The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2022

Statutory Instruments

2022 No. 404

National Health Service, England

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2022

Made

29th March 2022

Laid before Parliament

30th March 2022

Coming into force

27th April 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 89(1), 94(1) and 272(7) and (8) of the National Health Service Act 2006(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2022.

(2) These Regulations come into force on 27th April 2022.

(3) These Regulations extend to England and Wales.

Amendment of the National Health Service (General Medical Services Contracts) Regulations 2015

2.—(1) The National Health Service (General Medical Services Contracts) Regulations 2015(2) are amended as follows.

(2) In regulation 27A⸻

(a) in paragraph (3)⸻

(i) in sub-paragraph (b), at the beginning insert “subject to sub-paragraph (ba),”;

(ii) after sub-paragraph (b), insert⸻

“(ba) the financial year ending on 31st March 2021 is not a relevant financial year;”;

(iii) in sub-paragraph (c), omit paragraph (ii);

(b) in paragraph (4), for “subsequent” substitute “any other relevant”;

(c) in paragraph (5), omit the words from “(this means” to the end.

Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2015

3.—(1) The National Health Service (Personal Medical Services Agreements) Regulations 2015(3) are amended as follows.

(2) In regulation 21A—

(a) in paragraph (3)⸻

(i) in sub-paragraph (b), at the beginning insert “subject to sub-paragraph (ba),”;

(ii) after sub-paragraph (b), insert⸻

“(ba) the financial year ending on 31st March 2021 is not a relevant financial year;”;

(iii) in sub-paragraph (c), omit paragraph (ii);

(b) in paragraph (4), for “subsequent” substitute “any other relevant”;

(c) in paragraph (5), omit the words from “(this means” to the end.

Signed by the authority of the Secretary of State for Health and Social Care

Maria Caulfield

Parliamentary Under-Secretary of State,

Department of Health and Social Care

29th March 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

The GMS Regulations and the PMS Regulations are amended to remove the requirement for general medical services contracts and personal medical services agreements to contain provision obliging contractors and sub-contractors to make disclosures about their NHS earnings for the financial year 2020-2021 by 30th April 2022.

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

(1)

2006 c. 41. “Prescribed” and “regulations” are defined in section 275 of the National Health Service Act 2006 (“the Act”). The powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England, by virtue of 271(1) of the Act.

(2)

S.I. 2015/1862. Regulation 27A was inserted by S.I. 2021/995, Schedule 1, paragraph 1.

(3)

S.I. 2015/1879. Regulation 27A was inserted by S.I. 2021/995, Schedule 2, paragraph 1.