"Dear Colleagues,
We are writing to update all practices who will be completing the 2023 eDec prior to December 1 2023.
Within this year’s eDec are two questions on GP Pay Transparency, 2N and 2O.
Question 2O
2O refers to the requirement for practices to let eligible persons who are engaged by the partnership know about the GP pay transparency regulations since they may apply to them; the pay transparency guidance makes it clear that practices are 'not expected to monitor whether individuals comply with the self-declaration once they have passed it on'. Thus, informing locums, salaried colleagues and locums engaged by an agency, pay transparency guidance, would fulfil this requirement.
In situations where a new subcontracting arrangement is put in place, or an existing subcontract exists and can be amended, the partnership should use their reasonable endeavours to ensure a clause relating to the obligation to make such a self-declaration, for those who are eligible to do so, is included in such documentation.
Question 2N
This asks if the single-handed general practitioner, or partners in the case of a partnership, and who are GMS, PMS, and APMS contract holders, have complied with their obligation to self-declare if relevant NHS earnings are above the £156k financial threshold for the financial year 2021/22. The starting premise is that the eDec must be answered as accurately as the responder is able to.
There are three possible answers, Yes, No, and N/A (Not applicable).
- Answer Yes if the responder (who will normally be the practice manager) knows that all eligible partners have self-declared
- Answer No if those partner(s) who are eligible to self-declare have not done so.
As there is a contractual responsibility to self-declare if eligible, then unless the responder knows for certain that partner(s) should self-declare, and have not, then this response should not be made. The pay transparency regulations are complicated in terms of appropriately apportioning NHS income streams into those that contribute towards income that, if it meets the declaration threshold, should be declared, and those that do not. It includes NHS income earned outside the partnership. While a GP’s accountant may know all these details, it is less likely a practice/business manager can assure themselves that they do.
There is no probity declaration involved; GPs are under an obligation to complete accurate HMRC returns, but under no obligation to tell other practice colleagues any other information.
As a result, it is not recommended practices complete No, unless they know for certain that the partner(s) are eligible to self-declare under the pay transparency regulations and have not done so.
- Answer N/A if it is known that the requirement to self-declare does not apply as no partner(s) are eligible to do so; however, as noted above, it may very well be that if partner(s) do not confirm whether they are eligible or not, the responder will not know the answer to this question either.
As the eDec should be completed accurately to the best of the responder’s belief, and if they know an answer is true, they can complete as above. If, however they do not know, because the information is unavailable to them, then this question (2N) cannot be answered accurately. NHS England confirms that only one person in each practice will be given permission to complete it.
In these circumstances GPC England recommends this question is left blank, but if the eDec cannot be submitted because this question is unanswered, the practice is recommended to send the following email to ssd.nationalservicedesk@nhs.net:
Dear Colleague
I am unable to complete Question 2N because I do not have the information available to be assured of the accuracy of my response.
[Practice Responder Name]
Best wishes,
BMA"