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Introduction

1. This Code of Practice sets out guidance on the confidentiality of information held by contractors - referred to collectively in this document as 'contractors' - who provide General Medical Services (GMS), Personal Medical Services (PMS) and Alternative Provider Medical Services (APMS).  It also sets out guidance on the provision of contractor-held information to Primary Care Trusts (PCTs), and access by, and disclosure of, that information to PCTs or a person authorised in writing by PCTs.

2. This Code has been developed by the Department of Health in consultation with the    General Practitioners Committee (GPC) of the British Medical Association, and other key stakeholders, including representatives from patient bodies. It makes explicit existing legal and ethical obligations of confidentiality, placing them in the context of new primary care contractual arrangements. It does not cover in detail all circumstances in which contractor-held information may be requested, but sets out principles of good practice for contractors of primary medical services and Primary Care Trusts (PCTs) who commission services from them.  It also describes circumstances in which Strategic Health Authorities (SHAs) or the Department of Health (DH) may request access to certain contractor-held information. PCTs are required by Directions to comply with the provisions of this Code when exercising certain functions . PCTs should normally seek actively to involve and engage Local Representative Committees in relation to the Code where there are any potential issues of contention or where contractors may require additional support.

3. Primary Care Led Medical Services (PCTMS) are not covered by the Directions to PCTs since the arrangements for providing PCTMS differ in certain respects from the other primary care contractual arrangements. However, PCTs providing PCTMS are expected to follow the principles in this Code, when appropriate, performance managed by Strategic Health Authorities (SHAs) on this basis.  The position of  a PCT acting in the capacity of a provider of PMS under a PMS Agreement is different, in these circumstances the commissioner/provider relationship is between the SHA and the PCT and subsequent contracts are covered by the Directions and the principles set out in this Code.