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The National Health Service (Personal Medical Services Agreements) Regulations 2015, Paragraph 31D is up to date with all changes known to be in force on or before 22 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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31D.—(1) Subject to sub-paragraph (4), a contractor must include a qualifying person in the contractor’s list of patients if the qualifying person (“P”) if—
(a)P is not registered as a patient with a provider of primary medical services,
(b)P is required to be treated as a previous patient of the contractor,
(c)P is returning, or has returned, to the United Kingdom for a period of more than three months, and
(d)either—
(i)P makes an application for inclusion in the contractor’s list of patients (a “list application”), or
(ii)where P is a person to whom sub-paragraph (2) applies, a list application is made on their behalf by an appropriate person.
(2) This sub-paragraph applies to a person if they—
(a)have not attained the age of 16 years, or
(b)lack the capacity to make a list application or authorise a person to make such an application on their behalf.
(3) For the purposes of sub-paragraph (1) it does not matter whether the contractor’s list of patients is open or closed.
(4) A list application—
(a)may be made on or after the date which is one month before the planned return date, but
(b)must be made before the end of the period of three months beginning with the day on which the person returns to the United Kingdom.
(5) Paragraph 28(1)(a) or (d) does not apply in respect of a qualifying person who is included in the contractor’s list of patients by virtue of sub-paragraph (1) before their return to the United Kingdom.
(6) Where a contractor accepts a list application, the contractor—
(a)must give notice in writing to [F2NHS England] of that acceptance (including the planned return date, where the application is made and accepted before that date) as soon as possible, but
(b)is not required to provide primary medical services to the qualifying person before their return to the United Kingdom.
(7) [F2NHS England] must, on receipt of a notice given under sub-paragraph (6)(a)—
(a)include the qualifying person in the contractor’s list of patients from the relevant date, and
(b)give notice in writing to the qualifying person or the appropriate person (as the case may be) of the acceptance.
(8) For the purposes of sub-paragraph (7)(a) “the relevant date” is—
(a)where the relevant list application is made after a person’s return to the United Kingdom, the date on which [F2NHS England] receives the notice given under sub-paragraph (7)(a);
(b)where the relevant list application is made before a person’s return to the United Kingdom, the later of—
(i)the planned return date, and
(ii)the date on which [F2NHS England] receives the notice given under sub-paragraph (7)(a).
(10) This paragraph is subject to paragraph 31H.]
Textual Amendments
F1Sch. 2 Pt. 2A inserted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 2 para. 3(e)
F2Words 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
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