The National Health Service (Primary Medical Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

Amendment of Schedule 5

50.—(1) Schedule 5 (other contractual terms) is amended as follows.

(2) In paragraph 4 (attendance outside practice premises), in sub-paragraph (2)(b), for “the relevant body”, substitute “the Board”.

(3) In paragraph 5 (clinical reports)—

(a) in sub-paragraph (2)—

(i) omit “(other than a Primary Care Trust)”; and

(ii) for “the relevant body”, substitute “the Board”; and

(b) in sub-paragraph (3)—

(i) for “The relevant body”, substitute “The Board”; and

(ii) for paragraph (b), substitute—

“(b) if the person referred to in paragraph (a) is not known to the Board, to the Local Health Board, Health Board or Health and Social Services Board, in whose area the patient is resident.”.

(4) In paragraph 9A (supply of medicines etc. by contractors providing out of hours services)—

(a) in sub-paragraph (1)—

(i) omit the definition of “the Charges Regulations”; and

(ii) in the definition of “supply form”, for “a Primary Care Trust”, substitute “the Board”;

(b) in sub-paragraph (2), for “the relevant body”, substitute “the Board”; and

(c) for sub-paragraph (5)(a), substitute—

“(a) ask any person who makes a declaration that the patient does not have to pay any of the charges specified in regulations made under sections 172 (charges for drugs, medicines or appliances, or pharmaceutical services) and 174 (pre-payment certificates) of the 2006 Act in respect of dispensing services to a patient by virtue of either—

(i) entitlement to exemption under regulations made under those sections; or

(ii) entitlement to full remission of charges under regulations made under sections 182 (remission and repayment of charges) or 183 (payment of travelling expenses) of that Act,

to produce satisfactory evidence of such entitlement, unless at the time of the declaration such evidence is available to the out of hours performer; and”.

(5) In paragraph 10 (duty of co-operation), in sub-paragraph (2)(b), for “the relevant body” substitute “the Board”.

(6) In paragraph 11, for “the relevant body or by any person” to the end of that paragraph substitute “the Board or by any person with whom the Board intends to enter into an agreement for the provision of such services.”.

(7) In paragraph 12 (general provision), omit sub-paragraph (2).

(8) In paragraph 13 (list of patients), for “the Primary Care Trust”, substitute “the Board”.

(9) In paragraph 14 (application for inclusion in a list of patients), in sub-paragraphs (5) and (6), for “the Primary Care Trust”, substitute “the Board”.

(10) In paragraph 15 (temporary residents), in sub-paragraph (4) for “the Primary Care Trust”, substitute “the Board”.

(11) In paragraph 16 (refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident), in sub-paragraph (4) for “the Primary Care Trust”, substitute “the Board”.

(12) In paragraph 18 (removal from the list at the request of the patient), in sub-paragraphs (1) to (4), for “the Primary Care Trust”, in each place, substitute “the Board”.

(13) In paragraph 19 (removal from the list at the request of the contractor), in sub-paragraphs (1)(a), (3), and (6) to (9) for “the Primary Care Trust”, in each place, substitute “the Board”.

(14) In paragraph 20 (removals from the list of patients who are violent), in sub-paragraphs (1) and (4) to (7), for “the Primary Care Trust”, in each place, substitute “the Board”.

(15) In paragraph 21 (removals from the list of patients registered elsewhere)—

(a) for sub-paragraph (1), substitute—

“(1) The Board must remove a patient from the contractor’s list of patients if—

(a) that patient has subsequently been registered with another provider of essential services (or their equivalent) within England; or

(b) it has received notice from a Local Health Board, a Health Board or a Health and Social Services Board that the patient has subsequently been registered with a provider of essential services (or their equivalent) outside England.”; and

(b) in sub-paragraphs (2) and (3), for “the Primary Care Trust”, in each place, substitute “the Board”.

(16) In paragraphs 22 and 23 (removals from the list of patients who have moved), for “the Primary Care Trust”, in each place, substitute “the Board”.

(17) In paragraph 24 (removal from the list of patients absent from the United Kingdom etc), for “the Primary Care Trust”, in each place, substitute “the Board”.

(18) In paragraph 25 (removals from the list of patients accepted elsewhere as temporary residents)—

(a) in sub-paragraphs (1) and (2), for “the Primary Care Trust”, substitute “the Board”; and

(b) in sub-paragraph (3), for paragraph (b) substitute “the name, postal and email address of the Board”.

(19) In paragraph 26 (removals from a list of pupils etc. of a school), for “the Primary Care Trust”, substitute “the Board”.

(20) In paragraph 27 (termination of responsibility for patients not registered with the contractor), in sub-paragraph (4), for “the Primary Care Trust”, substitute “the Board”.

(21) In paragraph 28A (application for closure of list of patients)—

(a) in sub-paragraphs (1) to (5) and (7) to (12), for “the Primary Care Trust”, in each place, substitute “the Board”; and

(b) in paragraph (6)—

(i) for “the Primary Care Trust”, substitute “the Board”; and

(ii) for “its area” substitute “the area in which the contractor provides services under the agreement”.

(22) In paragraph 28B (approval of an application to close a list of patients)—

(a) in sub-paragraph (1)—

(i) for “the Primary Care Trust”, substitute “the Board”; and

(ii) for “its area” substitute “the area in which the contractor provides services under the agreement”; and

(b) in sub-paragraph (2)(a)(ii), for “the Primary Care Trust”, substitute “the Board”.

(23) In paragraph 28C (rejection of an application to close a list of patients)—

(a) in sub-paragraph (1)—

(i) for “a Primary Care Trust”, substitute “the Board”; and

(ii) in paragraph (b), for “its area”, substitute “the area in which the contractor provides services under the agreement”; and

(b) in sub-paragraph (2), for “a Primary Care Trust” and “the Primary Care Trust”, substitute “the Board”.

(24) In paragraph 28D (application for an extension of a closure period)—

(a) in sub-paragraphs (2) to (7), (9) and (11), for “the Primary Care Trust”, in each place, substitute “the Board”;

(b) in sub-paragraph (8)—

(i) for “the Primary Care Trust”, substitute “the Board”; and

(ii) in paragraph (b), for “its area” substitute “the area in which the contractor provides services under the agreement”; and

(c) in sub-paragraph (10)—

(i) for “a Primary Care Trust”, substitute “the Board”; and

(ii) in paragraph (b), for “its area” substitute “the area in which the contractor provides services under the agreement”.

(25) In paragraph 28E (re-opening of list of patients), for “a Primary Care Trust”, substitute “the Board”.

(26) In paragraph 31 (assignment of patients to lists: open lists)—

(a) in sub-paragraph (1), for “A Primary Care Trust”, substitute “The Board”;

(b) for sub-paragraph (2), substitute—

“(2) In this paragraph and paragraphs 32, and 34 to 36, a “new patient” means a person who—

(a) has been refused inclusion in a list of patients or has not been accepted as a temporary resident by a contractor; and

(b) wishes to be included in the list of patients of a contractor in whose area (as specified in accordance with regulation 11(1A)) that person resides.”

(27) In paragraph 32 (assignment of patients to lists: closed lists)—

(a) in sub-paragraph (1), for “A Primary Care Trust”, substitute “The Board”; and

(b) for sub-paragraph (2), substitute—

“(2) The Board may, subject to paragraph 33, assign a new patient to a contractor which has closed its list of patients, if—

(a) the assessment panel has determined under paragraph 34(7) that patients may be assigned to the contractor in question, and that determination has not been overturned either by a determination of the Secretary of State under paragraph 35(13) or (where applicable) by a court; and

(b) the Board has entered into discussions with the contractor in question regarding the assignment of a patient if such discussions are required under paragraph 36.”.

(28) For paragraph 33 (factors relevant to assignments), substitute—

“33.   In making an assignment to a contractor under paragraph 31 or 32, the Board must have regard to—

(a) the wishes and circumstances of the patient to be assigned;

(b) the distance between the patient’s place of residence and the contractor’s practice premises;

(c) any request made by any contractor to remove the patient from its list of patients within the preceding period of 6 months starting on the date on which the application for assignment is received by the Board;

(d) whether, during the preceding period of 6 months starting on the date on which the application for assignment is received by the Board, the patient has been removed from a list of patients on the grounds referred to in—

(i) paragraph 19 (removals from the list at the request of the contractor);

(ii) paragraph 20 (removals from the list of patients who are violent); or

(iii) the equivalent provisions to those paragraphs in relation to arrangements made under section 83(2) of the 2006 Act or under a contract made in accordance with the General Medical Services Contracts Regulations;

(e) in a case to which sub-paragraph (d)(ii) applies (or the equivalent provisions as mentioned in sub-paragraph (d)(iii) apply), whether the contractor has appropriate facilities to deal with such patients; and

(f) such other matters as the Board considers relevant.”.

(29) For paragraph 34 (assignments to closed lists: determinations of the assessment panel), substitute—

“34.— (1) If the Board wishes to assign new patients to contractors which have closed their lists of patients, it must prepare a proposal to be considered by the assessment panel.

(2) The Board must notify in writing—

(a) contractors, including those contractors who provide primary medical services under arrangements made under section 83(2) of the 2006 Act or under a contract made in accordance with the General Medical Services Contracts Regulations, which—

(i) have closed their lists of patients; and

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

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

that it has referred the matter to the assessment panel.

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

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

(a) a member of the Board who is a director;

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

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

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

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

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

(6) The assessment panel must reach a determination within a period of 28 days starting on the date on which the assessment panel was appointed.

(7) The assessment panel—

(a) must determine whether the Board may assign patients to a contractor which has a closed list of patients; and

(b) if it so determines that the Board may make such an assignment, must determine in the case where there is more than one contractor, those contractors to which patients may be assigned.

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

(9) The assessment panel’s determination must include its comments on the matters referred to in sub-paragraph (5), and must be notified in writing to those contractors referred to in sub-paragraph (2)(a).”(1).

(30) In paragraph 35 (assignment to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel), in sub-paragraphs (1), (13) and (16)(b), for “the Primary Care Trust”, in each place, substitute “the Board”.

(31) In paragraph 36 (assignments to closed lists: assignments of patients), for sub-paragraph (1), substitute—

“36.— (1) Before the Board may assign a new patient to a contractor, it must, subject to paragraph (3), enter into discussions with the contractor regarding additional support that the Board can offer the contractor and the Board must use its best endeavours to provide appropriate support.”.

(32) In paragraph 38 (prescribing)—

(a) in sub-paragraph (1B), for paragraph (a), substitute—

“(a) the Secretary of State or the Board has made arrangements for the distribution of a listed medicine free of charge; and”;

(b) in sub-paragraph (1C)—

(i) for paragraph (a), substitute—

“(a) the Secretary of State or the Board has made arrangements for the distribution of a listed medicine free of charge;” and

(ii) in paragraph (c), for “Primary Care Trust”, substitute “the Board”; and

(c) in sub-paragraphs (6)(c)(ii) and (7)(c)(ii), for “ETP service” substitute “Electronic Prescription Service”.

(33) In paragraph 38A (electronic prescriptions)—

(a) in sub-paragraph (1)—

(i) for paragraph (a), substitute—

“(a) the Board authorises the contractor to use the Electronic Prescription Service;”; and

(ii) in paragraph (b), omit “in his NHS Care Record”; and

(b) in sub-paragraph (3)(a), for “the Primary Care Trust”, substitute “the Board”.

(34) In paragraph 38B (nomination of dispensers for the purpose of electronic prescriptions)—

(a) in sub-paragraph (1), for “operates the ETP service for its patients shall, if requested to do so by the patient, enter in that Patient’s NHS Care Record”, substitute—

“is authorised to use the Electronic Prescription Service for its patients must enter into the particulars relating to that patient which is held in the Patient Demographic Service which is operated by the Information Centre for Health and Social Care,”;

(b) in sub-paragraph (2), for “ETP service”, substitute “Electronic Prescription Service”; and

(c) in sub-paragraph (4)(b), for “an ETP service” to the end, substitute “an Electronic Prescription Service as given to the contractor by the Board”.

(35) In paragraph 39 (repeatable prescribing services)—

(a) in sub-paragraph (1)(b), substitute—

“(b) has notified the Board of its intention to provide repeatable prescribing services in accordance with sub-paragraphs (3) and (4).”;

(b) in sub-paragraph (2)(d) for “in an area of the Primary Care Trust”, substitute “in the Local Authority area”;

(c) in sub-paragraph (7), for “the Primary Care Trust under regulation 48 of the Pharmaceutical Regulations” substitute “the Board in accordance with arrangements made under section 126 (arrangements for pharmaceutical services) and section 129 (regulations as to pharmaceutical services) of the 2006 Act.”; and

(d) in sub-paragraph (8)(b), insert immediately before “a legal and beneficial”, “both”.

(36) In paragraph 40 (repeatable prescriptions)—

(a) in sub-paragraph (2)(b)(i)—

(i) for “the ETP service”, substitute “the Electronic Prescription Service”; and

(ii) omit “in the person’s NHS Care Record”; and

(b) in sub-paragraph (3)—

(i) for “the ETP service”, substitute “the Electronic Prescription Service”; and

(ii) omit “in that person’s NHS Care Record”.

(37) In paragraph 41 (restrictions on prescribing by medical practitioners), in sub-paragraph (2)(c)(ii), for “the Primary Care Trust”, substitute “the Board”.

(38) In paragraph 42 (restrictions on prescribing by supplementary prescribers), in sub-paragraph (2)(d)(iii), for “the Primary Care Trust”, substitute “the Board”.

(39) In paragraph 44 (excessive prescribing), for sub-paragraph (2), substitute—

“(2) In considering whether a contractor has breached its obligations under sub-paragraph (1), the Board may, if the contractor consents, seek the views of the Local Medical Committee (if any) for the area in which the contractor provides services under the agreement.”.

(40) In paragraph 53 (qualifications of performers)—

(a) in sub-paragraph (1), for paragraph (a), substitute—

“(a) included in the medical performers list;”;

(b) in sub-paragraph (2)(c)—

(i) for “a Primary Care Trust”, substitute “the Board”;

(ii) in paragraph (i), for “the Primary Care Trust” substitute “the Board”; and

(iii) for paragraph (ii), substitute—

“(ii) the end of a period of 3 months, starting with the date on which that GP Registrar begins a postgraduate medical education and training scheme necessary for the award of a Certificate of Completion of Training awarded under section 34L(1) (award and withdrawal of a Certificate of Completion of Training) of the Medical Act 1983;”(2);

(c) in sub-paragraph (2)(d)—

(i) for paragraph (iii), substitute—

“(iii) has notified the Board that he will be undertaking part or all of a postgraduate programme in England at least 24 hours before commencing any part of that programme; and”; and

(ii) in paragraph (iv), for “the Primary Care Trust”, substitute “the Board”; and

(d) omit sub-paragraph (3).

(41) In paragraph 57 (conditions for employment and engagement)—

(a) for sub-paragraph (1)(a), substitute—

“(a) that practitioner has provided it with documentary evidence that the practitioner is on the medical performers list; and”; and

(b) for sub-paragraph (3)(a), substitute—

“(a) the GP Registrar has provided documentary evidence of the GP Registrar’s application to the Board for inclusion on the medical performers list; and”.

(42) In paragraph 63 (arrangements for GP Registrars), for sub-paragraph (3), substitute—

“(3) A contractor which employs a GP Registrar must offer terms of employment in accordance with the rates and subject to the conditions contained in directions given by the Secretary of State under sections 7 and 8 of the 2006 Act to Health Education England.”(3).

(43) For—

(a) the heading to paragraph 65 and for sub-paragraphs (1) to (3) of paragraph 65 (independent nurse prescribers, pharmacist independent prescribers and supplementary prescribers), substitute—

“Notification requirements in respect of specified prescribers

65.— (1) Where—

(a) a contractor employs or engages a person who is specified in sub-paragraph (3) whose functions will include prescribing;

(b) a party to the agreement is a person who is specified in sub-paragraph (3); or

(c) the functions of a person who is a person specified in sub-paragraph (3) and is a person whom the contractor already employs or has already engaged are extended to include prescribing,

the contractor must notify the Board in writing within a period of 7 days starting on the date on which the contractor employed or engaged the person, the party to the agreement (unless immediately before becoming such a party, the person fell under paragraph (a)), or the person’s functions were extended.

(2) Where—

(a) a contractor ceases to employ or engage a person who is specified in sub-paragraph (3) whose functions will include prescribing in its practice;

(b) a party to the agreement who is a person who is specified in sub-paragraph (3) ceases to be a party to the agreement;

(c) the functions of a person who is a person specified in sub-paragraph (3) and whom the contractor employs or engages in its practice are changed so that the functions no longer include prescribing in its practice, or

(d) the contractor becomes aware that a person who is specified in sub-paragraph (3) whom it employs or engages has been removed or suspended from the relevant register,

the contractor must notify the Board by the end of the second working day after the day on which the event occurred.

(3) The specified persons are—

(a) a chiropodist or podiatrist independent prescriber;

(b) an independent nurse prescriber;

(c) a pharmacist independent prescriber;

(d) a physiotherapist independent prescriber; and

(e) a supplementary prescriber.”; and

(b) for “the relevant body” in paragraph 65(4) and (5), substitute “the Board”.

(44) In paragraph 68 (appraisal and assessment)—

(a) in sub-paragraph (1)—

(i) for paragraph (a), substitute—

“(a) participates in the appraisal system provided by the Board, unless that contractor participates in an appropriate appraisal system provided by another health service body or is an armed forces GP; and”; and

(ii) for paragraph (b), substitute—

“(b) co-operates with the Board in relation to the Board’s patient safety functions.”(4).

(b) for sub-paragraph (2), substitute—

“(2) The Board must provide an appraisal system for the purposes of sub-paragraph (1)(a) after consultation with the Local Medical Committee (if any) which is formed for the area in which the contractor provides services under the agreement and with such other persons as appear to it to be appropriate.”.

(45) In paragraph 69 (sub-contracting of clinical matters) in sub-paragraph (2), for “the relevant body”, in each place, substitute “the Board”.

(46) In paragraph 70 (patient records)—

(a) in sub-paragraphs (3) and (7)—

(i) omit “(other than a Primary Care Trust)”; and

(ii) for “the relevant body”, in each place, substitute “the Board”;

(b) in sub-paragraph (6)—

(i) omit “(other than the Primary care Trust)”; and

(ii) for “the relevant body”, in each place, substitute “the Board”;

(c) in sub-paragraphs (5), (8) and (9) for “the relevant body”, in each place, substitute “the Board”.

(47) In paragraph 73 (provision of information)—

(a) for sub-paragraphs (1) and (2), substitute—

“(1) Subject to sub-paragraph (2), the contractor must, at the request of the Board, produce to it or to a person authorised in writing by the Board, or allow it, or a person authorised by it to access—

(a) any information which is reasonably required by the Board for the purposes of or in connection with the agreement; and

(b) any other information which is reasonably required by it in connection with the Board’s functions.

(2) The contractor is not required to comply with any request made in accordance with sub-paragraph (1) unless it has been made by the Board in accordance with directions made by the Secretary of State under section 98A (exercise of functions) of the 2006 Act relating to the provision of information by contractors.”; and

(b) in sub-paragraph (3)(a), for “the relevant body”, substitute “the Board”.

(48) In paragraph 75 (inquiries about prescriptions and referrals)—

(a) in sub-paragraph (1)—

(i) omit “(other than a Primary Care Trust)”; and

(ii) for “the relevant body”, substitute “the Board”; and

(b) in sub-paragraphs (2) and (3), for “the relevant body”, in each place, substitute “the Board”.

(49) In paragraph 77 (annual return and review)—

(a) in sub-paragraph (1)—

(i) for “the relevant body”, substitute “the Board”; and

(ii) for “that body”, substitute “it”; and

(b) in sub-paragraphs (1A), (1B), (2) and (3), for “the relevant body”, in each place, substitute “the Board”.

(50) For—

(a) the heading to paragraph 78 and in paragraph 78 (notifications to the relevant body), for “the relevant body”, in each place, substitute “the Board”;

(b) “the relevant body’s” in paragraph 78(b), substitute “the Board’s”; and

(c) “a Primary Care Trust” in paragraph 78(c) and (d), substitute “the Board”.

(51) Omit paragraph 79.

(52) In paragraph 80 (notice provisions specific to an agreement with a qualifying body), in sub-paragraph (1) for “the relevant body”, substitute “the Board”.

(53) In paragraph 81 (notification of deaths)—

(a) in sub-paragraph (1), for “the relevant body”, substitute “the Board”; and

(b) omit sub-paragraphs (3) and (4).

(54) In paragraph 82 (notifications to patients following variation of the agreement), for “the relevant body, or where the relevant body is a Strategic Health Authority, the contractor” substitute “the Board”.

(55) In the heading to paragraph 83 and in paragraph 83(1) (entry and inspection by the relevant body), for “the relevant body”, substitute “the Board”.

(56) In paragraph 85 (entry and inspection by the Care Quality Commission), omit “(other than a Primary Care Trust)”.

(57) Omit paragraph 85A and after paragraph 85 (entry and inspection by the Care Quality Commission) insert—

“Entry and viewing by Local Healthwatch organisations

85B.   The contractor must comply with the requirement to allow an authorised representative to enter and view premises and observe the carrying-on of activities on those premises in accordance with regulations made under section 225 (duties of services-providers to allow entry by Local Healthwatch organisations or contractors) of the Local Government and Public Involvement Health Act 2007.”(5).

(58) In paragraph 86 (complaints procedure), omit paragraph (3).

(59) In paragraph 91 (co-operation with investigations)—

(a) in sub-paragraph (1)—

(i) omit “(other than a Primary Care Trust”); and

(ii) for paragraph (a), substitute “(a) the Board; and”;

(b) in sub-paragraph (3), in the definition of “NHS body”—

(i) for “a Primary Care Trust”, substitute “the Board, a CCG”; and

(ii) omit “a Strategic Health Authority,”; and

(c) in sub-paragraph (4), for “the relevant body”, in each place, substitute “the Board”.

(60) In paragraph 93 (local resolution of agreement disputes), in sub-paragraph (1), for “the relevant body”, substitute “the Board”.

(61) In paragraph 94 (dispute resolution: non-NHS contracts) in sub-paragraph (1), for “the relevant body”, in each place, substitute “the Board”.

(62) In paragraph 98 (variation of an agreement: general), for “the relevant body”, in each place, substitute “the Board”.

(63) In paragraph 99 (termination by agreement), for “The relevant body”, substitute “The Board”.

(64) In paragraph 99A (termination on death) for “the Primary Care Trust”, in each place, substitute “the Board”.

(65) In paragraph 100 (termination by serving notice), in sub-paragraphs (1) and (4), for “the relevant body”, substitute “the Board”.

(66) In paragraph 101 (late payment notices), in sub-paragraphs (1) to (3), in each place, for “the relevant body”, in each place, substitute “the Board”.

(67) In the heading to paragraph 104 and in paragraph 104 (termination by the relevant body for the provision of untrue etc. information), for “the relevant body”, in each place, substitute “the Board”.

(68) The heading to paragraph 105 and paragraph 105 (termination by the relevant body on fitness grounds) are amended as follows—

(a) in the heading to paragraph 105 and in sub-paragraph (1) of paragraph 105 , for “the relevant body”, substitute “the Board”;

(b) in sub-paragraph (1)(b)(ii), immediately before “legally and beneficially” insert “both”;

(c) in sub-paragraph (3)—

(i) in paragraph (c), for “the relevant body”, substitute “the Board”;

(ii) in paragraph (d), for “section 49F(2), (3) and (4) respectively”, substitute “section 151(2), (3) and (4) of the 2006 Act respectively”;

(d) in sub-paragraph (4)—

(i) for “A relevant body”, substitute “The Board”;

(ii) for “the relevant body”, substitute “the Board”; and

(iii) in paragraph (b)(i), immediately before “legally and beneficially” insert “both”;

(e) in sub-paragraph (5)—

(i) for “A relevant body”, substitute, in each place, “The Board”; and

(ii) for “the relevant body”, substitute “the Board”; and

(f) in sub-paragraph (6)—

(i) for “A relevant body”, substitute “The Board”;

(ii) for “the relevant body”, substitute “the Board”; and

(iii) in paragraph (b)(i), immediately before “legally and beneficially” insert “both”.

(69) In the heading to paragraph 106 and in paragraph 106 (termination by the relevant body where there is a serious risk to the safety of patients or risk of financial loss to the relevant body), for “the relevant body”, in each place, substitute “the Board”.

(70) In—

(a) the heading to paragraph 106A and in paragraph 106A (termination by the relevant body for unlawful sub-contracting) for “the relevant body”, in each place, substitute “the Board”; and

(b) paragraph 106A, for “the relevant body’s”, substitute “the Board’s”.

(71) In—

(a) the heading to paragraph 107 and in sub-paragraphs (1) to (3) and (5) to (8) of paragraph 107 (termination by the relevant body: remedial notices and breach notices) for “the relevant body”, in each place, substitute “the Board”; and

(b) sub-paragraph (4) of paragraph 107—

(i) for “a relevant body”, substitute “the Board”; and

(ii) for “the relevant body”, substitute, in each place, “the Board”.

(72) In the heading to paragraph 108 and in paragraph 108 (termination by the relevant body: additional provisions specific to agreements with qualifying bodies), for “the relevant body”, in each place, substitute “the Board”.

(73) In paragraph 109 (agreement sanctions)—

(a) in sub-paragraph (2)—

(i) for “the relevant body”, in each place, substitute “the Board”; and

(ii) for “the relevant body’s” substitute “the Board’s”; and

(b) in sub-paragraphs (3) to (5), for “the relevant body”, in each place, substitute “the Board”.

(74) In paragraph 110 (agreement sanctions and the NHS dispute resolution procedure), for “the relevant body”, in each place, substitute “the Board”.

(75) In paragraph 111 (termination and the NHS dispute resolution procedure) in sub-paragraphs (1) to (3) and (5), for “the relevant body”, in each place, substitute “the Board”.

(76) For paragraph 112A (clinical governance), substitute—

“112A.   The contractor must co-operate with the Board in the discharge of any obligations of the Board or its accountable officers under section 17 (accountable officers and their responsibilities as to controlled drugs) and section 18 (co-operation between health bodies and other organisations) of the Health Act 2006.”.

(77) Immediately after paragraph 112A, insert—

“Duty as to education and training

112B.   The contractor must co-operate with the Secretary of State in the discharge of the duty under section 1F of the 2006 Act (duty as to education and training), or co-operate with Health Education England where Health Education England is discharging that duty by virtue of a direction under section 7.”.

(78) In paragraph 115 (compliance with legislation and guidance), for sub-paragraph (b) substitute—

“(b) have regard to all relevant guidance issued by the Board or the Secretary of State or Local Authorities in respect of the exercise of their functions under the 2006 Act.”.

(79) In paragraph 117 (gifts)—

(a) in sub-paragraph (2)(b)(i), immediately before “legally and beneficially” insert “both”; and

(b) in sub-paragraph (6), for “the relevant body”, substitute “the Board”.

(1)

See section 222(2A) (arrangements under section 221(1)) of the Local Government and Public Involvement in Health Act 2007 (c.28) for the meaning of a Local Healthwatch organisation.

(2)

1983 (c.54). Section 34L is inserted by article 4 of, and paragraph 10 of Schedule 1 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I.2010/234).

(3)

Health Education England is established by the Health Education (Establishment and Constitution) Order 2012 (S.I 2012/1273). Section 7 is amended by section 21 of the 2012 Act. Section 8 is amended by section 55 of, and paragraph 5 of Schedule 4 to, the 2012 Act.

(4)

See section 13R (information on safety of services provided by the health service) of the 2006 Act. Section 13R is inserted section 23(1) of the 2012 Act.

(5)

2007 c.28. Section 225 is amended by section 186(6) to (11) of, and paragraphs 148 and 151 of Schedule 5 and paragraphs 103 and 106 of Schedule 14 to, the 2012 Act.