Prior to 2006, some PCTs interpreted the rules regarding 24-hour retirement as allowing (particularly in relation to single handed practitioners) their resignation without causing a break in their nGMS or PMS contract.
This meant it was possible to retire over a weekend if they were opted out of OOHs responsibility. N14/2006 indicates this is no longer correct and all practitioners must resign their NHS contract for 24 hours.
This has important implications for all General Practitioners both in terms of their (nGMS or PMS) contracts and partnership agreements. Possible solutions are discussed on our Succession Planning page.
Single handed and two partner nGMS practices can, following Regulations, secure their contract but only if the single-handed GP is willing to take on a new partner.
Any resignation by a PMS signatory represents a variation in the PMS contract what may then occur is discretionary to the PCT.
The LMC strongly recommends such practices informally discuss their proposed plans with the PCT Director of Primary Care at an early stage, and the LMC can assist with such discussions if requested.
Many partnership agreements do not include any reference to 24 hour retirement and frequently there is no written provision regarding the terms of any return to practice.
For nGMS contractors, the PCT Contract is held by the partnership and a GP will have to resign as a partner in order to fulfil the requirement to retire from their NHS contract for 24 hours.
For PMS agreements, being a signatory to the PMS contract and being a member of the partnership are two distinct legal commitments, which the LMC recommends are clarified within a Partnership Agreement. However, undertaking NHS work following 24 hour retirement would require either re-signing the PMS agreement or being engaged by the practice to work, noting that a person cannot be simultaneously a Partner within a business and employed by it.
The LMC therefore recommends that either Partnership Agreements are amended to take into account the opportunity to take 24 hour retirement, or a legal deed is signed prior to the 24 hour retirement setting out the terms and status under which a GP may return to the practice following their retirement. There is no obligation to make such formal agreements, but there is also no automatic right for a partner (or salaried GP) to be readmitted to a practice under their pre-retirement terms.
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