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The National Health Service (Personal Medical Services Agreements) Regulations 2015
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The National Health Service (Personal Medical Services Agreements) Regulations 2015, Paragraph 61 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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- Sch. 2 para. 3(3)(4) inserted by S.I. 2024/575 Sch. 2 para. 7(a)(ii)
- Sch. 2 para. 5(4)(c) inserted by S.I. 2024/575 Sch. 2 para. 8(b)(iii)
- Sch. 2 para. 10B and cross-heading inserted by S.I. 2024/575 Sch. 2 para. 9
- Sch. 2 para. 17(3)(3A) substituted for Sch. 2 para. 17(3) by S.I. 2024/575 Sch. 2 para. 10
- reg. 21AA(10)(a)(b) words in reg. 21AA(10) renumbered as reg. 21AA(10)(a)(b) by S.I. 2023/436 Sch. 2 para. 3(2) (This amendment not applied to Legislation.gov.uk - S.I. 2023/436 revoked by S.I. 2023/449, reg. 4 immediately before coming into force.)
- reg. 21AA(11)(a)(i)(ii) words in reg. 21AA(11)(a) renumbered as reg. 21AA(11)(a)(i)(ii) by S.I. 2023/436 Sch. 2 para. 3(3)(a) (This amendment not applied to Legislation.gov.uk - S.I. 2023/436 revoked by S.I. 2023/449, reg. 4 immediately before coming into force.)
- reg. 59C(1A) inserted by S.I. 2024/575 Sch. 2 para. 3(b)
Termination by [F1NHS England]: remedial notices and breach noticesE+W
This section has no associated Explanatory Memorandum
61.—(1) Where the contractor's breach of the agreement is not one to which paragraphs 57 to 60 apply and that breach is capable of remedy, [F1NHS England] must, before taking any action it is otherwise entitled to take by virtue of the agreement, give notice in writing to the contractor requiring it to remedy the breach (a “remedial notice”).
(2) A remedial notice must specify—
(a)details of the breach;
(b)the steps that the contractor must take to the satisfaction of [F1NHS England] in order to remedy the breach; and
(c)the period during which those steps must be taken (“the notice period”).
(3) The notice period must not be less than a period of 28 days beginning with the date on which the notice is given unless [F1NHS England] is satisfied that a shorter period is necessary to protect—
(a)the safety of the contractor's patients; or
(b)itself from material financial loss.
(4) Where [F1NHS England] is satisfied that the contractor has not taken the required steps to remedy the breach by the end of the notice period, [F1NHS England] may give a further notice in writing to the contractor terminating the agreement with effect from such date as [F1NHS England] specifies in the notice.
(5) Where the contractor's breach of the agreement is not one to which any of paragraphs 57 to 60 apply, and the breach is not capable of remedy, [F1NHS England] may give notice in writing to the contractor requiring the contractor not to repeat the breach (a “breach notice”).
(6) If, following a breach notice or a remedial notice, the contractor—
(a)repeats the breach that was the subject of the breach notice or the remedial notice; or
(b)otherwise breaches the agreement resulting in either a remedial notice or a further breach notice,
[F1NHS England] may give notice in writing to the contractor terminating the agreement with effect from such date as [F1NHS England] specifies in the notice.
(7) [F1NHS England] may not exercise its right to terminate the agreement under sub-paragraph (6) unless [F1NHS England] is satisfied that the cumulative effect of the breaches is such to allow the agreement to continue would prejudice the efficiency of the services to be provided under the agreement.
(8) If the contractor is in breach of any obligation under the agreement and a breach notice and a remedial notice in respect of that default giving rise to the breach has been given to the contractor, [F1NHS England] may withhold or deduct monies which would otherwise be payable under the agreement in respect of the obligation which is the subject matter of the default.
Textual Amendments
F1Words 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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