Welsh Statutory Instrument 2023 United Kingdom

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023

At a glance

What's here

110 compliance obligations

Who this Act binds

Plus 9 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Schedules

s.sch002

Cervical screening services

  • Provide cervical screening services and keep accurate records
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Child health surveillance services

  • Provide child health surveillance services for children under 5
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Childhood vaccinations and immunisations services

  • Provide childhood vaccination and immunisation services
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Contraceptive services

  • Provide contraceptive services to patients who request them
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Maternity medical services

  • Provide maternity medical services and refer patients if you have conscientious objection
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Minor surgery

  • Provide cryocautery, curettage and cautery for skin lesions and keep records
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Vaccinations and immunisations

  • Offer vaccinations and immunisations to patients
s.sch003

Premises, facilities and equipment

  • Ensure premises, facilities and equipment meet required standards
s.sch003

Clinical reports

  • Send clinical report to Local Health Board when treating non-registered patients
s.sch003

Entry and Inspection by the Local Health Board

  • You must allow Local Health Board inspections of your practice premises
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Concerns and complaints

  • Set up a complaints system that meets legal standards
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Co-operation with investigations

  • Co-operate with NHS complaint and concern investigations
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Provision of information about complaints

  • Report number of complaints to Local Health Board as required
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Local resolution of contract disputes

  • Cooperate and communicate to resolve contract disputes locally first
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NHS dispute resolution procedure

Other duties (1) — Crown / regulator
  • Welsh Ministers must manage NHS contract disputes under a defined procedure Crown / Minister / Government department
s.sch003

Variation of a contract: general

Other duties (1) — Crown / regulator
  • Local Health Board may vary your contract without consent for legal compliance Local authority
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Storage of vaccines

  • Store vaccines according to manufacturer’s instructions and monitor fridge temperatures
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Variation provisions specific to a contract with an individual medical practitioner

  • Notify Local Health Board before changing from individual to partnership practice
s.sch003

Variation provisions specific to a contract with two or more individuals practising in partnership

  • Notify your Local Health Board if your GP partnership dissolves
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Infection control

  • Put in place appropriate infection control and decontamination arrangements
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Termination by the Local Health Board: remedial notices and breach notices

Other duties (1) — Crown / regulator
  • Serve remedial notice with minimum 28-day period for remediable breaches Local authority
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Contract sanctions

Other duties (1) — Crown / regulator
  • Local Health Board may impose contract sanctions before termination Statutory regulator
s.sch003

Contract sanctions and the NHS dispute resolution procedure

Other duties (1) — Crown / regulator
  • Local Health Board must not impose contract sanction during dispute unless specific conditions met Local authority
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Clinical governance

  • Implement and maintain a clinical governance system for controlled drugs
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Co-operation with Health Education and Improvement Wales

  • Co-operate with Health Education and Improvement Wales (HEIW) on workforce matters
s.sch003

Duty of co-operation in relation to supplementary services

  • Cooperate and share information on supplementary services you don't provide
s.sch003

Insurance

  • Have and maintain appropriate clinical indemnity cover
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Public liability insurance

  • Hold adequate public liability insurance
s.sch003

Gifts

  • Keep a register of gifts over £100 from patients or service providers
s.sch003

Bribery Act

  • Do not commit bribery or any prohibited act under the Bribery Act
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Advertising private services

  • Advertise private services separately from NHS services
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Compliance with legislation and guidance

  • Comply with all relevant legislation, guidance and codes of practice
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Duty of co-operation in relation to out of hours services

  • Cooperate with out-of-hours services provider
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Duty of co-operation: cluster working

  • Co-operate with cluster working arrangements
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Contribution to clusters and GP Collaboratives

  • Contribute to your GP cluster plan and collaborative working
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Demand and capacity

  • Engage with your GP Collaborative on demand and capacity assessments
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Telephone services

  • Manage telephone services: avoid premium-rate numbers and staff lines during core hours
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Cessation of service provision: information requests

  • Comply with information requests after ceasing a supplementary service
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Welsh Language

  • Comply with Welsh language requirements in providing medical services
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List of patients

  • Keep patient list accurate and provide data to Local Health Board on request
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Application for inclusion in a list of patients

  • Accept patient applications without proof of ID or address, and notify LHB
s.sch003

Inclusion in list of patients: armed forces personnel

  • Accept armed forces personnel onto your patient list and coordinate with Defence Medical Services
s.sch003

Temporary residents

  • Accept temporary residents when list is open and criteria met
s.sch003

Refusal of applications for inclusion in the list of patients or early termination of responsibility for temporary residents

  • Manage patient registration and temporary resident terminations fairly
s.sch003

Patient preference of practitioner

  • Record and accommodate patient preferences for a specific performer
s.sch003

Removal from the list at the request of the patient

  • Notify Local Health Board when a patient asks to be removed from your list
s.sch003

Removal from the list at the request of the contractor

  • Follow procedures for removing a patient from your list
s.sch003

Cost of relevant calls

  • Ensure call costs to practice are no higher than geographic numbers
s.sch003

Removals from the list of patients who are violent

  • Request removal of violent patients from your practice list
s.sch003

Termination of responsibility for patients not registered with the contractor

  • Keep records of patient responsibility terminations and share with Local Health Board on request
s.sch003

Application for closure of list of patients

  • Apply to close your patient list with required details
s.sch003

Approval of an application to close a list of patients

Other duties (1) — Crown / regulator
  • Local Health Board must notify contractor of patient list closure decision Local authority
s.sch003

Access

  • Provide accessible services including telephone, digital prescriptions, appointments, and signposting
s.sch003

Rejection of an application to close a list of patients

Other duties (1) — Crown / regulator
  • Local Health Board must notify contractor of rejected patient list closure Local authority
s.sch003

Assignment to closed lists: NHS dispute resolution procedure relating to determinations of the assessment panel

Other duties (1) — Crown / regulator
  • Welsh Ministers must review and determine disputes about closed-list patient assignments Crown / Minister / Government department
s.sch003

Prescribing: general

  • Ensure prescription forms and home oxygen order forms comply with regulations
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Orders for drugs, medicines and appliances

  • Order drugs, medicines and appliances using correct prescription method
s.sch003

Attendance at practice premises

  • Provide same-day care for walk-in patients during core hours
s.sch003

Electronic prescriptions

  • Follow rules for electronic prescriptions and issue EPS tokens
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Nomination of dispensers for the purposes of electronic prescriptions

  • Handle patient requests to nominate a dispenser for electronic prescriptions
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Repeatable prescriptions

  • Manage repeatable prescriptions correctly
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Prescribing for electronic repeat dispensing

  • Issue electronic repeat prescriptions in a format suitable for electronic repeat dispensing
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Restrictions on prescribing by medical practitioners

  • Prescribing restrictions: what drugs, medicines and appliances you must not order on NHS prescriptions
s.sch003

Restrictions on prescribing by supplementary prescribers

  • Control prescribing and administration by supplementary prescribers
s.sch003

Bulk prescribing

  • Bulk prescribe non-controlled drugs/inhalers for 10+ residents in an institution
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Excessive prescribing

  • Do not prescribe excessive quantities or costs of drugs
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Provision of drugs, medicines and appliances for immediate treatment or personal administration

  • Provide immediate treatment drugs and appliances within NHS contract terms
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Attendance outside practice premises

  • Attend patients outside practice premises when clinically necessary
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Provision of dispensing services

  • Inform patients they can also get drugs from any NHS pharmacist
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Qualifications of performers: health care professionals

  • Health care professionals must be registered and not suspended to perform clinical services
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Conditional registration or inclusion in primary care list

  • Comply with conditions on healthcare professionals' registration or GP list inclusion
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Clinical experience

  • Do not perform clinical services without necessary experience and training
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Conditions for employment and engagement: medical practitioner

  • Verify medical practitioners' performers list registration before hiring
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Conditions for employment or engagement: health care professionals

  • Verify health care professionals’ qualifications and experience before hiring
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Clinical references

  • Obtain and check two clinical references before hiring a healthcare professional
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Verification of qualifications and competence

  • Verify qualifications and competence of staff before hiring
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Training

  • Maintain staff training and skills for clinical services
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Newly registered patients

  • Invite newly registered patients for consultation within 6 months and complete health screening
s.sch003

Arrangements for GP Specialty Registrars

  • Do not reduce hours of other staff when employing a GP Registrar
s.sch003

Notice requirements in respect of relevant prescribers

  • Notify the Local Health Board when prescribers start or stop prescribing
s.sch003

Signing of documents

  • Include clinical profession and contractor name on documents
s.sch003

Level of skill and compliance with pathways

  • Perform duties with reasonable skill and follow national condition pathways
s.sch003

Appraisal and assessment

  • Ensure GPs participate in appraisal and cooperate on patient safety
s.sch003

Sub-contracting

  • Do not sub-contract clinical or patient-facing services without Local Health Board notification and approval
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Patient records

  • Keep adequate patient records and manage transfers
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Welsh GP record

  • Enable automated retrieval of summary GP record data on patient record changes
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Patients not seen within 3 years

  • Provide a consultation to patients aged 16-75 not seen in 3 years
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Electronic transfer of patient records between GP practices

  • Use GP2GP to transfer patient records when patients join or leave
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Clinical correspondence: requirement for NHS number

  • Include NHS number as primary identifier in clinical correspondence
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Confidentiality of personal data: nominated person

  • Appoint a person responsible for personal data confidentiality
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Provision of information to patients

  • Provide and maintain patient information online and in leaflet
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Provision of information (or access to information) at the request of the Local Health Board

  • Provide information requested by the Local Health Board
s.sch003

Clinical audits ...

  • Participate in clinical audits and share data with Digital Health and Care Wales
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Information relating to indicators no longer in the Quality Assurance and Improvement Framework

  • Allow LHB data extraction and maintain patient registers
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The Primary Care Workforce Intelligence System

  • Update and review workforce data in PCWIS monthly
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General Practice Escalation Tool

  • Submit escalation data to the General Practice Escalation Tool
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Patients aged 75 years and over

  • Provide an annual consultation for patients aged 75 and over
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Medicines and Healthcare Products Regulatory Agency Central Alerting System

  • Maintain MHRA contact details and monitor alerts
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Inquiries about prescriptions and referrals

  • Answer Local Health Board inquiries about prescriptions and referrals
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Provision of information to a medical officer etc.

  • Provide clinical information and answer inquiries to medical officers etc. upon patient consent
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Annual return and formal review

  • Submit annual returns, respond to ad-hoc data requests, and attend annual performance reviews
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Notifications to the Local Health Board

  • Notify Local Health Board of specified incidents, changes, and service provisions
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Co-operation with the Local Health Board

  • Co-operate with Local Health Board on controlled drugs obligations
s.sch003

Notice provisions specific to a contract with a company limited by shares

  • Notify Local Health Board about share transfers, new directors or financial distress
s.sch003

Notice provisions specific to a contract with two or more individuals practising in partnership

  • Notify Local Health Board of partnership changes immediately
s.sch003

Notification of deaths

  • Report patient deaths on practice premises to Local Health Board within one working day
s.sch004

Information to be included on a practice’s online resource and written practice leaflet

  • Include mandatory information on your practice website and leaflet
Browse 47 other Schedules — structural / supplementary
s.sch002

Learning disabilities services

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For the purposes of paragraphs 1 to 7 “a patient’s...

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Dispute resolution: non-NHS contracts

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Determination of the dispute

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Interpretation of this Part

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Termination by agreement

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Termination on the death of an individual medical practitioner

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Termination by the contractor

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Late payment notices

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Termination by the Local Health Board: general

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Termination by the Local Health Board for breach of conditions in regulation 5

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Termination by the Local Health Board for the provision of untrue etc. information

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Other grounds for termination by the Local Health Board

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Termination by the Local Health Board where patients’ safety is seriously at risk or where there is risk of material financial loss to Local Health Board

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Termination by the Local Health Board for unlawful sub-contracting

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Termination by the Local Health Board: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares

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Termination and the NHS dispute resolution procedure

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Consultation with the Local Medical Committee

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Third party rights

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Covid Anti-viral treatments

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Frailty Indexing

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Ethnicity Recording

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Welsh identity verification service (WIVS)

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Membership of a cluster

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Membership of a GP Collaborative

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Removal from list if patient registered elsewhere

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Removal from the list of patients who have moved

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Removal from the list of patients whose address is unknown

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Removal from the list of patients absent from the United Kingdom etc.

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Removal from the list of patients accepted elsewhere as temporary residents

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Removal from the list of pupils etc. of a school

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Re-opening of list of patients

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(1) This Part applies in respect of the assignment by...

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Assignment of patients to list of patients: open and closed lists

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Factors relevant to assignments

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Assignments to closed lists: composition and determinations of the assessment panel

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Assignments to closed lists: assignments of patients by the Local Health Board

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Repeatable prescribing services

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Qualifications of performers: medical practitioners

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Terms and conditions

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Withdrawal and variation of approval and right to subsequently object to a sub-contract under paragraph 76

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Use of fax machines

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Triennial Reviews

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Notifications to patients following variation of the contract

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(1) The National Health Service (Performers Lists) (Wales) Regulations 2004...

s.sch005

(1) The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020...

s.sch006

The 2004 Regulations are revoked.

s.005

Conditions relating solely to medical practitioners

Other duties (1) — Crown / regulator
  • Local Health Board must verify GP composition of contract parties Local authority
s.021

Fees, charges and financial interests

  • Do not charge patients for NHS treatment, prescriptions, or certain evidence forms
s.028

Termination of a contract

  • Handle contract termination: cease work, cooperate, transfer patients, return property, and pay any sums due
Browse 30 other sections — procedural / definitional / commencement
s.001

Title and commencement

s.002

Application

s.003

Interpretation

s.004

Conditions: general

s.006

General condition relating to all contracts

s.007

Notice of conditions not being met and reasons

s.008

Right of appeal

s.009

Pre-contract disputes

s.010

Health service body status: election

s.011

Health service body status: variation of contracts

s.012

Cessation of health service body status

s.013

Parties to the contract

s.014

Health service contract

s.015

Contracts with individuals practising in partnership

s.016

Duration

s.017

Unified services

s.018

Services: general

s.019

Certificates

s.020

Finance

s.022

Circumstances in which fees and charges may be made

s.023

Activity and Appointment Data

s.024

Dataset and business rules

s.025

Contract assurance

s.026

Sub-contracting

s.027

Variation of contracts

s.029

Other contractual terms

s.030

(1) The functions of a Local Medical Committee which are...

s.031

General transitional provision and saving

s.032

Consequential amendments

s.033

Revocations

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