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PMS Contract

Q: I am in partnership with my practice manager spouse and currently have a PMS contract. Can I hold the PMS contract without being on a PCT performers list?

A: To perform (provide) services you have to be on a performers list, not necessarily the perfor-mers list of the PCT that holds the contract, although some PCTs insist it is their list.

Generally, a GP should be on the list of the PCT where they do the majority of their work.

However, assuming your question relates to the broader issue of whether a GP has to be on a performers list to hold a PMS contract at all, section 93 of the NHS Act 2006 details who can hold a PMS agreement.

If a GP is removed from the performers list, it seems their contract is not automatically terminated. The PCT would first have to serve notice to do this (unless the process has been undertaken simultaneously with reviewing the GP’s position on the performers list), and there may be a period of time when the GP has been rem-oved from the list but remains on the contract together with their practice manager spouse.

It seems unlikely, however, that a GP would be permitted to remain on the PMS contract in circumstances where for some reason the GP was not permitted to be registered on any performers list. The position is broadly the same under GMS.

Lynne Abbess

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