Legal / Business Consultancy Services

Newcastle & North Tyneside LMC and Gateshead & South Tyneside LMC have jointly entered into an enhanced retainer agreement with the firm LMC Law.


The agreement covers legal/business consultancy services to the LMCs, all GPs and GP practices, primary care networks and federations within the two LMC areas.


SERVICES TO CONSTITUENTS


The Services shall consist of all legal and business matters relating to the delivery, support, negotiation, review, and advice in the following areas:


All primary and secondary care legislation, regulation, direction, policies affecting general practitioners in the various roles and in respect of their various responsibilities;


On-going support to primary care networks and federations in terms of corporate and commercial law advice. Initial general advice relating to the creation of primary care network and federation structures and documentation.


Provision of one seminar per constituent client for example PCNs (structures and workforce), GDPR and corporate governance


Advice on corporate governance issues including but not limited to, drafting special resolutions, advice on voting arrangements, elections, shareholder general meetings and conduct of board.


Provision of Trust Deeds and guidance notes for shareholders;


Review of contracts, policies and any other document relating to any commissioned service, including NHS standard contracts, APMS contracts;


Provision of the following documents:

  • Data Sharing Agreement checklist

  • SARs letter templates for clarification of a SAR

  • SAR letter regarding charging

  • SAR letter regarding excessive requests

  • PCN Schedules template

  • PCN due diligence questionnaire

  • PCN conflict of interest policy

  • PCN letter of authorisation

  • Template record retention and disposal policy

  • Template homeworking policy

  • Practice and employee privacy notice templates


Advice on joint ventures and partnerships with other entities: community trusts, hospital trusts etc.;


Mergers of practices and caretaking arrangements – general advice on structure and advice on any documentation that may be required.


DISCOUNTED AND FIXED FEES

Where LMC Law is instructed to produce work falling outside of this retainer, in respect of LMC constituents, then fees shall be quoted on a fixed and discounted basis.


EXCLUSIONS

The following services are not covered by this Agreement:

  • Litigation;

  • Mediation/arbitration;

  • Defamation;

  • Criminal law;

  • Intellectual property, patents, copyright;

  • PCN staff risk sharing agreements;

  • Employment & HR advice.


In the event matters fall within the list of excluded services, then LMC Law will use all best endeavours to refer to a third party at reasonable and fixed rates.


Mediation and arbitration shall be outsourced to LMC Law associates at competitive rates, together with premises/property issues, when required.


SPECIAL SERVICES

LMC Law shall charge competitive fixed rates (POA) for the following services (this list is not exhaustive), BUT shall ensure that where fees are charged to LMC constituents these fees are kept to a minimum and below market rate:

  • Partnership agreements and amendments to existing agreements;

  • Joint venture and collaborative arrangements;

  • Sub-contract arrangements or service level agreements with practices within a federation or primary care network;

  • Merger terms and conditions;

  • Merger and takeover documentation including due diligence

  • Agreements or sub contracts for primary care networks;

  • Premises, contracts, leases and any other property work.


Services are subject to LMC Law’s terms and conditions of service (here).


If you wish to access any of these service, please contact the LMC Secretary - bill.westwood@nhs.net - or maxine.allan1@nhs.net in the first instance.


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