NHS ENGLAND Standard Personal Medical Services Agreement Variation Notice May 2018
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1 Standard Personal Medical Services Agreement Variation Notice May 2018
2 Standard Personal Medical Services Agreement Variation Notice May 2018 NHS England INFORMATION READER BOX Directorate Medical Operations and Information Specialised Commissioning Nursing Trans. & Corp. Ops. Strategy & Innovation Finance Publications Gateway Reference: Document Purpose Guidance Document Name Author Publication Date Target Audience Standard Personal Medical Services Agreement Variation Notice NHS England May 2018 CCG Accountable Officers, NHS England Regional Directors, NHS England Directors of Commissioning Operations, GPs Additional Circulation List Description #VALUE! This document gives notice under paragraph 52(2) of Schedule 2 to the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879) that the terms of the Personal Medical Services Agreement are varied as set out in the document. Cross Reference Superseded Docs (if applicable) Action Required Timing / Deadlines (if applicable) Contact Details for further information N/A N/A Regional teams and delegated CCGs to update local contracts where they have not used the new standard contract. By 00 January 1900 NHS England GP Contracts Team Quarry House Leeds LS2 7UE england.gpcontracts@nhs.net Document Status 0 This is a controlled document. Whilst this document may be printed, the electronic version posted on the intranet is the controlled copy. Any printed copies of this document are not controlled. As a controlled document, this document should not be saved onto local or network drives but should always be accessed from the intranet. 2
3 Standard Personal Medical Services Agreement Variation Notice 2018 The text of the Standard Personal Medical Services Variation Notice 2018 has been prepared by the Medical Directorate, NHS England and has been approved by the British Medical Association. It is prepared on the basis that the numbering adopted in the signed contract follows that used in the model Standard Personal Medical Services Agreement dated [ ]. Version number: 1 First published: May 2018 Prepared by: Strategy & Innovation Directorate Gateway Reference:
4 Dear Sir/Madam Notice of Variation to your Personal Medical Services Agreement dated [ ] We give you notice under paragraph 52(2) of Schedule 2 to the National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879) that the terms of your Personal Medical Services Agreement dated [ ] are varied as set out below with effect from 25 th May These variations are made to comply with the terms of the: General Data Protection Regulations (Regulation (EU) 2016/679) for the avoidance of doubt nothing in the agreement shall effect accrued rights or liabilities up to the date of the variation. and are published on the government website legislation.gov.uk. 4
5 We request you to acknowledge receipt of this notice by signing and returning the enclosed duplicate of it. Dated: Signed: on behalf of NHS England Print name: 5
6 Wording of Variations Clause 1 Definitions and Interpretation 1. The following amendments are made to clause 1.1: 1.1. The definition of "Data Protection Legislation" is substituted as follows: "Data Protection Legislation" means "(i) the GDPR and any applicable national implementing Laws as amended from time to time (ii) the DPA 2018 to the extent that it relates to processing of personal data and privacy; (iii) all applicable Law about the processing of personal data and privacy; 1.2. Immediately after the definition of "Dispensing Services", the following new definition is inserted: ""DPA 2018" means the Data Protection Act 2018;" 1.3. Immediately after the definition of "General Medical Services Contracts Regulations", the following new definition is inserted: ""GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679);" 1.4. The definition of "Personal Data" is replaced by: ""Personal Data" shall have the meaning assigned to it by the Data Protection Legislation;" Clauses 2 to 28 No variations Clauses In clause 29.4, for "Data Protection Act legislation" substitute "Data Protection Legislation". 6
7 Clauses 30 to 33 No variations Clause In clause 34.2, for "Act 1998" substitute "Legislation". Clauses 35 to In clause 72.16, for "Act 1998" substitute "Legislation". Clause 85 In Clause 85, the following amendments are made: 5. Clause 85.3 is substituted as follows: "85.3 The parties acknowledge that the Board and the Contractor shall be Data Controllers in respect of the Personal Data supplied by the Board to the Contractor under this Agreement." 1 6. Clause 85.4 is substituted as follows: "85.4 Reserved" Clauses 86 to 89 No variations Schedule 1 to 13 No variations 1 If in relation to a specific contract there is a requirement/need for the Contractor to process data for the Board the parties will be expected to enter into a separate data processing agreement. 7
8 I/We [ ] acknowledge receipt of the notice of variation dated [ ] of which the above is a duplicate. I/We acknowledge that this notice will take effect from [ ]. Signed: [on behalf of ]: Print name: Date: 8
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