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<p>NHS England’s Primary Medical Care Policy and Guidance Manual (first published
15 November 2017) provides local commissioners of primary medical services the context,
information and tools to safely commission and contract management primary medical
care contracts.</p><p> </p><p>There is no prohibition on issuing General Medical Services
or Personal Medical Services contracts under this guidance and every local commissioner
needs to consider each individual case on the basis of local circumstances that apply.
Considerations will also need to factor appropriate legislation and NHS England’s
Standing Financial Instructions.</p><p> </p><p>Commissioners need to comply with their
obligations under the Public Contract Regulations (“PCR 2015”) and the NHS (Procurement,
Patient Choice and Competition Regulations) (No. 2) Regulations 2013 (“the NHS Regulations”).
One of the impacts of these Regulations is commissioner should not unnecessarily restrict
contracts to only certain kinds of providers. In practice this will mean the use of
Alternative Provider Medical Services contracts in procurements.</p><p> </p><p>NHS
England’s Standing Financial Instructions additionally require all proposed clinical
procurements for all types of revenue expenditure which last for five years or more,
including options to extend clauses, must be submitted to and approved by the NHS
England Commercial Executive Group before advertisement.</p><p> </p><p>Whilst these
considerations do not the use of General and Personal Medical Services contracts where
appropriate and justifiable, these are likely to be exceptional.</p><p> </p><p>As
part of the NHS Long Term Plan, Parliament and the Government both asked the NHS to
make consensus proposals for how primary legislation might be adjusted to better support
delivery of the agreed changes set out in this plan.</p>
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