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FORM OF AGREEMENT

THIS AGREEMENT is made on the day of 200[  ]

BETWEEN

(1)

[Name of Primary Care Trust] of [address] (called “the PCT”)  and

(2)

[Name of  Contractor] having its main or registered address at [address] (called “the Contractor”) 1

(and hereinafter called the “Parties”)

BACKGROUND

A.

The PCT is a statutory body established by an order made pursuant to section 16A of the National Health Service Act 1977.  It is the duty of the PCT to exercise its powers so as to provide or secure the provision of primary medical services within its area.

B.

In order to achieve this object the PCT is empowered under section 16CC (2) (b) of the National Health Service Act 1977 to make such arrangements for the provision of primary medical services as it thinks fit.

C.

The PCT and the Contractor wish to enter into a Contract under which the Contractor is to provide Out of Hours Medical Services [and other services2] in accordance with the provisions of the Contract.

The Parties agree that:

1.

This Form of Agreement (Section 1) together with the appended Sections 2 to 6 (inclusive) are referred to collectively as the “Contract”;

2.

The Contractor shall provide the Services in accordance with the Contract;

1 It is assumed throughout this model contract that the out of hours provider (the Contractor) will be a body corporate (a company or a society).  If it is an individual or a partnership, then certain clauses will need to be adjusted.   In particular, clauses 17.9 to 17.13 and 8.12 will need to be amended in order to comply with the APMS Direction 5(1)(t).

2 Delete as necessary.  Please also note that if the contract is to include Essential Services (i.e. the provider is to have a list of registered patients) certain extra clauses will be needed to comply with the APMS Directions.  See in particular APMS Directions 11 & 13.

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