The 2024 Statutory Instrument number 575 will come into effect on 27 May 2024 (The National Health Service (Primary Medical Services and Performers Lists) (Amendment) Regulations 2024 (legislation.gov.uk) and will amend the NHS (England) (Performers Lists) Regulations 2013, as previously amended and The NHS (GMS Contracts) Regulations 2015 and The NHS (PMS Agreements) Regulations 2015.  The effect of this legislation is that doctors whose name is included on the GMC register and are employed or connected to a designated body under Schedule, Part 1 of the Medical Profession (Responsible Officers) Regulation 2010 The Medical Profession (Responsible Officers) Regulations 2010 (legislation.gov.uk) in England and Wales will be able to deliver primary care services without being included on the England Medical Performers List.  The bodies listed in Part 1 include but are not limited to national commissioning and oversight organisations, including NHS England, NHS Trusts and NHS Foundation Trusts.

The amendments to the regulations will permit primary care providers to employ doctors who are not GPs to deliver primary medical services under the terms of their contracts.  Primary care providers will need to ensure that the doctors that they employ are competent to undertake the role that they are appointed to.  Primary care providers will also need to ensure that they provide appropriate supervision, support (and induction) plans to enable them to work safely. They will also be responsible for undertaking appropriate recruitment checks including DBS and GMC registration and right to work. Other checks such as occupational health clearance and BLS may also be required.

In the event that the primary care provider has concerns about the doctor’s performance, it will be for them to manage the concern in line with their own HR policy as they would with any other member of staff.  Critically they will need to keep the doctor’s Responsible Officer informed of the concern and the action being taken together and, in due course, they may be required to share information as this may affect what, if any further action the doctor’s RO takes.

Under the terms of the primary medical care contract for services, doctors whose name is included on the GMC Register and the GP Register are still required to be included on the England Medical Performers List before they deliver primary care services.