply w
es. The Co
own expen
n the provis
iminate wit
and the de
he Contrac
in light of t
comply with
shall take s
priate to pr
uality, equa
gender eq
belief, sexu
hip, pregna
ent in the p
p the Comm
harges, dem
suffered by
with any i
r the legisla
y to any ac
-contractor
tractor obli
Contracto
rotection A
otection leg
ith the obli
ontractor sh
nse) to ens
sion of the
thin the me
evelopmen
ctor shall c
the
h statutory
such steps
romote equ
ality of
quality, and
ual orienta
ancy and
provision o
missioner
mands, lia
y the
nvestigatio
ation refer
ct or omiss
rs.
igations
or by this C
Act 1998 (th
gislation. I
gations pla
143
hall
sure
e
eaning
nt of its
co-
s as the
uality
d
ation,
f the
fully
bilities,
on
rred to
sion by
Clause
he
n
aced on
79.2
80
80.1
the C
Prin
79.1
79.1
79.1
Both
com
Con
com
unde
Com
Data
Fre
The
Com
Com
and
the C
requ
Com
infor
Commissio
ciple”) set
1.1 to
s
th
1.2 o
C
C
S
co
1.3 to
co
re
e
th
h Parties a
mply with th
tractor pro
mplying with
er Section
mmissioner
a in relation
eedom
Contracto
mmissioner
mmissioner
the Code
Commissio
uest for info
mmissioner
rmation pro
Class
oner by the
out in the
o maintain
ufficient to
he Commis
nly to proc
Commission
Commission
Services in
ompliance
o allow the
ompliance
easonable
vidence of
his Clause
gree to us
he 1998 Ac
oviding the
h subject a
7 of the 19
r prior to th
n to such r
of Infor
or shall use
r to comply
r by the Fre
of Openne
oner with r
ormation in
r under the
ovided by t
sification: O
e seventh d
1998 Act,
technical a
o comply at
ssioner by
cess Perso
ner, in acc
ner and fo
accordanc
with the 1
Commiss
with the re
notice and
f its compli
79.1. and
e all reaso
ct. For the a
Commissi
access requ
998 Act an
he disclosu
requests.
rmation
e all reason
y with such
eedom of I
ess in the N
reasonable
n connectio
e 2000 Act
the Comm
Official
data protec
namely:
and organi
t least with
the Seven
onal Data fo
cordance w
r the purpo
ce with the
998 Act;
ioner to au
equiremen
d/or to prov
ance with
onable effo
avoidance
ioner with
uests serv
nd the Con
ure by the C
nable effor
h obligation
Information
NHS (the “
e assistanc
on with the
or the Cod
missioner in
ction princ
isational se
the obliga
nth Principl
or and on b
with the inst
ose of perfo
Contract a
udit the Co
nts of this C
vide the Co
the obligat
rts to assis
of doubt, t
reasonable
ed on the C
tractor con
Contractor
ts to assist
ns as are im
n Act 2000
Code”) inc
ce in compl
e Services
de and pro
accordan
ciple (the “S
ecurity me
ations impo
le;
behalf of th
tructions o
forming the
and to ens
ontractor’s
Clause 79.
ommission
tions set o
st each oth
this include
e assistanc
Commissio
nsulting wit
r of any Pe
t the
mposed on
0 (the “2000
cluding pro
lying with a
served on
ocessing
ce with a r
144
Seventh
asures
osed on
he
of the
e
sure
1 on
ner with
ut in
her to
es the
ce in
oner
th the
rsonal
n the
0 Act”)
oviding
any
the
record
81
81.1
81.2
81.3
man
man
of th
Co
Subj
com
from
unde
any
Disc
prev
were
The
Infor
81.2
81.2
81.2
81.2
Noth
Con
adm
any
whe
ultim
such
nagement s
nagement r
hat Act.
onfident
ject always
mmon law, i
m the other
ertakes to
such Conf
closer’s pri
vented from
e in its pos
provisions
rmation wh
2.1 is
th
2.2 is
d
2.3 is
D
2.4 is
co
o
hing in Cla
fidential In
ministrative
action, sui
ere the Con
mate holdin
h holding c
Class
system wh
recommen
tiality
s to the ob
in respect
Party (the
keep secre
fidential Inf
or written c
m using an
ssession pr
s of Clause
hich:
s in or ente
he Contrac
s obtained
isclose suc
s authorise
Discloser; o
s identified
onfidential
ut in Sched
use 81.1 s
nformation
, governme
it, proceed
ntractor is t
ng compan
company c
sification: O
hich compli
ndations an
bligations o
of such Co
e “Disclose
et and stric
formation t
consent pr
ny general
rior to the c
e 81.1 shal
ers the pub
ct or other a
by a third
ch informa
ed for relea
or
as no long
in accorda
dule 7 rela
shall preve
where it is
ental or reg
dings or cla
the Recipie
ny provided
complies w
Official
ies with the
nd code of
of the Partie
onfidential
r”), each P
ctly confide
to any third
rovided tha
knowledge
commence
ll not apply
blic domain
act or omis
party who
ation;
ase by the
ger needin
ance with a
ating to tha
nt the Rec
s required t
gulatory pr
aim or othe
ent, to the
d that the C
ith this Cla
e Lord Cha
conduct u
es under s
Informatio
Party (the “
ential and s
d party, wit
at the Recip
e, experien
ement of th
y to any Co
n other than
ssions of th
is lawfully
prior writte
g to be reg
any releva
at class of i
cipient from
to do so by
rocess in c
erwise by a
Contractor
Contractor
ause 81 as
ancellor’s r
nder sectio
statute or
on it may re
Recipient”
shall not d
thout the
pient shall
nce or skills
he Contrac
onfidential
n by breac
he Recipie
authorised
en consent
garded as
ant timesca
information
m disclosing
y judicial,
connection
applicable
r’s immedi
procures t
if any refe
145
records
on 46
eceive
)
isclose
not be
s which
ct.
ch of
ent;
d to
of the
ale set
n
g
with
law or,
ate or
that
erence
81.4
81.5
82
82.1
to th
com
The
Con
Con
exte
infor
supp
com
all re
Con
Con
is m
the l
The
follo
with
Br
The
82.1
82.1
82.1
he Contrac
mpany.
Contracto
fidential In
tractor in w
ent only as
rmation so
plied in acc
mmonly refe
easonable
fidential In
fidential In
made. The C
lowest pric
provisions
owing termi
out limit in
ibery A
Contracto
1.1 co
sa
in
R
1.2 n
co
A
ca
1.3 co
b
ti
Class
ctor in Clau
or authorise
nformation
writing by t
is necessa
as to asce
cordance w
erred to as
endeavou
nformation
nformation
Commissio
ce available
s of Clause
ination of t
time.
ct 2010
or shall:
omply with
anctions re
ncluding bu
Requiremen
ot engage
onstitute a
Act 2010 if s
arried out
omply with
e provided
me to time
sification: O
use 81.1 we
es the Com
to such pe
the Commi
ary for the
ertain a rea
with the Co
s “benchma
urs to ensu
confidentia
except for
oner shall n
e in the ma
es 81.1 and
the Contra
h all applica
elating to a
ut not limite
nts”);
in any act
an offence
such activ
in the UK;
h the Comm
d from the
e (“Relevan
Official
ere a refer
mmissioner
erson(s) as
issioner fro
purposes
alistic mark
ontract, suc
arking”. Th
ure that suc
al and doe
r the purpo
not without
arket is the
d 81.4 sha
ct for any r
able laws,
anti-bribery
ed to the B
tivity, pract
under sect
ity, practic
missioner’s
Commissio
nt Policy”).
rence to su
r to disclos
s may be n
om time to
of auditing
ket price fo
ch exercise
e Commis
ch person(
es not make
se for whic
t good reas
e realistic m
all continue
reason wh
regulation
y and anti-c
Bribery Act
tice or cond
tions 1, 2 o
e or condu
s Anti-Bribe
oner to the
uch holding
se the
notified to t
time to the
g and colla
or the Serv
e being
ssioner sha
(s) keeps th
e use of th
ch the disc
son claim
market pric
e in force ~
atsoever a
s, codes a
corruption
2010 (“Re
duct which
or 6 of the
uct had bee
ery Policy
e Contracto
146
g
he
e
ting
vices
all use
he
he
closure
that
ce.
~
and
and
elevant
h would
Bribery
en
as may
or from
82.2
82.3
82.1
82.1
82.1
82.1
The
Con
does
secu
Con
be re
the R
any
For
and
dete
any
of th
1.4 h
th
n
2
R
a
1.5 in
a
p
in
1.6 e
g
a
a
1.7 p
d
k
p
Contracto
tractor wh
s so only o
ures from s
tractor in t
esponsible
Relevant T
breach by
the purpos
whether a
ermined in
guidance
hat Act and
Class
ave and sh
he Contrac
ot limited t
010, to ens
Requiremen
nd will enfo
n addition t
nd acquire
roviding an
n connectio
nsure that
ratuity or h
nd, where
nd sponso
romptly re
emand for
ind receive
erformanc
or shall ens
o is perform
on the basi
such perso
this Clause
e for the ob
Terms, and
y such pers
se of this C
a person is
accordanc
issued und
d section 8
sification: O
hall mainta
ct its own p
to adequat
sure comp
nts, the Re
force them
to its obliga
e authority
ny form of
on with the
any offer o
hospitality c
relevant, t
orship polic
port to the
r any undue
ed by the C
ce of the Co
sure that an
ming servi
is of a writt
on on term
e 82.2 (“Re
bservance
d shall be d
sons of any
Clause 82,
associate
ce with sec
der section
of that Ac
Official
ain in place
policies and
te procedu
pliance with
elevant Pol
where app
ations und
from the C
gift, gratui
e Contract;
or provisio
complies w
the Comm
cy or policie
Commiss
e financial
Contractor
ontract.
ny person
ces in con
ten Contra
s equivale
elevant Ter
and perfor
directly liab
y of the Re
the meani
d with ano
ction 7(2) o
n 9 of that A
ct respectiv
e througho
d procedur
res under
h the Relev
licy and th
propriate;
er this Cla
Commissio
ty or hospi
on of any fo
with the Re
issioner’s h
es;
ioner any r
or other a
in connect
associated
nection wit
ct which im
nt to those
rms”). The
rmance by
ble to the C
elevant Ter
ng of adeq
ther perso
of the Bribe
Act), sectio
vely. For th
ut the per
res, includi
the Bribery
vant
his Clause
use 82, re
oner before
itality to an
orm of gift,
elevant Pol
hospitality,
request or
advantage
tion with th
d with the
th the Con
mposes on
e imposed
e Contracto
y such pers
Commissio
rms.
quate proc
on shall be
ery Act 201
ons 6(5) an
he purpose
147
riod of
ing but
y Act
82,
port to
e
ny party
licy
, gifts
of any
he
ntract
n and
on the
or shall
sons of
oner for
edures
10 (and
nd 6(6)
es of
82.4
82.5
this
not l
The
dem
cost
awa
Clau
this
Add
82.5
82.5
Clause 82
limited to a
Contracto
mand the C
ts including
arded again
use 82 by t
Clause 82
itional aud
5.1 th
b
C
a
C
ta
R
e
C
a
ve
th
5.2 th
p
b
re
a
in
o
a
C
w
s
Class
2 a person
any subcon
or shall fully
ommission
g but not lim
nst, the Co
the Contra
2 in any sub
it and reco
he Contrac
usiness or
Commission
nd books o
Contractor i
aken by the
Requiremen
ach case d
Contractor s
ccounts ar
erify the C
his Clause
he Contrac
arty repres
usiness ho
easonably
nd take co
nformation
ther premi
ccordance
Contractor’s
with its oblig
hall contin
sification: O
associated
ntractor of
y indemnify
ner agains
mited to le
ommissione
actor or any
bcontract b
ord keeping
ctor shall ke
r such othe
ner) detaile
of account
in connect
e Contract
nts, the Re
during the
shall ensu
re sufficien
Contractor’s
82;
ctor shall p
sentatives,
ours, but w
suspected
opies of the
held at the
ses as are
e with claus
s personne
gations un
ue for thre
Official
d with the C
the Contra
y and keep
t any losse
gal fees an
er as a res
y breach o
by any sub
g:
eep (either
er location
ed, accura
showing a
ion with th
or to comp
elevant Pol
previous tw
re that suc
nt to enable
s complian
ermit the C
, on reason
without noti
d breach of
e Contracto
e Contract
e notified to
se 82.5.2)a
el to audit t
der this Cl
ee years aft
Contractor
actor.
p fully inde
es, liabilitie
nd expens
sult of any b
f provision
bcontractor
r at its norm
as is notifi
te and up
all paymen
e Contract
ply with the
licies and C
welve year
ch records
e the Comm
ce with its
Commissio
nable notic
ce in case
f this Claus
or’s record
or’s Premis
o the Comm
and to mee
the Contra
ause 82. S
ter termina
r includes b
emnified an
es, damage
es incurred
breach of t
ns equivale
r.
mal place
ed to the
to date rec
nts made b
t and the s
e Relevant
Clause 82
rs. The
and books
missioner
obligation
oner and its
ce during n
e of any
se 82 to ac
ds and any
ses (or suc
missioner
et with the
actor’s com
Such audit
ation of the
148
but is
nd
es,
d by, or
this
ent to
of
cords
y the
steps
in
s of
to
s under
s third
normal
ccess
other
ch
in
mpliance
t rights
e
82.6
82.7
82.5
The
82.6
The
durin
C
a
o
te
5.3 A
C
a
C
o
m
Contracto
6.1 n
o
8
8
8
Contracto
ng the term
Class
Contract. T
ssistance t
f the Contr
ermination
Audit acces
Commission
greeing co
Clause 81
btained, al
may be disc
or warrants
either the
ther perso
2.6.1.1
2.6.1.2
2.6.1.3
or shall pro
m of the Co
sification: O
The Contra
to the cond
ract and fo
of the Con
ss by any t
ner shall b
onfidentialit
(Confident
lways prov
closed to th
s and repre
Contractor
ons associa
has been
bribery o
having m
is aware,
investiga
proceedi
administr
any offen
Relevant
has been
agency a
proposed
otherwise
participat
programm
mptly notif
ontract, its
Official
actor shall g
duct of suc
or a period
ntract.
hird party r
be subject t
ty obligatio
tiality) in re
vided that a
he Commis
esents that
r nor any o
ated with it
n convicted
or corruptio
made reaso
, has been
ation, inquir
ngs by any
rative or re
nce or alleg
t Requirem
n or is liste
as being de
d for suspe
e ineligible
tion in gov
mes or oth
fy the Com
circumsta
give all nec
ch audits d
of seven y
representa
to such rep
ons equiva
espect of th
all informat
ssioner.
:
of its officer
:
d of any off
n, fraud or
onable enq
or is the s
ry or enforc
y governm
egulatory b
ged offenc
ments; or
d by any g
ebarred, su
ension or d
e or potenti
ernment p
her governm
mmissioner
nces, know
cessary
during the t
years after
ative of the
presentativ
alent to tho
he informa
tion obtain
rs, employ
fence invo
r dishonest
quiries, so f
subject of a
rcement
mental,
body regard
ce under th
governmen
uspended,
debarment
ially ineligi
procuremen
ment Cont
if, at any t
wledge or
149
terms
e
ve
se in
ation
ed
ees or
lving
ty;
far as it
any
ding
he
nt
, or
ble for
nt
tracts;
time
82.8
82.9
82.10
82.11
83
83.1
84
84.1
awa
warr
Brea
Clau
If the
82, t
furth
addi
Reg
shal
reas
Req
This
NH
The
desi
NHS
bran
with
with
Guid
Sp
The
spon
anyt
the C
with
areness cha
ranties set
ach of this
use 62 (Te
e Commiss
the Contra
her remune
itional third
ardless of
l not be ob
sonable op
uirements
s clause 82
HS Bran
Contracto
gnated an
S services
nding in res
Patients p
the NHS b
delines cur
ponsors
Contracto
nsorship by
thing conn
Commissio
hold.
Class
anges suc
out in Cla
Clause 82
rmination f
sioner term
actor shall n
eration, reg
d parties en
any other
bliged to do
pinion, put
.
2 shall surv
nding
or shall ens
d branded
are to be p
spect of th
provided th
branding a
rrently in fo
ship
or shall not
y any pers
ected to th
oner, which
sification: O
ch that it wo
use 82.6 a
2 shall be d
for a seriou
minates the
not be enti
gardless of
ntered into
provision
o, or omit t
it in breach
vive the ex
sure that th
d to Patient
provided. T
e Practice
hat such br
and complie
orce.
enter into
son of the P
his Contrac
h the latter
Official
ould not be
at the relev
deemed a
us Breach
e Contract
itled to clai
f any activ
o before ter
in the Con
to do, any
h of any of
xpiry or term
he Practice
ts and visit
The Contra
Premises
randing do
es with the
any arrang
Practice Pr
ct without t
r, in its abs
e able to re
vant time.
material br
).
for breach
m compen
ities or Con
rmination.
tract, the C
act which w
the Relev
mination of
e Premises
tors as faci
actor may u
and in com
es not dom
e relevant N
gements fo
remises, th
he prior wr
solute discr
epeat the
reach unde
h of this Cla
nsation or a
ntracts wit
Commissio
would, in it
vant
f the Contr
s are clearl
ilities at wh
use its own
mmunicatio
minate or c
NHS Ident
or the
he Service
ritten cons
retion, may
150
er
ause
any
h
oner
ts
ract.
y
hich
n
ons
conflict
ity
s or
sent of
y
Classification: Official
151
85 Administration
The provisions of Schedule 7 shall have effect for the purposes of
identifying the Parties’ Representatives.
86 Intellectual Property
The Contractor agrees that any intellectual property developed in
connection with or related to this Contract shall belong to the
Commissioner.
87 Counterparts
The Contract may be executed in one or more counterparts. Any single
counterpart or a set of counterparts executed, in either case, by all the
parties, shall constitute a full original of this Contract for all purposes
Classification: Official
152
IN WITNESS WHEREOF, the Parties have executed this Contract in duplicate the
day and year first written above:
For: The Commissioner
By:……………………………………………. (Full Name)
Title:…………………………………………..
Date of Signature……………………………
For: The Contractor
By: …………………………………………….. (Full Name)
Title………………………………………….….
Organisation:………………………………….
Date of Signature……………………………
Classification: Official
153
Schedule 1
Definitions and Interpretation
1.1 In this Contract unless the context otherwise requires:
1.1.1 words denoting any gender include all genders and words denoting
the singular include the plural and vice versa;
1.1.2 reference to any person may include a reference to any firm, company
or corporation;
1.1.3 reference to “day”, “week”, “month” or “year” means a calendar day,
week, month or year, as appropriate, and reference to a working day
means any day except Saturday, Sunday, Good Friday, Christmas
Day and any Bank Holiday;
1.1.4 the headings in the Contract are inserted for convenience only and do
not affect the construction or interpretation of the Contract;
1.1.5 the schedules to the Contract are and shall be construed as being part
of the Contract. In the event of conflict between the terms of any
schedule and the main body of the Contract, the provisions of the
main body of the Contract shall prevail save in the case of an
inconsistency with Schedule 2, Service Specification, in which event
the terms of Schedule 2 shall prevail (other than where the relevant
provisions of Schedule 2 are not compliant with any relevant law,
rules, guidance or Good Practice);
1.1.6 reference to any statute or statutory provision or direction includes a
reference to that statute or statutory provision as from time to time
amended, extended, re-enacted or consolidated (whether before or
after the date of the Contract), and all statutory instruments or orders
made pursuant to it;
1.1.7 any obligation relating to the completion and submission of any form
that the Contractor is required to complete and submit to the
Classification: Official
154
Commissioner includes the obligation to complete and submit the form
in such a format or formats (electronic, paper or otherwise) as the
Commissioner may specify;
1.1.8 any obligation on the Contractor to have systems, procedures or
controls includes the obligation effectively to operate them;
1.1.9 where the Contract imposes an obligation on a Party, that Party must
comply with it and must take all reasonable steps to ensure that its
personnel and Contractors (except the other Party) comply with it; and
1.1.10 the Parties shall, so far as is possible, interpret the provisions of the
Contract consistently with the European Convention on Human
Rights, EU law, the APMS Directions, and any other relevant
regulations, orders or directions made under the 1977, 2006 and 2012
Acts.
1.1.11 the clause numbers and cross-reference are inserted for convenience
only and do not affect the construction and interpretation of the
Contract. For the avoidance of doubt, in the event of any apparent
inconsistency in, without limitation, any clause numbers, defined terms
and/or cross-references the relevant provisions of the APMS
Directions and PMS Agreements Regulations, shall take precedence.
1.2 The following terms and phrases shall have the following meanings for the
purposes of the Contract:
2006 Act the National Health Service Act 2006, as
amended by the Health and Social Care
Act 2012;
2012 Act the Health and Social Care Act 2012;
Accountable GP A general medical practitioner assigned to
a Registered Patient in accordance with
Clause 31.121 or 31.133;
Classification: Official
155
Additional Services has the meaning given in the GMS
Contracts Regulations;
Advanced Electronic
Signature
an electronic signature which is:
(a) uniquely linked to the signatory;
(b) capable of identifying the signatory;
(c) created using means that the
signatory can maintain under their
sole control; and
(d) linked to the data to which it relates
in such a manner that any
subsequent change of data is
detectable;
Affected Party in the context of Clause 75, the Party
whose performance of obligations under
the Contract has been affected by the
Force Majeure Event;
Alert Letter a letter from a recognised issuing body in
accordance with Department of Health
guidance alerting the National Health
Service or any of its bodies of a doctor or
other registered Health Care Professional
whose performance or conduct could place
staff or Patients at risk;
Annual Report the annual report referred to in clauses
10.7 – 10.9;
APMS Directions the Alternative Provider Medical Services
Directions of 2016 (as amended by the
Classification: Official
156
Alternative Provider Medical Services
(Amendment) Directions 2017);
Appliance an appliance which is included in a list for
the time being approved by the Secretary
of State for the purposes of section 126 of
the 2006 Act;
Approved Medical Practice shall be construed in accordance with
section 10A of the Medical Act 1983 as
amended or replaced from time to time;
Armed Forces of the Crown means the forces that are "regular forces"
or "reserve forces" within the meaning
given in section 374 of the Armed Forces
Act 2006 (definitions applying for the
purposes of the whole Act)
Assessment Panel the panel appointed by the Commissioner
under Clause 31.108 of this Contract;
Bank Holiday any day that is specified or proclaimed as a
bank holiday in England pursuant to
section 1 (bank holidays) of the Banking
and Financial Dealings Act 1971;
Batch Issue has the meaning given in the NHS (PMS
Agreements) Regulations 2004 (SI:
2004/627);
BBV Guidelines all and any circulars, instructions,
directions, guidance, regulations, codes
and/or requirements of the NHS from time
to time in respect of Blood Borne Viruses
and Exposure Prone Procedures (including
without limitation the Hepatitis Codes);
Classification: Official
157
Blood Borne Viruses hepatitis B, hepatitis C and Human
Immunodeficiency Virus (HIV) and any
other conditions or diseases which are
recognised within NHS requirements to
represent a material risk of being
communicated between a member of
Contractor Staff and a Patient during an
Exposure Prone Procedure;
CCG a Clinical Commissioning Group;
CEDR the Centre for Effective Dispute Resolution;
CCT Certificate of Completion of Training
awarded under section 34L(1) of the
Medical Act 1983;
Change of Control a change in the Controlling Interest of the
Contractor or its Holding Company;
Charity Trustee one of the persons having the general
control and management of the
administration of a charity;
Chemist means:
(a) a registered pharmacist;
(b) a person lawfully conducting a retail
pharmacy business in accordance
with section 69 of the Medicines Act
1968; or
(c) a supplier of Appliances,
who is included in the list of the
Commissioner under Part 7 the
Classification: Official
158
2006 Act or who provides local
pharmaceutical services in
accordance with LPS arrangements;
Child or Children a person or people under the age of 16
years;
Chiropodist or Podiatrist
Independent Prescriber
a chiropodist or podiatrist who is registered
in Part 2 of the register maintained under
article 5 of the Health and Social Work
Professions Order 2001 (establishment
and maintenance of register), and against
whose name in that register is recorded an
annotation signifying that the chiropodist or
podiatrist is qualified to order drugs,
medicines and Appliances as a chiropodist
or podiatrist independent prescriber;
Clinical Correspondence means all correspondence in writing,
whether in electronic form or otherwise,
between the Contractor and other health
service providers concerning or arising out
of patient attendance and treatment at the
Practice Premises including referrals made
by letter or by any other means;
Clinical Staff Contractor Staff with a medical or clinical
qualification that is registered with a
statutory professional body;
Code of Practice on
Disclosure
the Criminal Records Bureau Code of
Practice for Registered Persons and other
recipients of Disclosure Information
published by the Home Office under the
Police Act 1997 (revised April 2009);
Classification: Official
159
Commencement Date [INSERT DATE HERE]
Commissioner the National Health Service
Commissioning Board constituted by the
2012 Act and ‘NHS England’ shall have the
same meaning
Complaints Regulations the Local Authority Social Services and
National Health Service Complaints
(England) Regulations 2009;
Confidential Information information data and material of any nature
which either Party may receive or obtain in
connection with the operation of the
Contract and:
(a) the release of which is likely to
prejudice the commercial interests
of the Commissioner or (as the case
may be) the Contractor respectively;
or
(b) which is a trade secret;
Confidentiality Directions the Confidentiality and Disclosure of
Information: General Medical Services,
Personal Medical Services and Alternative
Contractor Medical Services Directions
2013 as amended or updated from time to
time;
Contractor [INSERT DETAILS HERE]
Contractor's Premises means the Practice Premises;
Contract Price the price as set out in and payable by the
Classification: Official
160
Commissioner to the Contractor in
accordance with the provisions of
Schedule 4;
Contract Year a year commencing on the
Commencement Date and on each
successive annual anniversary of the
Commencement Date and ending on the
day before each annual successive
anniversary of the Commencement Date;
Contract this contract concluded between the
Commissioner and the Contractor;
Contractor Staff
Controlled Drugs
the employees, directors, officers, agents,
subContractors and workmen of the
Contractor who are to be engaged in the
performance of the Contractor’s obligations
under this Contract including Transferring
Employees, self-employed doctors, locums
or Contractors;
the meaning given in section 2 of the
Misuse of Drugs Act 1971 (which relates to
controlled drugs and their classification for
the purposes of that Act);
Controlling Interest an interest in shares giving to the holder or
holder’s control of the Contractor (or its
Holding Company) within the meaning of
section 1124 of the Corporation Tax Act
2010;
Convictions other than in relation to minor road traffic
offences, any previous or pending
prosecutions, convictions, cautions and
Classification: Official
161
binding-over orders (including any spent
convictions as contemplated by Section
1(1) of the Rehabilitation of Offenders Act
1974 by virtue of the exemptions specified
in Part II of Schedule 1 of the
Rehabilitation of Offenders Act 1974
(Exceptions) Order 1975 (SI 1975/1023) or
any replacement to that Order);
Core Hours unless expressed more extensively, the
period beginning at 8am and ending at
6.30pm on any day from Monday to Friday
except Good Friday, Christmas Day or
Bank Holidays;
CRC Position any position in relation to which Standard
Disclosure is permitted in accordance with
section 113 of the Police Act 1997 as
amended or replaced from time to time
and, where applicable, the Police Act 1997
(Criminal Records) (Registration)
Regulations 2006 and the Code of Practice
on Disclosure but to which Enhanced
Disclosure is not permitted;
Data Controller
the Detained Estate
Healthcare Service
shall have the meaning ascribed to it under
the Data Protection Act 1998;
means the healthcare service
commissioned by the Commissioner in
respect of persons who are detained in
prison or in other secure accommodation
by virtue of regulations made under section
Classification: Official
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3B(1)(c) of the 2006 Act;24
Disclosure shall have the meaning in the Code of
Practice on Disclosure;
Dispenser a Chemist, medical practitioner or
Contractor whom a Patient wishes to
dispense his Electronic Prescriptions;
Dispensing Services the provision of drugs, medicines or
Appliances that may be provided as
pharmaceutical services by a medical
practitioner in accordance with
arrangements made under section 126
(Arrangements for Pharmaceutical
Services) and section 129 (Regulations as
to Pharmaceutical Services) of the 2006
Act;
Dispute a dispute, conflict or other disagreement
between the Parties arising out of or in
connection with this Contract;
Dispute Resolution
Procedure
the procedure detailed in Clause 66 of the
Contract;
Drug Tariff the publication known as the Drug Tariff
which is published by the Secretary of
State and which is referred to in section
127(4) (Arrangements for Additional
Pharmaceutical Services) of the 2006 Act;
Electronic Communication has the same meaning as in section 15 of
the Electronic Communications Act 2000;
24 Regulation 10 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996) and amended by S.I. 2013/261 and S.I. 2014/452.
Classification: Official
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Electronic Prescription Form a prescription form which falls within
paragraph (b) of the definition of
“Prescription Form”;
Electronic Prescription
Service
the service of that name which is operated
by the Health and Social Care Information
Centre;
Electronic Prescription an Electronic Prescription Form or
Electronic Repeatable Prescription;
Electronic Repeatable
Prescription
a prescription which falls within paragraph
(b) of the definition of “Repeatable
Prescription”;
Enhanced Disclosure shall have the meaning set out in the
Police Act 1997 and the Code of Practice
on Disclosure;
Enhanced Services has the meaning given in the GMS
Contract s Regulations;
Equipment anything save for the Practice Premises
and the staff that the Contractor may use in
the delivery of the Services;
ERC Position any position in relation to which Enhanced
Disclosure is permitted in accordance with
section 115 of the Police Act 1997 as
amended or replaced from time to time
and, where applicable, the Police Act 1997
(Criminal Records) (Registration)
Regulations 2006 and the Code of Practice
on Disclosure;
Essential Services the services described in regulation 17(4),
Classification: Official
164
(6), (7) and (9) of the GMS Contracts
Regulations, or services that are equivalent
to those services, and which are provided
during Core Hours;
Exempt Staff any person employed by an NHS Body;
Existing Contract or Other
Arrangement
a contract or arrangement that was entered
into prior to 1st April 2010 and which
remains in force on 1st April 2010;
Expert the person designated to determine the
Dispute in accordance with Schedule 10;
Expert Determination Notice notice in writing showing an intention to
refer a Dispute for expert determination;
Expiry Date [INSERT DATE HERE] or such other date
as may be fixed under Clause 2;
Exposure Prone Procedure
Financial Year
any invasive procedure within the Services
where there is a risk that injury to a
member of Contractor Staff may result in
the exposure of a Patient’s open tissues to
the blood of the worker including without
limitation any procedures where the
member of Contractor Staff’s gloved hands
may be in contact with sharp instruments,
needle tips or sharp tissues (such as
spicules of bone or teeth) inside a Patient’s
open body cavity, wound or confined
anatomical space where the hands or
fingertips may not be completely visible at
all times;
has the meaning given in section 275(1) of
Classification: Official
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the 2006 Act
Force Majeure Event one or more of the following to the extent
that it is not attributable to a Party or
Party’s staff, officers, employees or agents:
war, civil war (whether declared or
undeclared), riot or armed conflict;
radioactive, chemical or biological
contamination; pressure waves caused by
aircraft or other aerial devices travelling at
sonic or supersonic speed; acts of
terrorism; explosion; fire; flood;
extraordinarily severe weather conditions
which are both unforeseen and for which
precautions are not customarily taken by
prudent business organisations so as to
avoid or mitigate the impact thereof;
industrial action which affects the provision
of the Services, but which is not confined
to the workforce of the Party concerned or
is site specific; pestilence; the actions of
governmental authorities to the extent that
such actions are implemented either
pursuant to emergency powers or
otherwise outside the usual course of
governmental business; or Act of God, and
could not have been avoided or mitigated
by the exercise of all reasonable care by
that Party and further provided that such
event materially affects the ability of the
Party seeking to rely upon it to perform its
obligations under the Contract;
General Medical Practitioner except where the context otherwise
Classification: Official
166
or GP requires, a medical practitioner whose
name is included in the General
Practitioner Register kept by the General
Medical Council;
Geographical Number a number which has a geographical area
code as its prefix;
GMS Contracts Regulations the National Health Service (General
Medical Services Contracts) Regulations
2015;
Good Practice using standards, practices, methods and
procedures conforming to the Law and
exercising that degree of skill, care,
diligence, prudence and foresight which
would reasonably and ordinarily be
expected from a skilled, efficient and
experienced clinical services Contractor
providing clinical services and/or engaged
in operations similar to the Services under
the same or similar to the obligations of the
relevant party under this Contract whilst at
the same time complying with any specific
standards set out in this Contract or
notified to the Contractor by the
Commissioner from time to time;
Governing Body in respect of either Party, the board of
directors, governing body, executive team
or other body, as the case may be, having
overall responsibility for the actions of that
Party;
GP2GP Facility means the facility provided by the
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Commissioner to the Contractor which
enables the electronic health records of a
Registered Patient which are held on the
computerised clinical systems of the
Contractor to be transferred securely and
directly to another provider of primary
medical services with which the Patient
has registered;
GP Specialty Registrar a medical practitioner who is being trained
in general practice by a general medical
practitioner who is approved under section
34I of the Medical Act 1983 for the purpose
of providing training under that section
whether as part of training leading to a
CCT or otherwise;
GPSOC accredited computer
systems and software
Health and Social Care
Information Centre
means computer systems and software
which have been accredited by the
Secretary of State or another person in
accordance with "General Practice
Systems of Choice Level 2"
means a body corporate established under
section 252(1) of the Health and Social
Care Act 2012 which is also known as
NHS Digital;
Health and Social Services
Board
a Health and Social Services Board
established under the Health and Personal
Social Services (Northern Ireland) Order
1972;
Health and Social Services
Trust
a Health and Social Services Trust
established under article 10(1) of the
Classification: Official
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Health and Personal Social Services
(Northern Ireland) Order 1991;
Health Care Professional has the same meaning as in section 93 of
the 2006 Act;
Health Board a Health Board established under section 2
of the National Health Service (Scotland)
Act 1978;
Health Check means a consultation undertaken by the
Contractor in the course of which it must
make such inquires and undertake such
examination of the Patient as appear to it
to be appropriate in all the circumstances;
Health Service Body Includes a Strategic Health Authority or a
Primary Care Trust which was established
before the coming into force of section 33
(abolition of Strategic Health Authorities) or
34 (abolition of Primary Care Trusts) of the
Health and Social Care Act 2012;
Holding Company in relation to the Contractor means
"holding company" as defined in section
1159 of the Companies Act 2006 and any
other company which is itself a Holding
Company (as so defined) of a company
which is itself a Holding Company of the
Contractor;
Home Oxygen Order Form a form provided by the Commissioner and
issued by a Health Care Professional to
authorise a person to supply home oxygen
services to a Patient requiring oxygen
therapy at home;
Classification: Official
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Home Oxygen Services any of the following forms of oxygen
therapy or supply:
(a) ambulatory oxygen supply;
(b) urgent supply;
(c) hospital discharge supply;
(d) long term oxygen therapy; and
(e) short burst oxygen therapy;
Independent Nurse
Prescriber
a person:
(a) who is either engaged or employed
by the Contractor;
(b) who is registered in the Nursing and
Midwifery Register; and
(c) in respect of whom an annotation
signifying that he is qualified to
order drugs, medicines and
Appliances from as a community
practitioner nurse prescriber, a
nurse independent prescriber or as
a nurse independent/supplementary
prescriber;
Law (a) any applicable statute or
proclamation or any delegated or
subordinate Law;
(b) any enforceable community right
within the meaning of section 2(1)
European Communities Act 1972;
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(c) any NHS Requirement, applicable
code of practice, national minimum
standard, guidance, direction or
determination with which the
Contractor is bound to comply to the
extent that the same are published
and publicly available or the
existence or contents of them have
been notified to the Contractor by
the Commissioner; and
(d) any applicable judgement of a
relevant court of law which is a
binding precedent in England and
Wales
in each case in force in England and
Wales;
Licensing Authority shall be construed in accordance with
section 6(3) of the Medicines Act 1968 as
amended or replaced from time to time;
Licensing Body any body that licenses or regulates any
profession;
List of Patients in relation to the Contractor, the list
maintained in respect of the Contractor by
the Commissioner under direction 17 of the
APMS Directions;
Listed Medicine the drugs mentioned in regulation 13(1) of
the National Health Service (Charges for
Drugs and Appliances) Regulations 2015;
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Listed Medicines Voucher a form provided by the Commissioner for
use for the purpose of ordering a Listed
Medicine;
Loaned Equipment if any, equipment owned by the
Commissioner which is loaned to the
Contractor for the purposes of the Contract
in accordance with clause 6;
Local HealthWatch
Organisation
the body corporate established in
accordance with the requirements of the
2012 Act (and any subsequent regulations)
that will provide services the same or
similar to those services previously
provided by the Local Involvement
Network;
Local Medical Committee a committee recognised by the
Commissioner under section 97 of the
2006 Act;
Mandatory Term a term required to be included in the
Contract by the APMS Directions;
Medical Card a card issued by the Commissioner, Local
Health Commissioner, Health Authority,
Health Commissioner or Health and Social
Services Commissioner to a person for the
purpose of enabling him to obtain, or
establishing his title to receive, primary
medical services;
Medical Officer a medical practitioner who is:
(a) employed or engaged by the
Classification: Official
172
Department for Work and Pensions;
or
(b) provided by an organisation in
pursuance of a contract entered into
with the Secretary of State for Work
and Pensions;
Medical Performers List a list of medical practitioners maintained
and published by the Commissioner in
accordance with section 91(1) (Persons
Performing Primary Medical Services) of
the 2006 Act;
Medical Register
National Diabetes Audit
the registers kept under section 2 of the
Medical Act 1983;
means the Commissioner's clinical priority
programme on diabetes which measures
the effectiveness of diabetes healthcare
provided against clinical guidelines and
quality standards issued by the National
Institute for Heath and Care Excellence
(NICE) in England and Wales);
National Disqualification (a) a decision made by the First-tier
Tribunal under section 159 of the
2006 Act (national disqualification)
or under regulations corresponding
to that section
(b) a decision under provisions in force
in Wales, Scotland or Northern
Ireland corresponding to section 159
of the Act (national disqualification);
Classification: Official
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Negotiation Period the period of 15 Operational Days following
receipt of the first offer to negotiate;
NHS Body shall have the meaning as set out in
Clause 55.2.1;
NHS Contract
NHS Digital Workforce
Census
has the meaning assigned to it in section 9
of the 2006 Act;
means the successor to the GP Workforce
Census undertaken by the Health and
Social Care Information Centre annually;
NHS Number means, in relation to a Registered Patient,
the number consisting of 10 numeric digits
which serves as the national unique
identifier used for the purpose of safely,
accurately and efficiently sharing
information relating to that patient across
the whole of the health service in England;
NHS Pensions NHS Pensions, as part of the NHS
Business Services Authority;
NHS Requirement all mandatory NHS requirements and any
similar official requests, requirements and
NHS standards and recommendations
having similar status for the time being in
force, but only to the extent the same are
published and publically available (whether
on the Department of Health website, on
the website of a Competent Authority or
otherwise) or the existence and contents of
them have been notified to the Contractor
by the Commissioner;
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NHSTDA the Special Health Authority known as the
National Health Service Trust Development
Authority established under the NHS Trust
Development Authority (Establishment and
Constitution) Order 2012 SI 2012/901;
NHS Tribunal the Tribunal constituted under section 46 of
the National Health Service Act 1977 for
England and Wales, and which, except for
prescribed cases, had effect in relation to
England only until 14th December 2001
and in relation to Wales only until 26th
August 2002;
Nominated Dispenser a Chemist, medical practitioner or
Contractor who has been nominated in
respect of a Patient and the details of that
nomination are held in respect of that
Patient in the Patient Demographics
Service, which is operated by the
Information Centre for Health and Social
Care;
Non-Electronic Prescription
Form
a form for the purpose of ordering a drug,
medicine or Appliance which is;
(a) provided by the Commissioner, a
local authority or the Secretary of
State;
(b) issued by the Prescriber;
(c) indicates that the drug, medicine or
Appliance ordered may be provided
more than once; and
Classification: Official
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(d) specifies the number of occasions
on which they may be provided;
Non-Electronic Repeatable
Prescription
a Prescription which falls within clause
(a)(i) of the definition of “Repeatable
Prescription”;
Nursing and Midwifery
Register
the register maintained by the Nursing and
Midwifery Council under the Nursing and
Midwifery Order 2001;
Nursing Officer a health care professional who is
registered on the Nursing and Midwifery
Register and—
(i) employed or engaged by the
Department for Work and Pensions,
or
(ii) provided by an organisation under a
contract entered into with the
Secretary of State for Work and
Pensions;
Occupational Therapist a health care professional who is
registered in the part of the register
maintained by the Health Professions
Council under article 5 of the Health and
Social Work Professions Order 2001
relating to occupational therapists and—
(i) employed or engaged by the
Department for Work and Pensions,
or
(ii) provided by an organisation under a
Classification: Official
176
contract entered into with the
Secretary of State for Work and
Pensions; and
Operational Day a day other than a Saturday, Sunday or
bank holiday in England;
Out of Hours Period (a) the period beginning at 6.30pm on
any day from Monday to Thursday
and ending at 8am on the following
day;
(b) the period between 6.30pm on
Friday and 8am on the following
Monday; and
(c) Good Friday, Christmas Day and
Bank Holidays;
Out of Hours Services services required to be provided in all or
part of the Out of Hours Period which
would be Essential Services if provided by
a Contractor to its Registered Patients in
APMS Core Hours;
Outer Boundary Area the area outside the Patient Registration
Area more particularly described in clause
31;
Overseas Disclosure disclosure of convictions or other related
matters from any country outside the
United Kingdom by use of the relevant
country’s criminal records disclosure
system;
Overseas Person any person who is a citizen of or holds a
Classification: Official
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Relevant Professional Qualification from
any country outside the UK or who has
worked in any country outside the UK;
Parent includes, in relation to any Child, any adult
who, in the opinion of the Contractor, is for
the time being discharging in respect of
that Child the obligations normally
attaching to a parent in respect of a Child;
Party either the Commissioner or the Contractor,
and “Parties” shall be construed
accordingly;
Patient Registration Area the area in respect of which persons
resident in it will, subject to any other terms
of the Contract relating to Patient
registration, be entitled to register with the
Contractor or seek acceptance by the
Contractor as a Temporary Resident; The
Patient Registration Area is set out in
Annex 1 of Schedule 2.
Patient persons to whom the Contractor is required
or has agreed to provide Services under
the Contract;
Patient Choice Extension
Scheme
means the scheme of that name
established by the Secretary of State under
which primary medical services may be
provided to persons under arrangements
made in accordance with directions by the
Secretary of State under section 98A
(exercise of functions) of the 2006 Act;
Pharmaceutical Independent means a person:
Classification: Official
178
Prescriber
(a) who is either engaged or employed
by the Contractor or is party to the
Contract;
(b) who is registered in Part 1 of the
register maintained under Article
10(1) of the Pharmacists and
Pharmacy Technicians Order 2007
as amended or replaced from time
to time or the register maintained in
pursuance of Articles 6 and 9 of the
Pharmacy (Northern Ireland) Order
1976; and
(c) against whose name in that register
is recorded an annotation signifying
that he is qualified to order drugs,
medicines and Appliances as a
pharmacist independent prescriber;
Physiotherapist Independent
Prescriber
a physiotherapist who is registered in Part
9 of the register maintained under article 5
of the Health and Social Work Professions
Order 2001 and against whose name in
that register is recorded an annotation
signifying that the physiotherapist is
qualified to order drugs, medicines and
Appliances as a Physiotherapist
Independent Prescriber;
Physiotherapist a health care professional who is
registered in the part of the register
maintained by the Health Professions
Council under article 5 of the Health and
Classification: Official
179
Social Work Professions Order 2001
relating to physiotherapists and—
(i) employed or engaged by the
Department for Work and Pensions,
or
(ii) provided by an organisation under a
contract entered into with the
Secretary of State for Work and
Pensions.
PMS Agreements
Regulations
the National Health Service (Personal
Medical Services Agreements) Regulations
2015;
Practice Premises an address or addresses specified in Part
1 of Schedule 2 of the Contract at which
Services are to be provided under the
Contract
Practice the business operated by the Contractor
for the purpose of delivering services under
the Contract;
Prescriber a Chiropodist or Podiatrist Independent
Prescriber;
(a) an Independent Nurse Prescriber
(b) a medical practitioner;
(c) an optometrist independent
prescriber;
(d) a Pharmaceutical Independent
Prescriber;
Classification: Official
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(e) a Physiotherapist Independent
Prescriber; and
(f) a Supplementary Prescriber;
who is either engaged or employed by the
Contractor, or is a party to this Contract;
Prescription Form except in the context of the expression
“Electronic Prescription Form” or “Non-
Electronic Prescription Form”:
(a) a form for the purpose of ordering a
drug, medicine or Appliance which
is:
(i) provided by the
Commissioner, a local
authority or the Secretary of
State;
(ii) issued by a Prescriber; and
(iii) does not indicate that the
drug, medicine or Appliance
ordered may be ordered
more than once; or
(b) where Clause 20.1 (Electronic
Prescriptions) applies, data created
in an electronic form for the purpose
of ordering a drug, medicine or
Appliance, which:
(i) is signed with a Prescriber’s
Advanced Electronic
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181
Signature;
(ii) is transmitted as an
Electronic Communication to
a nominated dispensing
Contractor by the Electronic
Prescription Service; and
(iii) (does not indicate that the
drug, medicine or Appliance
ordered may be provided
more than once;
Prescription Only Medicine a medicine referred to in regulation 5(3)
(Classification of Medicinal Products) of the
Human Medicines Regulations 2012;
Primary Care List (a) a list of persons performing primary
medical services under Part 4 of the
2006 Act, primary dental services
under Part 5 of the 2006 Act or
primary ophthalmic services under
Part 6 of the 2006 Act, prepared in
accordance with regulations made
under sections 91, 106, 123, 145,
146, 147A or 149 respectively of the
2006 Act;
(b) a list of persons undertaking to
provide primary medical services,
primary dental services, primary
ophthalmic services or, as the case
may be, pharmaceutical services
prepared in accordance with
regulations made under the
Classification: Official
182
applicable provisions of the 2006
Act;
(c) a list corresponding to any of the
above lists in Wales, Scotland or
Northern Ireland;
Primary Carer
Primary Medical Services
in relation to an adult, the adult or
organisation primarily caring for him;
medical services provided under or by
virtue of a contract or agreement to which
Part 4 of the 2006 Act applies;
Registered Patient a person:
(a) who is recorded by the
Commissioner pursuant to the
APMS Directions as being on the
Contractor’s List of Patients, or
(b) whom the Contractor has accepted
for inclusion on its List of Patients,
whether or not notification of that
acceptance has been received by
the Commissioner and who has not
been notified by the Commissioner
as having ceased to be on that list;
Relevant Calls calls—
(i) made by patients to the Practice
Premises for any reason related to
Services provided under this
Contract; and
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183
(ii) made by persons, other than
patients, to the Practice Premises in
relation to services provided as part
of the health service;
Relevant Register (a) in relation to a nurse, the Nursing
and Midwifery Register;
(b) in relation to a pharmacist, Part 1 of
the register maintained under Article
10 of the Pharmacists and
Pharmacy Technicians Order 2007
as amended or replaced from time
to time or the register maintained in
pursuance of Articles 6 and 9 of the
Pharmacy (Northern Ireland) Order
1976;
(c) in relation to an optometrist, the
register maintained by the General
Optical Council in pursuance of
section 7 of the Opticians Act 1989;
and
(d) the part of the register maintained
by the Health and Care Professions
Council in pursuance of article 5 of
the Health and Social Work
Professions Order 2001 relating to:
(i) Chiropodists and Podiatrists;
(ii) Physiotherapists; or
(iii) Radiographers;
Classification: Official
184
Repeat Dispensing Services pharmaceutical services or Local
Pharmaceutical Services which involve the
provisions of drugs, medicines or
Appliances by a Chemist in accordance
with a Repeatable Prescription;
Repeatable Prescriber a Prescriber who is:
(a) engaged or employed by the
Contractor where the Contractor
provides Repeatable Prescribing
Services under the terms of the
Contract; or
(b) a party to the Contract where such
services are provided;
Repeatable Prescribing
Services
services which involve the prescribing of
drugs, medicines or appliances on a
Repeatable Prescription;
Repeatable Prescription except in the context of the expression
Electronic Repeatable Prescription and
Non-Electronic Repeatable Prescription, a
Prescription which:
(a) is a form provided by the
Commissioner, a local authority or
the Secretary of State for the
purpose of ordering a drug,
medicine or Appliance which is in
the format required by NHS
Business Services Authority and
which:
Classification: Official
185
(i) is issued, or is to be issued,
by a Repeatable Prescriber
to enable a Chemist or
person providing Dispensing
Services to receive payment
for the provision of Repeat
Dispensing Services;
(ii) indicates, or is to indicate,
that the drug, medicine or
Appliance ordered may be
provided more than once;
and
(iii) specifies, or is to specify the
number of occasions on
which they may be provided;
or
(b) where Clause 20.1 (Electronic
Prescriptions) applies, is data
created in an electronic form for the
purposes of ordering a drug,
medicine or Appliance, which:
(i) is signed, or to be signed,
with the Prescriber’s
Advanced Electronic
Signature;
(ii) is transmitted, or is to be
transmitted, as an Electronic
Communication to a
nominated dispensing
Contractor by the Electronic
Classification: Official
186
Prescription Service; and
(iii) indicates, or is to indicate,
that the drugs, medicines or
Appliances ordered may be
provided more than once and
specifies the number of
occasions on which they may
be provided;
Restricted Availability
Appliance
an Appliance which is approved for
particular categories of persons or
particular purposes only;
Scheduled Drug
(a) a drug, medicine or other substance
specified in any directions given by
the Secretary of State under section
88 of the 2006 Act as being a drug,
medicine or other substance which
may not be ordered for Patients in
the provision of medical services
under the Contract; or
(b) except where the conditions in
Clause 30.1 are satisfied, a drug,
medicine or other substance which
is specified in any directions given
by the Secretary of State under
section 88 of the 2006 Act as being
a drug, medicine or other substance
which can only be ordered for
specified Patients and specified
purposes;
means the date on which the person
Classification: Official
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the Scheduled Release Date making an application under clause
31.148.3 is due to be released from
detention in prison;
Secretary of State the Secretary of State for Health;
Service Specification the specification for the Services set out in
Schedule 2 of the Contract;
Services the services to be provided by the
Contractor in accordance with the terms of
the Contract as detailed in the Service
Specification;
Standard Disclosure shall have the meaning set out in the Code
of Practice on Disclosure;
Standards for Better Health the document produced by the Department
of Health establishing the core and
developmental standards covering NHS
healthcare provided for NHS patients in
England;
Summary Care Record means the system approved by the
Commissioner for the automated
uploading, storing and displaying of patient
data relating to medications, allergies,
adverse reactions and, where agreed with
the Contractor and subject to the patient’s
consent, any other data taken from the
patient’s electronic record;
Summary Information means items of patient data that comprise
the Summary Care Record;
Supplementary Prescriber a person:
Classification: Official
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(a) who is either engaged or employed
by the Contractor; or
(b) whose name is registered in:
(i) the Nursing and Midwifery
Register;
(ii) Part 1 of the Register
maintained under Article 19 of
the Pharmacy Order 2010;
(iii) the register maintained in
pursuance of articles 6 and 9
of the Pharmacy (Northern
Ireland) Order 1976; or
(iv) the part of the register
maintained by the Health
Professions Council in
pursuance of article 5 of the
Health and Social Work
Professions Order 2001
relating to:
(aa) chiropodists and
podiatrists;
(bb) physiotherapists;
(cc) radiographers:
diagnostic or
therapeutic; or
(v) the register of optometrists
maintained by the General
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Optical Council pursuant to
section 7 of the Opticians Act
1989; and
(c) against whose name is recorded in
the Relevant Register an annotation
signifying that he is qualified to
order drugs medicines and
Appliances as a Supplementary
Prescriber;
System of Clinical
Governance
a framework through which the Contractor
endeavours continuously to improve the
quality of its Services and safeguard high
standards of care by creating an
environment in which clinical excellence
can flourish.
Temporary Resident has the meaning given in the GMS
Contracts Regulations;
Transferring Employees the employees of the Commissioner or any
Contractor of the services immediately
prior to the Commencement Date which
become the Services (as the case may be)
whose employment shall transfer under
TUPE to the Contractor on the
Commencement Date and any other
employees of the Commissioner or any
such Contractor (as the case may be) to
whom TUPE applies by operation of law as
a consequence of this Contract;
TUPE the Transfer of Undertakings (Protection of
Employment) Regulations 2006
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Working Day any day apart from Saturday, Sunday,
Christmas Day, Good Friday or a Bank
Holiday; and
Writing except in Clause 57.1 and unless the
context otherwise requires, includes
electronic mail and “written” should be
construed accordingly.
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Schedule 2
Service Specification25
25 The Service Specification must specify who the Contractor is to provide services to under the Contract, including where appropriate by reference to an area within which a person resident would be entitled to receive services under the Contract. This is a requirement of the APMS Directions.
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Service Mobilisation / Transition Plan26
The contractor shall ensure that those services and requirements described in
this contract are implemented in accordance with the timetable and plan
described below.
For the avoidance of doubt where any service or requirement is not specified
in the Service Mobilisation / Transition Plan this shall be deemed to have been
implemented by the contract commencement date.
This plan was [proposed by the contractor as part of their successful tender
bid and forms part of this contract] [agreed between the Commissioner and
Contractor as part of the negotiations]
Insert Contractors Service Mobilisation / Transition Plan
26 For local agreement
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Annex 1
Patient Registration Area and Outer Boundary Area
Reference: Clause 31.2
[FOR LOCAL AGREEMENT]
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Schedule 3
Practice Premises and Equipment
Part 1
Premises
[INSERT DETAILS HERE]
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Part 2
Provisions relating to Loaned Equipment
27At the Commencement Date of this contract there is/is no28 Loaned Equipment.
Therefore the provisions in this Part 2 do/do not apply at Commencement
1.1 The Contractor shall be liable for and shall make good any damage to any
Loaned Equipment caused by misdirection or misuse due to negligence on the
part of the Contractor, his employees, contractors or agents or any other
person or entity engaged by the Contractor and in the event that any such
Loaned Equipment is beyond economic repair the Contractor shall at its own
cost procure new replacements of equivalent specification or such other
specification that the Commissioner may approve in writing.
1.2 The Commissioner shall not be liable for any damage to the Loaned
Equipment caused by faulty operation or misuse of the Loaned Equipment.
1.3 The Commissioner shall have the right to withdraw any Loaned Equipment at
any time and shall be under no liability whatsoever for failing to lend
equipment at any time.
1.4 The Commissioner will grant to the Contractor on and from the
Commencement Date, for the duration set out in paragraph 1.5, a non-
exclusive, non-transferable licence to use any and all of the Loaned
Equipment that may be required to enable the Contractor to carry out or
otherwise perform the Services and any ancillary services. The Parties
acknowledge and agree that the list of Loaned Equipment set out in Annex 1
to Schedule 3 has been compiled based on the information known to the
Parties at the Commencement Date. The Parties acknowledge and agree that
the list of Loaned Equipment set out in Part 2 of Schedule 3 may not be a
complete list.
1.5 The licence granted pursuant to paragraph 1.4 shall terminate at the same
time as this Contract. If this Contract is terminated (in whole or in part) for any
27 May be amended – for local agreement 28 Delete within highlighted sections where applicable
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reason in accordance with its terms, the licence shall terminate in respect of
the Loaned Equipment and the Contractor shall at the Commissioner’s
request return the Loaned Equipment to the Commissioner in accordance with
paragraph 1.12.
1.6 The Contractor shall not:
1.6.1 sub-license to any sub-contractor (other than those approved in
writing by the Commissioner);
1.6.2 assign or novate the benefit or burden of the licence set out in
paragraph 1.4 in whole or in part;
1.6.3 allow the Loaned Equipment to become the subject of any charge, lien
or encumbrance; and
1.6.4 deal in any manner with any of the Loaned Equipment which is
inconsistent with its rights and obligations under paragraph 1.4,
without the prior written consent of the Commissioner, which shall not be
unreasonably withheld.
1.7 The Contractor shall:
1.7.1 use the Loaned Equipment in accordance with manufacturer’s
instructions and any instructions provided by the Commissioner to the
Contractor;
1.7.2 store the Loaned Equipment appropriately and in accordance with all
applicable Law, good practice guidelines and any manufacturer’s
instructions;
1.7.3 establish and manage a planned preventative maintenance
programme and make adequate and appropriate contingency
arrangements for emergency remedial maintenance or substitute
equipment;
1.7.4 keep the Loaned Equipment in good condition and repair;
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1.7.5 maintain records of maintenance testing and certification of the
Loaned Equipment, such records to be made available to the
Commissioner as requested from time to time;
1.7.6 ensure the Loaned Equipment are only operated or used by properly
trained and appropriately qualified operators (where applicable);
1.7.7 adequately insure all the Loaned Equipment.
1.8 Upon receiving written notice from the Commissioner, the Contractor will allow
the Commissioner to conduct an inspection of the Loaned Equipment in order
to ensure the Contractor is complying with its obligations set out in this
paragraph 1.
1.9 Save to the extent caused or contributed to by the Commissioner, the
Contractor shall indemnify and keep indemnified the Commissioner from and
against all liability in respect of all losses, claims, charges, demands, liabilities,
damages and expenses suffered by the Commissioner in respect of:
1.9.1 damage, loss or destruction of the Loaned Equipment;
1.9.2 injury, harm or death of any person;
1.9.3 damage to any Premises; or
1.9.4 failure by the Contractor to comply with its obligations under
paragraph 1.7.
by reason of acts or omissions by the Contractor or those authorised by it
when using the Loaned Equipment after the Commencement Date.
1.10 Save as otherwise provided in this Clause, the Contractor shall use the
Loaned Equipment at its own risk and no liability shall attach to the
Commissioner in respect of the use of the Loaned Equipment by the
Contractor or otherwise.
1.11 The Parties agree that the Licence granted pursuant to paragraph 1.4 may be
terminated in respect only of the Loaned Equipment affected by the relevant
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Licence Termination Event, by the Commissioner, immediately on notice to
the Contractor, on the occurrence of any of the following events:
1.11.1 expiry or termination of any of this Contract, in whole or in part;
1.11.2 the Contractor failing to comply with its obligations under this
paragraph 1;
1.11.3 there is a change in Law that requires the licensing arrangements to
end; or
1.11.4 the Contractor ceasing to exist or ceasing to carry on its business or
any part of its business,
(each a “Licence Termination Event”) and the provisions of paragraph 1.12
shall apply.
1.12 Upon the occurrence of a Licence Termination Event, the Contractor shall
return to the Commissioner the Loaned Equipment as soon as reasonably
practicable in the same or similar condition as the Loaned Equipment was
handed over to the Contractor on the Transfer Date, excepting fair wear and
tear (“Return Conditions”).
1.13 If the Contractor fails to return the Loaned Equipment to the Commissioner
upon request, or any returned Loaned Equipment do not comply with the
Return Conditions, then:
1.13.1 the Commissioner shall be entitled to deduct an amount equal to the
replacement value of any and all Loaned Equipment that are either not
returned, or returned in a condition that does not meet the Return
Conditions (as applicable) at the date of the expiry or termination, from
any amounts payable by the Commissioner to the Contractor under
this Contract; or
1.13.2 the Contractor shall pay the Commissioner, on written notice from the
Commissioner, an amount equal to the replacement value of the
portion of the Loaned Equipment that were either not returned or
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returned in a condition that does not comply with the Return
Conditions (as applicable) at the time such assets are returned to the
Commissioner.
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Annex 1
Loaned Equipment
[List of Loaned Equipment, if any, to be inserted here]
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Schedule 4
Finance29
29 For local agreement.
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Schedule 4 Part 2: Minimum Insurance Requirements
Reference Clause 52
The minimum insurance required under clause 52 is set out below30.
Class Minimum Sum Insured
Public Liability
£5,000,000 (five million pounds sterling) for any one claim and unlimited in the aggregate
Employers Liability
£10,000,000 (ten million pounds sterling) any one claim
Property All Risks
Reinstatement as new cost on buildings, fixtures, fittings and contents in relation to damage to property used for or in connection with the ownership, maintenance and operation of the Practice Premises and provision of the Services.
Clinical Negligence
£5,000,000 (five million pounds sterling) for any one claim with an aggregate limit of at least £10,000,000 (ten million pounds sterling).
30 For local agreement. An assessment should be made in each set of circumstances as to the appropriate level of cover.
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Schedule 5
Complaints Procedure
1. Arrangements for the handling and consideration of complaints
(1) The Contractor must make arrangements (“arrangements for dealing with
complaints”) in accordance with this Schedule for the handling and
consideration of complaints.
(2) The arrangements for dealing with complaints must be such as to ensure
that—
(a) complaints are dealt with efficiently;
(b) complaints are properly investigated;
(c) complainants are treated with respect and courtesy;
(d) complainants receive, so far as is reasonably practical—
(i) assistance to enable them to understand the procedure in
relation to complaints; or
(ii) advice on where they may obtain such assistance;
(e) complainants receive a timely and appropriate response;
(f) complainants are told the outcome of the investigation of their
complaint; and
(g) action is taken if necessary in the light of the outcome of a complaint.
2. Responsibility for complaints arrangements
(1) The Contractor must designate—
(a) a responsible person, to be responsible for ensuring compliance with
the arrangements made under this Schedule, and in particular
ensuring that action is taken if necessary in the light of the outcome
of a complaint; and
(b) a complaints manager, to be responsible for managing the
procedures for handling and considering complaints in accordance
with the arrangements made under this Schedule.
(2) The functions of the responsible person may be performed by any person
authorised by the Contractor to act on behalf of the responsible person.
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(3) The functions of the complaints manager may be performed by any
person authorised by the Contractor to act on behalf of the complaints
manager.
(4) The responsible person is to be:
(a) the person who acts as the chief executive officer of the Contractor
or, if none—
(i) the person who is the sole proprietor of the Contractor;
(ii) where the Contractor is a partnership, a partner; or
(iii) in any other case, a director of the Contractor, or a person who
is responsible for managing the Contractor.
(5) The complaints manager may be—
(a) a person who is not an employee of the Contractor;
(b) the same person as the responsible person.
3. Persons who may make complaints
(1) A complaint may be made by—
(a) a person who receives or has received services from the Contractor;
or
(b) a person who is affected, or likely to be affected, by the action,
omission or decision of the Contractor which is the subject of the
complaint.
(2) A complaint may be made by a person (in this regulation referred to as a
representative) acting on behalf of a person mentioned in paragraph (1)
who—
(a) has died;
(b) is a child;
(c) is unable to make the complaint themselves because of—
(i) physical incapacity; or
(ii) lack of capacity within the meaning of the Mental Capacity Act
2005; or
(d) has requested the representative to act on their behalf.
(3) Where a representative makes a complaint on behalf of a child, the
Contractor—
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(a) must not consider the complaint unless it is satisfied that there are
reasonable grounds for the complaint being made by a
representative instead of the child; and
(b) if it is not so satisfied, must notify the representative in writing, and
state the reason for its decision.
(4) This paragraph applies where—
(a) a representative makes a complaint on behalf of—
(i) a child; or
(ii) a person who lacks capacity within the meaning of the Mental
Capacity Act 2005; and
(b) the Contractor is satisfied that the representative is not conducting
the complaint in the best interests of the person on whose behalf the
complaint is made.
(5) Where paragraph (4) applies—
(a) the complaint must not be considered or further considered under
this Schedule; and
(b) the Contractor must notify the representative in writing, and state the
reason for its decision.
(6) In this Schedule any reference to a complainant includes a reference to a
representative.
4. Time limit for making a complaint
(1) Except as mentioned in paragraph (2), a complaint must be made not later
than 12 months after—
(a) the date on which the matter which is the subject of the complaint
occurred; or
(b) if later, the date on which the matter which is the subject of the
complaint came to the notice of the complainant.
(2) The time limit in paragraph (1) shall not apply if the Contractor is satisfied
that—
(a) the complainant had good reasons for not making the complaint
within that time limit; and
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(b) notwithstanding the delay, it is still possible to investigate the
complaint effectively and fairly.
5. Procedure before investigation
(1) A complaint may be made orally, in writing or electronically.
(2) Where a complaint is made orally, the Contractor must—
(a) make a written record of the complaint; and
(b) provide a copy of the written record to the complainant.
(3) The Contractor must acknowledge the complaint not later than 3 working
days after the day on which it receives the complaint.
(4) Where the Contractor receives a complaint sent to it by the Commissioner
or another responsible body (as defined in the Complaints Regulations),
the complaint must be acknowledged by the Contractor not later than 3
working days after the day on which it receives the complaint.
(5) The acknowledgement may be made orally or in writing.
(6) At the time it acknowledges the complaint, the Contractor must offer to
discuss with the complainant, at a time to be agreed with the
complainant—
(a) the manner in which the complaint is to be handled; and
(b) the period (“the response period”) within which—
(i) the investigation of the complaint is likely to be completed; and
(ii) the response is likely to be sent to the complainant.
(7) If the complainant does not accept the offer of a discussion, the Contractor
must—
(a) determine the response period specified in paragraph (6)(b); and
(b) notify the complainant in writing of that period.
6. Investigation and response
(1) A Contractor to which a complaint is made must—
(a) investigate the complaint in a manner appropriate to resolve it
speedily and efficiently; and
(b) during the investigation, keep the complainant informed, as far as
reasonably practicable, as to the progress of the investigation.
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(2) As soon as reasonably practicable after completing the investigation, the
Contractor must send the complainant in writing a response, signed by the
Contractor, which includes—
(a) a report which includes the following matters—
(i) an explanation of how the complaint has been considered; and
(ii) the conclusions reached in relation to the complaint, including
any matters for which the complaint specifies, or the Contractor
considers, that remedial action is needed; and
(b) confirmation as to whether the Contractor is satisfied that any action
needed in consequence of the complaint has been taken or is
proposed to be taken;
(c) details of the complainant's right to take their complaint to the Health
Service Commissioner under the Health Service Commissioners Act
1993.
(3) In paragraph (4), “relevant period” means the period of 6 months
commencing on the day on which the complaint was received, or such
longer period as may be agreed before the expiry of that period by the
complainant and the Contractor.
(4) If the Contractor does not send the complainant a response in accordance
with paragraph (2) within the relevant period, the Contractor must—
(a) notify the complainant in writing accordingly and explain the reason
why; and
(b) send the complainant in writing a response in accordance with
paragraph (2) as soon as reasonably practicable after the relevant
period.
7. Form of communications
(1) Any communication which is required by this Schedule to be made to a
complainant may be sent to the complainant electronically where the
complainant—
(a) has consented in writing or electronically; and
(b) has not withdrawn such consent in writing or electronically.
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(2) Any requirement in this Schedule for a document to be signed by a person
is satisfied, in the case of a document which is sent electronically in
accordance with this Schedule, by the individual who is authorised to sign
the document typing their name or producing their name using a computer
or other electronic means.
8. Publicity
The Contractor must make information available to the public as to—
(a) its arrangements for dealing with complaints; and
(b) how further information about those arrangements may be obtained.
9. Monitoring
For the purpose of monitoring the arrangements under this Schedule the
Contractor must maintain a record of the following matters—
(a) each complaint received;
(b) the subject matter and outcome of each complaint; and
(c) where the Contractor informed the complainant of—
(i) the response period specified in paragraph 5(6)(b); or
(ii) any amendment to that period,
whether a report of the outcome of the investigation was sent to the
complainant within that period or any amended period.
10. Annual reports
(1) The Contractor must prepare an annual report for each year which must—
(a) specify the number of complaints which the Contractor received;
(b) specify the number of complaints which the Contractor decided were
well-founded;
(c) specify the number of complaints which the Contractor has been
informed have been referred to—
(i) the Health Service Commissioner to consider under the Health
Service Commissioners Act 1993; and
(d) summarise—
(i) the subject matter of complaints that the Contractor received;
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(ii) any matters of general importance arising out of those
complaints, or the way in which the complaints were handled;
(iii) any matters where action has been or is to be taken to improve
services as a consequence of those complaints.
(2) In paragraph (1), “year” means a period of 12 months ending with 31st
March.
(3) The Contractor must ensure that its annual report is available to any
person on request.
(4) The Contractor must send a copy of its annual report to the
Commissioner.
(5) The copy of the annual report required to be sent in accordance with
paragraph (5) must be sent as soon as reasonably practicable after the
end of the year to which the report relates.
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Schedule 6
Performance Management31
31 For local agreement.
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Annex 1
Annual Report
The Contractor agrees to provide a report on an annual basis as requested by the
Commissioner. The Template for the Annual Report shall be provided by the
Commissioner no later than 9 months after the Commencement Date.32
32 Or for local agreement if provisions can be specified or agreed by alternative means.
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Schedule 7
Administration
The following person is the Commissioner’s Representative and is authorised to act
on behalf of the Commissioner on all matters relating to the Contract:
Name:
Title:
The Contractor’s Representative shall be:
Name:
Title:
All correspondence relating to the Contract shall be dated and sent to the
Commissioner’s Representative or the Contractor’s Representative at the postal or
email addresses notified to the other party from time to time.
The Commissioner and the Contractor shall appoint Representatives from time to
time who are authorised to act on behalf of the Commissioner and Contractor on all
matters relating to the Contract.
The Commissioner and Contractor shall notify the other party of the identity of their
respective Representative(s) and of any change of such Representative(s) as soon
as reasonably practicable.
For the purposes of clause 81.2 (Confidential Information), the relevant timescale
shall be [2 years for all classes of information]33.
33 Consideration should be paid in each case as to the nature of information likely to be affected.
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Schedule 8
Particulars for Practice Leaflet
[INCLUDE IF RELEVANT:]
A practice leaflet shall include:
1. In the case of a Contract with a partnership:
a. the name of the Contractor;
b. in the case of a Contract with a partnership, whether or not it is a
limited partnership; and
c. the names of all the partners and, in the case of a limited partnership,
their status as a general or limited partner.
2. In the case of a Contract with a company:
a. the names of the directors, the company secretary and the
shareholders of that company; and
b. the address of the company’s registered office.
3. The full name of each person performing Services under the Contract.
4. In the case of each Health Care Professional performing services under the
Contract his professional qualifications.
5. Whether the Contractor undertakes the teaching or training of Health Care
Professionals or persons intending to become health care professionals.
6. The Contractor’s Patient Registration Area, including the area known as the
Outer Boundary Area, by reference to a sketch diagram, plan or postcode.
7. The address of each of the Practice Premises.
8. The Contractor’s telephone and fax number and the address of its website (if
any).
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9. Whether the Practice Premises have suitable access for all disabled patients
and, if not, the alternative arrangements for providing services to such
Patients.
10. How to register as a Patient.
11. The right of Patients to express a preference of practitioner and the means of
expressing such a preference.
12. The services available under the Contract.
13. The opening hours of the Practice Premises and the method of obtaining
access to services throughout the Core Hours.
(i) The criteria for home visits and the method of obtaining such a visit.
(ii) The consultations available to Patients.
14. 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.
15. Where the services referred to in paragraph 14 are not provided by the
Contractor, the fact that the Commissioner is responsible for commissioning
the services.
16. The method by which Patients are to obtain repeat prescriptions.
17. If the Provider offers Repeatable Prescribing Services, the arrangements for
providing such services.
18. If the Provider is a dispensing Provider the arrangements for dispensing
prescriptions.
19. How Patients may make a complaint or comment on the provision of service.
20. The rights and responsibilities of the Patient, including keeping appointments.
21. The action that may be taken where a Patient is violent or abusive to the
Provider or his staff or other persons on the Practice Premises.
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22. Details of who has access to Patient information (including information from
which the identity of the individual can be ascertained) and the Patient’s rights
in relation to disclosure of such information.
23. The name, address and telephone number of the Commissioner.
24. Information about the assignment by the Contractor to its new and existing
Patients of an Accountable GP in accordance with clauses 31.133 to 31.141.
25. Information about the assignment by the Contractor to its Patients aged 75
and over of an Accountable GP under clauses 31.121 to 31.124.
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Schedule 9
TUPE, Tendering and Handover34
34 For local agreement.
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Schedule 10
Dispute Resolution Procedure
Escalated Negotiation
1. If any Dispute arises, the Parties must first attempt to settle it by either of them
making a written offer to the other to negotiate. During the Negotiation Period
the Parties must negotiate and be represented:
1.1. for the first 10 Operational Days, by a senior person who where
practicable has not had any direct day-to-day involvement in the
matter and has authority to settle the Dispute; and
1.2. for the last 5 Operational Days, by their chief executive, director, or
member of their Governing Body, as the case may be, who has
authority to settle the Dispute.
2. Where practicable, neither Party shall be represented by the same individual
under it paragraphs 1.1 and 1.2.
Mediation
3. If the Parties are unable to settle the Dispute by negotiation, they must, within
5 Operational Days after the end of the Negotiation Period, submit the
Dispute:
3.1. to mediation arranged jointly by the NHSTDA and the Commissioner
where the Contractor is an NHS Trust; or
3.2. to mediation by CEDR or other independent body or organisation
agreed between the Parties in all other cases.
4. In the case of a mediation under paragraph 3.1:
4.1. during the mediation phase and before the mediation session, each
Party must submit to the mediator within 5 Operational Days of the
mediator’s request a signed position statement describing the
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precise points on which the Parties disagree, and describing its
solution to the Dispute;
4.2. where the mediator is satisfied that the nature of the Dispute has
been adequately documented in accordance with General Condition
4.1, the mediator will allow each Party 5 Operational Days in which
to comment to him in writing on the other Party’s solution to the
Dispute;
4.3. the mediator may, in their absolute discretion, require either Party to
clarify any aspects of its signed position statement and upon receipt
of that clarification, will forward the clarification to the other Party;
4.4. following distribution by the mediator of the signed position
statements and any clarification to the Parties, the mediator will
arrange a mediation session at a venue chosen by the mediator to
facilitate mediation and settlement of the Dispute. The mediation
session will be fixed for a date at least 10 Operational Days following
receipt by both Parties of the other Party’s signed position statement
and any clarification;
4.5. each Party must make an opening presentation of its position to the
other party and the mediator will then meet each of the Parties
separately for such time as the mediator considers appropriate and
will determine the procedure of the mediation session. Neither Party
will terminate its participation in the mediation session until after the
opening presentations have been given and the mediator has met
both Parties separately;
4.6. the Parties must keep confidential and not disclose or use for any
other purpose any information, whether given orally, in writing or
otherwise, arising out of or in connection with the mediation,
including the fact of any settlement and its terms, except for the fact
that the mediation is to take place or has taken place; and
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4.7. all information, whether oral, in writing or otherwise, arising out of or
in connection with the mediation will be inadmissible in any current or
subsequent litigation or other proceedings. This paragraph 4.7 will
not apply to any information which would in any event have been
admissible in any such proceedings.
4.8. Mediations under paragraph 3.2 must follow the mediation process
of CEDR or other independent body or organisation as agreed
between the Parties in accordance with clause 3.2.
Expert Determination
4.9. If the Parties are unable to settle the Dispute through mediation, the
Dispute must be referred to expert determination, by one Party
giving written notice to that effect to the other Party following closure
of the failed mediation. The Expert Determination Notice must
include a brief statement of the issue or issues which it is desired to
refer, the expertise required in the expert, and the solution sought.
4.10. If the Parties have agreed upon the identity of an expert and the
expert has confirmed in writing their readiness and willingness to
embark upon the expert determination, then that person will be
appointed as the Expert.
4.11. Where the Parties have not agreed upon an expert, or where that
person has not confirmed their willingness to act, then either Party
may apply to CEDR for the appointment of an expert. The request
must be in writing, accompanied by a copy of the Expert
Determination Notice and the appropriate fee and must be copied
simultaneously to the other Party. The other Party may make
representations to CEDR regarding the expertise required in the
expert. The person nominated by CEDR will be appointed as the
Expert.
4.12. The Party serving the Expert Determination Notice must send to the
Expert and to the other Party within 5 Operational Days of the
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appointment of the Expert a statement of its case, including a copy of
the Expert Determination Notice, the Contract, details of the
circumstances giving rise to the Dispute, the reasons why it is
entitled to the solution sought, and the evidence upon which it relies.
The statement of case must be confined to the issues raised in the
Expert Determination Notice.
4.13. The Party not serving the Expert Determination Notice must reply to
the Expert and to the other Party within 5 Operational Days of
receiving the statement of case, giving details of what is agreed and
what is disputed in the statement of case and the reasons why.
4.14. The Expert must produce a written decision with reasons within 30
Operational Days of receipt of the statement of case referred to in
paragraph 4.13, or any longer period as is agreed by the Party after
the Dispute has been referred.
4.15. The Expert will have complete discretion as to how to conduct the
expert determination, and will establish the procedure and timetable.
4.16. The Party must comply with any request or direction of the Expert in
relation to the expert determination.
4.17. The Expert must decide the matters set out in the Expert
Determination Notice, together with any other matters which the
Parties and the Expert agree are within the scope of the expert
determination. The Expert must send their decision in writing
simultaneously to both Parties. Within 5 Operational Days following
the date of the decision the Parties must provide the Expert and the
other Party with any requests to correct minor clerical errors or
ambiguities in the decision. The Expert must correct any minor
clerical errors or ambiguities at their discretion within a further 5
Operational Days and send any revised decision simultaneously to
the Parties in Dispute.
Classification: Official
221
4.18. The Parties must bear their own costs and expenses incurred in the
expert determination and are jointly liable for the costs of the Expert.
4.19. The decision of the Expert is final and binding, except in the case
of fraud, collusion, bias, or material breach of instructions on the part
of the Expert, in which case a Party will be permitted to apply to
Court for an Order that:
4.19.1. the Expert reconsider his decision (either all of it or part of
it); or
4.19.2. the Expert’s decision be set aside (either all of it or part of
it).
4.20. If a Party in Dispute does not abide by the Expert’s decision the
other Parties may apply to Court to enforce it.
4.21. All information, whether oral, in writing or otherwise, arising out of or
in connection with the expert determination will be inadmissible as
evidence in any current or subsequent litigation or other proceedings
whatsoever, with the exception of any information which would in any
event have been admissible or disclosable in any such proceedings.
4.22. The Expert is not liable for anything done or omitted in the discharge
or purported discharge of their functions, except in the case of fraud
or bad faith, collusion, bias, or material breach of instructions on the
part of the Expert.
4.23. The Expert is appointed to determine the Dispute or Disputes
between the Parties and the Expert’s decision may not be relied
upon by third parties, to whom the Expert shall have no duty of care.
Classification: Official
222
Schedule 11
Quality and Outcomes Framework – Indicators no longer in the
Quality and Outcomes Framework
Indicator ID Indicator Description
Clinical domain
CHD003 The percentage of patients with coronary heart disease whose last measured total cholesterol (measured in the preceding 12 months) is 5mmo/l or less
CKD002 The percentage of patients in the CKD register in whom the last blood pressure reading (measured in the preceding 12 months) is 140/85 mmHg or less
CKD004 The percentage of patients in the CKD register whose notes have a record of a urine albumin:creatinine ratio (or protein:creatinine ratio) test in the preceding 12 months
NM84 The percentage of patients on the CKD register with hypertension and proteinuria who are currently treated with renin-angiotensin system antagonists
DEP001 The percentage of patients aged 18 or over with a new diagnosis of depression in the preceding 1st April to 31st March, who have had a bio-psychosocial assessment by the point of diagnosis. The completion of the assessment is to be recorded on the same day as the diagnosis is recorded.
DM005 The percentage of patients with diabetes, on the register, who have a record of an albumin:creatinine ratio test in the preceding 12 months
DM011 The percentage of patients with diabetes, on the register, who have a record of retinal screening in the preceding 12 months
DM016 The percentage of male patients with diabetes, on the register, who have a record of erectile dysfunction with a record of advice and assessment of contributory factors and treatment options in the preceding 12 months
Classification: Official
223
EP002 The percentage of patients aged 18 or over on drug treatment for epilepsy who have been seizure free for the last 12 months recorded in the preceding 12 months
EP003 The percentage of women aged 18 or over and who have not attained the age of 55 who are taking antiepileptic who have a record of information and counselling about contraception, conception and pregnancy in the preceding 12 months
HYP003 The percentage of patients aged 79 or under with hypertension in whom the last blood pressure reading (measured in the preceding 9 months) is 140/90mmHg or less
HYP004 The percentage of patients with hypertension aged 16 or over and who have not attained the age of 75 in whom there is an assessment of physical activity, using, GPPAQ, in the preceding 12 months
HYP005 The percentage of patients with hypertension aged 16 or over and who have not attained the age of 75 who score 'less than active' on GPPAQ in the preceding 12 months, who also have a record of a brief intervention in the preceding 12 months
LD002 The percentage of patients in the learning disability register with Down's Syndrome aged 18 or over who have a record of blood TSH in the preceding 12 months (excluding those who are on the thyroid disease register)
MH004 The percentage of patients aged 40 or over with schizophrenia, bipolar affective disorder and other psychoses who have a record of total cholesterol:hdl ratio in the preceding 12 months
MH005 The percentage of patients aged 40 or over with schizophrenia, bipolar affective disorder and other psychoses who have a record of blood glucose or HbA1c in the preceding 12 months
MH006 The percentage of patients with schizophrenia, bipolar affective disorder and other psychoses who have a record of BMI in the preceding 12 months
PAD003 The percentage of patients with peripheral arterial disease in whom the last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less
RA003 The percentage of patients with rheumatoid arthritis aged 30 or over and who have not attained the age of 85 who have had a cardiovascular risk assessment using a CVD risk assessment tool
Classification: Official
224
adjusted for RA in the preceding 12 months
RA004 The percentage of patients aged 50 or over and who have not attained the age of 91 with rheumatoid arthritis who have had an assessment of fracture risk using a risk assessment tool adjusted for RA in the preceding 24 months
STIA004 The percentage of patients with stroke or TIA who have a record of total cholesterol in the preceding 12 months
STIA005 The percentage of patients with a stroke shown to be non-haemorrhagic, or a history of TIA whose last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less
THY001 The contractor establishes and maintains a register of patients with hypothyroidism who are currently treated with levothyroxine
THY002 The percentage of patients with hypothyroidism, on the register, with thyroid function tests recorded in the preceding 12 months
Public Health Domain
CVD-PP002 The percentage of patients diagnosed with hypertension (diagnosed after on or after 1st April 2009) who are given lifestyle advice in the preceding 12 months for smoking cessation, safe alcohol consumption and healthy diet
CON002 The percentage of women, on the register, prescribed an oral or patch contraception method in the preceding 12 months who have also received information from the contractor about long acting reversible methods of contraception in the preceding 12 months
SMOK001 The percentage of patients aged 15 or over whose roles record smoking status in the preceding 24 months.
