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Legislation

  • Last modified date:
    23 March 2010

These documents build on the 'offer' documents and contain the implementation guidance that practices and primary care organisations will need to both implement the new GMS contract and use it effectively as a valuable tool in redesigning primary care services for patients.

They comprise:

Standard contract

The Department has now agreed the content of the GMS Standard Contract with the GPC and the NHS Confederation. The terms of that contract are now published and can be downloaded in both PDF and Word format.

Default contract

The Department has now agreed the content of the default contract with the GPC and the NHS Confederation. The terms of that contract are now published and can be downloaded in both PDF and Word format.

As set out in the attached brief guidance note this contract must only be modified where this is expressly allowed for in the terms of the contract.

PCTs and contractors who are considering using the default contract are asked to read paragraphs 6.15 to 6.19 of Investing in General Practice.

As part of the process of agreeing the default contract the Department has also reached agreement on the necessary transitional procedures that will govern who is entitled to be offered a GMS contract.  This Order is entitled "The General Medical Services Transitional and Consequential Provisions Order 2004"- see the section on transitional regulations below.

Contract Regulations

The GMS Contract Regulations have now been completed. The Regulations (SI 2004/291) are available on the HMSO website (see link below).

The GMS Contract Regulations have been amended with effect from 15 November 2004 by the National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2004 (SI 2004/2694)

The amendments are largely technical but also include specific reference to the new OOH Quality Requirements.  A short explanation covering the amendinding Regulations and an external link to the Regulations themselves are available below.  PCTs and Practices are required to amend all existing GMS contracts to bring them into line with the new Regulations.

The GMS Contract Regulations have been further amended with effect from 14 April 2005 by the National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2005 (SI2005/893)

The amendments make provision for the introduction of electronic prescribing, Out of Hours Supply of Medicine and the imposition of restrictions on the use of certain telephone numbers, as well as a number of technical amendments. A short explanatory note to the Regulations and a link to the Regulations themselves are below. PCTS and Practices are required to amend all existing GMS contracts to bring them into line with the new Regulations.

The GMS Contract Regulations have been further amended with effect from 6 January 2006

by the National Health Service (Primary Medical Services) (Miscellaneous Amendments)(No.2) Regulations 2005 (SI2005/3315). The amendments make provision for the introduction of Civil Partnerships Act, the definitions of repeatable prescription and batch issue and wide ranging changes to the dispensing provisions. A short explanatory table and a link to the Regulations themselves are below.  PCTs and Contractors are required to amend all existing GMS contracts to bring them into line with the new Regulations.  A revised standard GMS contract for use with new GMS contractors and a standard variation document for use with existing GMS contracts will be available on the DH website.

The GMS Contract Regulations 2004 have been amended with effect from 24 July 2006 by the National Health Service (Primary Medical Services and Pharmaceutical Services)(Miscellaneous Amendments) Regulations 2006.  The amendments relate to legislative changes to expand nurse prescribing and introduce pharmacist independent prescribing which came into force from 1 May.

The amendments also reflect changes to the Performer List Regulations which come into force from 1 July 2006 regarding the employment of foundation year 2 doctors.

A short explanatory table and a link to the Regulations themselves are below.  PCTs and Contractors are required to amend all existing GMS contracts to bring them into line with the new Regulations.  A revised standard GMS contract for use with new GMS contractors and a standard variation document for use with existing GMS contractors is available on this website.

NHS (Primary Medical Services and Pharmaceutical Services)(Miscellaneous Amendments) Regulations 2006.

The GMS Contract Regulations have been further amended with effect from 28 January 2008 by the National Health Service (Primary Medical Services)(Miscellaneous Amendments) Regulations 2007 (SI 2007/3491)

The Regulations make minor amendments to the definitions of "batch issue" and "repeatable prescribing"; changes to the method by which home oxygen services may be ordered; amendments to the definitions of "incapable adults" and to those who may act on their behalf, to reflect terms used in and the provisions of the Mental Capacity Act 2005; amendments relating to the contractor's clinical governance system to provide for the inclusion of standard operating procedures in relation to the management and use of controlled drugs; and minor changes to the restrictions on those who are eligible to provide primary medical services and to the provisions relating to the service of remedial and breach notices.

A link to the Regulations is given below.  PCTs and Contractors are required to amend all existing GMS Contracts to bring them into line with the new Regulations.  A revised standard GMS contract for use with new GMS contractors and a standard variation document for use with existing GMS contractors is available at:

The GMS Contract Regulations have been further amended with effect from 1 April 2010 by the National Health Service (Primary Medical Services)(Miscellaneous Amendments) Regulations 2010 (SI 2010/578)

The regulations make some minor amendments plus more specific amendments to take account of the coming into force of the Postgraduate Medical Education and Training Order 2010; changes to Department of Work and Pensions policy on the provision of medical certificates and medical reports; and arrangements for telephone services.

A revised standard contract and variation notice will be available on DH website.

nGMS Transitional Regulations

Explanation and texts of transitional and consequential Regulations, with guidance.

Prescribing Regulations

The National Health Service (General Medical Services Contracts)(Prescription of Drugs etc.) Regulations 2004 (SI 2004/629) were laid before Parliament on 11 March 2004 and came into force on 1 April 2004. These Regulations carry forward the restrictions on prescribing previously set out in Schedule 10 and Schedule 11 of the 1992 General Medical Services Regulations (normally referred to as the black and grey lists respectively).

Statement of Financial Entitlements (SFE)

The SFE underpins the financial arrangements for the new general medical services contract. This document has been agreed with the NHS Confederation and the General Practitioners Committee of the BMA, and replaces the draft version published in December 2003.

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