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

Contract sanctions E+W

72.—(1) In this paragraph and in paragraph 73, “ contract sanction” means—

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

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

(c) withholding or deducting monies otherwise payable under the contract.

(2) Where [F1 NHS England] is entitled to terminate the contract under paragraphs 66, 67, 68, 69 70(4) or (6) or 71, it may instead impose any of the contract sanctions if [F1 NHS England] is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to [F1 NHS England's] entitlement to terminate the contract.

(3) [F1 NHS England] may not, under sub-paragraph (2), impose any contract sanction that has the effect of terminating or suspending any obligation to provide, or any obligation that relates to, essential services.

(4) If [F1 NHS England] decides to impose a contract sanction, [F1 NHS England] must—

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

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

(5) Subject to paragraph 73 [F1 NHS England] may not impose the contract sanction until the end of a period of at least 28 days beginning with the date on which [F1 NHS England] gives notice to the contractor under sub-paragraph (4) unless [F1 NHS England] is satisfied that it is necessary to do so in order to protect—

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

(b) itself from material financial loss.

(6) Where [F1 NHS England] imposes a contract sanction, [F1 NHS England] may charge the contractor the reasonable costs of any additional administration that [F1 NHS England] has incurred in order to impose, or as a result of imposing, the contract sanction.

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1