- adjudicator
means the Secretary of State or a person or persons appointed by the Secretary of State under section 9(8) of the Act (NHS contracts) or under regulation 76(5)(b);
- adult social care services
means services provided pursuant to the exercise of the adult social services functions of a local authority in England;
- adult social services functions
means social services functions within the meaning of section 1A of the Local Authority and Social Services Act 1970 so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies;
- advanced electronic signature
means an electronic signature which meets the following requirements— (a) it is uniquely linked to the signatory;
- Advice and Guidance
means arrangements established by NHS England to enable contractors to obtain consultant-led clinical advice about the management of a patient for the purpose of informing clinical decision making in relation to a referral;
- agreement
includes any agreement to which the 2004 Regulations applied immediately before the commencement date under which medical services were provided before 1st January 2005 (whether or not such services continued to be provided after that date);
- agreement sanction
means—
- any dispute arising out of or in connection with the agreement
includes any dispute arising out of or in connection with the termination of the agreement.
- appliance
means 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 Act (arrangements for pharmaceutical services);
- appliances
includes contraceptive appliances.
- appointment book
means a capability provided by the contractor’s computerised clinical systems and software supplier which supports the administration, scheduling, resourcing and reporting of appointments.
- appropriate cover
means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the agreement, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;
- armed forces GP
means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown;
- 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;
- assessment panel
means the panel appointed by NHS England for the purposes of making determinations under paragraph 40(3) of Schedule 2;
- authorised vaccine
means a medicinal product— (a) authorised for supply in the United Kingdom in accordance with a marketing authorisation, or (b) authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 (supply in response to spread of pathogenic agents etc), for vaccination against coronavirus;
- bank holiday
means any day that is specified or proclaimed as a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971 (bank holidays);
- batch issue
means a form, in the format required by NHS England and approved by the Secretary of State, which— (a) is issued by a repeatable prescriber at the same time as a non-electronic repeatable prescription to enable a chemist or person who provides dispensing services to receive payment for the provision of repeat dispensing services;
- CCT
means a certificate of completion of training awarded under section 34L(1) of the Medical Act 1983 (award and withdrawal of a Certificate of Completion of Training)...;
- charity trustee
means one of the persons having the general control, management and administration of a charity;
- chemist
means— (a) a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 (general provisions);
- child
means— (a) a natural child, (b) an adopted child, or (c) a step-child;
- chiropodist or podiatrist independent prescriber
means a person who— (a) is engaged or employed by a party to the agreement;
- 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 the provision of a remote service or patient attendance and treatment at practice premises including referrals made by letter or by any other means;
- clinical management plan
means a written plan (which may be amended from time to time) relating to the treatment of an individual patient agreed by—
- clinical services
means medical services under the agreement which relate to the actual observation and treatment of patients;
- complete course
means the course of treatment appropriate to the patient's condition, being the same as the amount that would have been prescribed if the patient had been seen during core hours;
- computerised records
means records created by way of entries on a computer.
- contract of engagement
means a contract of employment or other agreement under which a jobholder is engaged;
- contractor
includes a person with whom NHS England is proposing to enter into an agreement.
- controlled drugs
has 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);
- core hours
means, subject to regulation 3A(1), the period beginning at 8.00am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;
- coronavirus
means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
- digital practice area map
means a map of the practice area produced on digital tools provided by NHS England;
- directly bookable appointment
means an appointment of a type which, in line with the guidance entitled “Directly bookable appointments – guidance for practices” issued by NHS England, is available for booking by a registered patient or an appropriate person on their behalf;
- Directory of Services
means the national directory of services provided as part of the health service in England, managed by NHS England.
- dispenser
means a chemist, medical practitioner or contractor whom a patient would like to dispense the patient's electronic prescriptions;
- dispensing services
means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a medical practitioner in accordance with arrangements under section 126 (arrangements for pharmaceutical services) and section 132 (persons authorised to provide pharmaceutical services) of the Act;
- Drug Tariff
means the publication known as the Drug Tariff which is published by the Secretary of State and which is referred to in section 127(4) of the Act (arrangements for additional pharmaceutical services);
- drugs
includes contraceptive substances and a reference to “appliances” includes contraceptive appliances.
- electronic communication
has the meaning given in section 15 of the Electronic Communications Act 2000 (general interpretation);
- electronic prescription
means an electronic prescription form or an electronic repeatable prescription;
- electronic prescription form
means a prescription form which falls within paragraph (b) of the definition of “prescription form”;
- Electronic Prescription Service
means the service of that name which is managed by NHS England;
- electronic repeat dispensing
means dispensing as part of pharmaceutical services or local pharmaceutical services which involves the provision of drugs, medicines or appliances accordance with an electronic repeatable prescription.
- electronic repeatable prescription
means a prescription which falls within paragraph (b) of the definition “repeatable prescription”;
- electronic signature
means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign;
- electronic signature creation data
means unique data which is used by the signatory to create an electronic signature;
- English health service medicine
means a medicinal product used to any extent for the purposes of the health service continued under section 1(1) of the Act;
- essential services
means the services required to be provided in accordance with regulation 17 of the General Medical Services Contracts Regulations;
- financial year
has the meaning given in section 275(1) of the Act (interpretation);
- Friends and Family Test
means the arrangements that a contractor which provides essential services is required by NHS England to implement to enable its patients to provide anonymous feedback about the patient experience at the contractor's practice.
- general medical practitioner
means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council under section 2 of the Medical Act 1983 (registration of medical practitioners);
- General Medical Services Contracts Regulations
means the National Health Service (General Medical Services Contracts) Regulations 2015;
- geographical number
means a number which has a geographical area code as its prefix;
- Health and Social Services Board
means a Health and Social Services Board established under article 16 the Health and Social Services (Northern Ireland) Order 1972 (establishment of Health and Social Services Boards);
- Health and Social Services Trust
means a Health and Social Services Trust established under article 10 of the Health and Personal Services (Northern Ireland) Order 1991 (ancillary services);
- Health Board
means a Health Board established under section 2 of the National Health Service (Scotland) Act 1978 (Health Boards);
- health care professional
has the meaning given in section 108 of the Act (participants in section 107 arrangements) and “health care profession” is to be construed accordingly;
- health check
means a consultation undertaken by the contractor in the course of which the contractor must make such inquiries and undertake such examinations of the patient as appear to it to be appropriate in all the circumstances.
- health service body
has the meaning given in section 9(4) of the Act (NHS contracts);
- Health Service Commissioner
means the person appointed as Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993 (The Commissioner).
- home oxygen order form
means a form provided by NHS England and issued by a health care professional to authorise a person to supply home oxygen services to a patient requiring oxygen therapy at home;
- home oxygen services
means any of the following forms of oxygen therapy or supply— (a) ambulatory oxygen supply;
- immediate family member
means— (a) a spouse or civil partner;
- indemnity arrangement
means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;
- independent nurse prescriber
means a person— (a) who is either engaged or employed by the contractor or who is a party to the agreement;
- integrated care board
means an integrated care board established under Chapter A3 of Part 2 of the Act;
- integrated care provider
means a person, other than a person specified in paragraph 3(3), who is party to an integrated care provider contract;
- integrated care provider contract
has the meaning given in paragraph 3.
- jobholder
means— (a) an individual employed by a relevant person;
- licensing body
means a body that licenses or regulates a profession;
- list application
means an application under paragraph 31D or 31F;
- list dispersal
means the allocation of patients from a contractor’s list of patients by NHS England following termination of the contract or during the period set out in the notice of termination or agreement to terminate.
- listed prescription items
means the prescription items mentioned in regulation 13(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (exemption from charges: risks to public health);
- listed prescription items voucher
means a form which— (a) is provided or approved by NHS England for the purposes of ordering a prescription item mentioned in regulation 13(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
- local arrangement
means an arrangement between the contractor and NHS England as to the timeframe within which appointments not booked by NHS 111 can be released for booking by the contractor’s registered patients;
- local authority
means— (a) a local authority within the meaning of section 1 of the Local Authority Social Services Act 1970 (local authorities);
- Local Health Board
means a body established under section 11 of the National Health Service (Wales) Act 2006 (Local Health Boards);
- Local Medical Committee
means a committee recognised by NHS England under section 97 of the Act (local medical committees);
- locum practitioner
has the meaning given in Schedule 15 to the National Health Service Pension Scheme Regulations 2015;
- Lung Cancer Screening Programme
means the national programme arranged by NHS England of lung health checks for the purpose of detecting and diagnosing lung cancer, for persons identified by NHS England as recommended for such checks.
- medical officer
means a medical practitioner who is— (a) employed or engaged by the Department for Work and Pensions;
- medical performers list
means the list of medical practitioners maintained and published by NHS England in accordance with section 91 of the Act (persons performing medical services);
- medical purposes
has the meaning given for the purposes of section 251 of the Act.
- Medical Register
means the registers kept under section 2 of the Medical Act 1983 (registration of medical practitioners);
- national disqualification
means— (a) a decision made by the First-tier Tribunal under section 159 of the Act (national disqualification) or under regulations corresponding to that section made under— (i) section 91(3) of the Act (persons performing primary medical services), (ii) section 106(3) of the Act (persons performing primary dental services), (iii) section 123(3) of the Act (persons performing primary ophthalmic services), and (iv) section 145, 146 or 147A (performers of pharmaceutical services and assistants), of the Act;
- necessary drugs, medicines and appliances
means those drugs, medicines and appliances which the patient requires and for which, in the reasonable opinion of the contractor having regard to the patient's medical condition, it would not be reasonable in all the circumstances for the patient to wait to obtain them;
- nominated dispenser
means a chemist, medical practitioner or contractor who has been nominated in respect of a patient where the details of that nomination are held in respect of that patient in the Patient Demographics Service which is operated by NHS England;
- non-electronic prescription form
means a prescription form which falls within paragraph (a) of the definition of “prescription form”;
- non-electronic repeatable prescription
means a prescription form for the purpose of ordering a drug, medicine or appliance which— (a) is provided by NHS England, a local authority or the Secretary of State;
- normal hours
means those days and hours on which and the times at which services under the agreement are normally made available and may be different for different services;
- Nursing and Midwifery Register
means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 (establishment and maintenance of register);
- nursing officer
means a health care professional who is registered on the Nursing and Midwifery Register and who is— (a) employed by the Department for Work and Pensions;
- occupational therapist
means 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 Professions Order 2001 (establishment and maintenance of register) relating to occupational therapists and who is— (a) employed or engaged by the Department for Work and Pensions;
- online consultation tool
has the meaning given in regulation 64ZD;
- online practice profile
means a profile—
- optometrist independent prescriber
means a person— (a) who is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989 (register of opticians);
- out of hours opt out notice
means a notice given under regulation 30(1) to opt out permanently of the provision of out of hours services;
- out of hours performer
means a prescriber, a person acting in accordance with a Patient Group Direction or any other health care professional employed or engaged by the contractor who can lawfully supply a drug, medicine or appliance, who is performing out of hours services under the agreement;
- out of hours period
means subject to regulation 3A(2)— (a) the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8.00am on the following day;
- out of hours services
means the 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 core hours;
- paramedic independent prescriber
means a person— (a) who is either engaged or employed by the contractor or who is a party to the agreement;
- parent
includes, in relation to any child, an 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 their child;
- patient
means— (a) a registered patient;
- Patient Group Direction
has the meaning given in the regulation 213(1) of the Human Medicines Regulations 2012 (interpretation);
- patient information
means information which relates to the physical or mental health or condition of a patient, to the diagnosis of their condition, to their care and treatment, or information which is to any extent derived, directly or indirectly, from such information.
- performer
means a performer of medical services under the agreement to whom the provisions of Part 8 of these Regulations applies;
- personal number
means a telephone number which starts with 070 followed by a further eight digits.
- pharmacist independent prescriber
means a person who— (a) is either engaged or employed by the contractor or is a party to the agreement;
- physiotherapist
means 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 Professions Order 2001 (establishment and maintenance of register) relating to physiotherapists and who is— (a) employed or engaged by the Department for Work and Pensions;
- physiotherapist independent prescriber
means a person who is— (a) engaged or employed by the contractor or is a party to the agreement;
- planned return date
means the date on which a person intends to return to the United Kingdom;
- Post Event Message
means the electronic message which is sent to a contractor at the end of a telephone call to NHS 111 or to a connected service.
- post-registration programme
means a programme that is for the time being recognised by the General Medical Council under regulation 10A of the Medical Act 1983 (programmes for provisionally registered doctors) as providing registered doctors with an acceptable foundation for future practise as a fully registered medical practitioner;
- practice
means the business operated by the contractor for the purpose of delivering services under the agreement;
- practice area
means the area specified in the agreement as the area in which essential services are to be provided;
- practice leaflet
means a leaflet drawn up in accordance with regulation 71;
- practice premises
means an address specified in the agreement as one at which services are to be provided under the agreement;
- practice website
means a website through which the contractor advertises the primary medical services it provides;
- prescriber
means— (a) a chiropodist or podiatrist independent prescriber;
- prescription form
means— (a) a form for the purpose of ordering a drug, medicine or appliance which is— (i) provided by NHS England, a local authority or the Secretary of State which is in the form required by the NHS Business Services Authority, (ii) issued, or is to be issued, by the prescriber, and (iii) does not indicate that the drug, medicine or appliance ordered may be provided more than once;
- prescription only medicine
means a medicine referred to in regulation 5(3) of the Human Medicines Regulations 2012 (classification of medicinal products);
- primary care list
means— (a) a list of persons performing primary medical services, primary dental services or primary ophthalmic services or pharmaceutical services prepared in accordance with regulations made under— (i) section 91 of the Act (persons performing primary medical services), (ii) section 106 of the Act (persons performing primary dental services), (iii) section 123 of the Act (persons performing primary ophthalmic services), and (iv) sections 145, 146, 147A or 149 (performers of pharmaceutical services and assistants), of the Act;
- primary care network
means a network of contractors and other providers of services which has been approved by NHS England, serving an identified geographical area...
- Primary Care Trust
means the Primary Care Trust which was a party to the agreement immediately before the coming into force of section 34 of the Health and Social Care Act 2012 (abolition of Primary Care Trusts);
- primary carer
means, in relation to an adult, the adult or organisation primarily caring for that adult;
- primary medical services
means medical services provided under or by virtue of a contract or agreement to which Part 4 of the Act applies;
- Primary Medical Services (Directed Enhanced Services) Directions
means directions relating to provision of enhanced services given to NHS England under section 98A(3) of the Act;
- private services
means the provision of any treatment which would amount to primary medical services if it was provided under or by virtue of a contract or agreement to which the provisions of Part 4 of the Act apply;
- processing
has the meaning given by section 3(4) of the Data Protection Act 2018;
- public health functions
means— (a) the public health functions of the Secretary of State under the following provisions of the Act— (a) section 2A (Secretary of State’s duty as to protection of public health);
- qualifying person
has the meaning given in paragraph 31A;
- referral pathways
means arrangements, such as Advice and Guidance, determined by NHS England as applying to the referral of a patient for a service under the Act, including any locally determined arrangements that apply in relation to the contractor’s practice area.
- refusal notice
means a notice which— (a) is in writing, and (b) includes the reasons for a decision to refuse the relevant application;
- registered patient
means a person— (a) who is recorded by NHS England as being included in the contractor's list of patients;
- relevant calls
means— (a) calls made by patients to the contractor's practice for any reason related to services provided at the contactor's practice under the agreement;
- relevant date
means the later of— (a) the date on which the contractor accepts the qualifying person as a temporary resident, and (b) the date on which the qualifying person returns to the United Kingdom;
- relevant family member
has the meaning given in paragraph 31A.
- relevant financial year
means a financial year ending—
- relevant medical information
means any information entered on P’s medical record other than—
- relevant patient
means— (a) a registered patient, or (b) a temporary resident.
- relevant person
means— (a) the contractor;
- relevant persons
means—
- relevant register
means— (a) in relation to a nurse, the Nursing and Midwifery Register;
- relevant sub-contract
means a sub-contract—
- relevant threshold
means—
- relevant vaccine or immunisation
has the same meaning as in regulation 59B(1)(a) of these Regulations;
- remote service
means— (a) an online consultation under regulation 64ZD;
- repeat dispensing services
means pharmaceutical services or local pharmaceutical services which involve the provision of drugs, medicines or appliances by a chemist in accordance with a repeatable prescription;
- repeatable prescriber
means a prescriber who is— (a) engaged or employed by a contractor which provides repeatable prescribing services under the terms of its agreement which give effect to regulation 52;
- repeatable prescribing services
means services which involve the prescribing of drugs, medicines or appliances on a repeatable prescription;
- repeatable prescription
means— (a) a form provided by NHS England, 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 the NHS Business Services Authority, and which— (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 the drug, medicine or appliance may be provided;
- restricted availability appliance
means an appliance which is approved for particular categories of persons or particular purposes only;
- Scheduled drug
means— (a) a drug, medicine or other substance specified in any directions given by the Secretary of State under section 88 of the Act (GMS contracts: prescription of drugs etc) as being a drug, medicine or other substance which may not be ordered for patients in the provision of medical services under the agreement;
- secondary care services
means— (a) such services, accommodation or facilities as an integrated care board considers it appropriate to make arrangements for the provision of under or by virtue of section 3 (duties of integrated care boards as to commissioning of health services) or 3A (power of integrated care boards to commission certain health services) of the Act;
- signatory
means a natural person who creates an electronic signature;
- specified period
means—
- sub-contractor
means a person to whom any rights or duties under the contract in relation to clinical matters are, or have been, sub-contracted under paragraph 44(1) of Schedule 3, and includes an individual who is a locum practitioner;
- Summary Care Record
means the system approved by NHS England 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 (other than any information recorded in accordance with regulation 60A)or any information about ethnicity provided under regulation 64C taken from the patient's electronic record;
- summary information
means items of patient data that comprise the Summary Care Record.
- supplementary prescriber
means a person— (a) who is either engaged or employed by the contractor or is a party to the agreement;
- supply form
means a form provided by NHS England and completed by or on behalf of the contractor for the purpose of recording the provision of drugs, medicines or appliances to a patient during the out of hours period.
- system of clinical governance
means a framework through which the contractor endeavours continuously to improve the quality of its services and safeguards high standards of care by creating an environment in which clinical excellence can flourish.
- temporary residence application
means an application under paragraph 31E or 31G.
- temporary resident
means a person— (a) accepted by the contractor as a temporary resident under paragraph 19, 31E or 31G of Schedule 2, and (b) for whom the contractor’s responsibility has not terminated under paragraph 19, 31E or 31G (as the case may be) of Schedule 3. • “therapeutic radiographer independent prescriber” means a radiographer— (a) who is registered in Part 11 of the register maintained under article 5 of the Health Professions Order 2001;
- the Act
means the National Health Service Act 2006;
- the commencement date
means the date on which these Regulations come into force;
- the compliance period
means the period specified in Article 12 of the UK GDPR for compliance with a request made in exercise of a right under Article 15 of the UK GDPR;
- the detained estate healthcare service
means the healthcare service commissioned by NHS England in respect of persons who are detained in prison or in other secure accommodation by virtue of regulations made under section 3B(1)(c) of the Act (Secretary of State’s power to require NHS England to commission services);
- the NHS Pension Scheme Regulations
means the National Health Service Pension Scheme Regulations 2015 and “active member”, “locum practitioner”, “medical practitioner”, “member” and “non-GP provider” have the meanings given for the purposes of those Regulations;
- the scheduled release date
means the date on which the person making an application under sub-paragraph (2)(c) is due to be released from detention in prison.
- the Scheme
means the National Health Service Pension Scheme established by the NHS Pension Scheme Regulations.
- the Vaccines and Immunisations Standards
means the standards determined by NHS Englandpublished on 15 April 2024 and which a contractor is required to meet in relation to the following matters— (a) the invitation of patients for immunisation appointments when they first become eligible for relevant vaccines or immunisations (“newly eligible patients”);
- therapeutic radiographer independent prescriber
means a radiographer— (a) who is registered in Part 11 of the register maintained under article 5 of the Health Professions Order 2001;
- third party contract
means a contract or other agreement under which a relevant person is provided with a jobholder to provide clinical services under the agreement or sub-contract, as the case may be, and which is between— (a) a contractor and a person other than a jobholder or sub-contractor, (b) a sub-contractor and a person other than a jobholder, the contractor, or a person (“P”) to whom the sub-contractor has sub-contracted obligations as permitted by paragraph 43(4A) of Schedule 2, or (c) P and a person other than a jobholder or sub-contractor;
- vaccine and immunisations services
has the meaning given in regulation 3(7) of the General Medical Services Contracts Regulations.
- vaccines and immunisations catch-up campaign
means a campaign which is aimed at maximising the uptake of a particular vaccine or immunisation by patients who are eligible for it but have not received that vaccine or immunisation for any reason (other than a decision to refuse the vaccine or immunisation).
- Violent Patient Scheme
means a scheme set up in accordance with the Primary Medical Services (Directed Enhanced Services) Directions to provide primary medical services to those removed from a contractor’s list of patients under paragraph (1).
- working day
means any day except Saturday, Sunday, Christmas Day, Good Friday or a bank holiday;