The partnership act should be drawn up in such a way that the contract with nhs England continues in the event of a change of partnership. For more details on the applicable rules, please refer to the National Health Service (General Medical Services Contracts) Regulations 2004, Part 8, Para 106, variants specific to a contract with two or more persons who practice in partnership. www.opsi.gov.uk/si/si2004/20040291.htm#106c Strict adherence to good practices generally minimizes risk. In the case of a worker who ignores the correct procedures, the responsibility of the partnership may be reduced. In the case of a partner, the partnership instrument may cover non-compliance with correct procedures. Wessex LMCS strongly advises all partnerships to ensure that they have a current and effective partnership instrument that has transferred the partnership law and provides for the future succession of the contract, the distribution of profits, the withdrawal of a partner for a very good reason (the “Green Socks” clause), etc. Practice partnerships can now include non-clinical members as long as one of the partners is a physician whose name is listed in the GMC-GP Registry. A signed GP partnership agreement is essential. Make sure your covers everything it needs and learn the dangers if you don`t have any in our guide.
We strongly recommend that you document the working relationship between all partners. This significantly reduces the risk of potential partnership conflicts. The partnership agreement should be drawn up by the practice lawyer, in consultation with the partners, in order to ensure that the agreement responds exactly to the wishes of the partners. The Partnership Agreement should be subject to regular review, in particular whenever the partnership changes. Mandatory retirement clauses appear regularly in partnership acts, but these must comply with discrimination legislation. In addition, other partners have an obligation to act in good faith. A partnership agreement identifies the obligations, responsibilities and restrictions of partners in a practice. If there is no agreement, you should seriously consider discussing the conditions under which you will work together to establish a formal agreement to document your employment relationship. We have been informed of well-documented and authenticated examples in other parts of the country where NHS England withdrew the contract when a partnership ended and then issued a tender for the contract. .