This year’s eDec (electronic practice self-declaration) has two questions relating to individual NHS earnings over £156,000 which should be answered with reference to the BMA’s new guidance which is available to read here.
GPC England have provided the following guidance:
Having reviewed both questions (2N and 2O) that relate to the Pay Transparency Regulations, GPC England advice was to complete Question 2N accurately in terms of the information available to the responder, but, if whether or not the partner(s) in the practice have complied with the self-declaration element of the contract, in relation to the 2021/22 financial year, is not known, to contact NHS England. In the latter circumstances practices were advised to state the following:
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]
NHS England has responded to the queries that it has received by saying that the advice from Data Collection colleagues is to answer 2N with N/A to allow the completion of the submission and for practices to contact their ICB to make them aware the information is not available to answer the question. If you have received such a response from NHSE, please retain it.
Colleagues should note that in the eDec completion guidance, N/A is advised if no partner is in scope of the [Pay Transparency Declaration] policy.
Based on this approach, GPC England suggest colleagues:
- Complete the eDec in good faith, that is, accurately.
- If the responder knows partner(s) have self-declared, they should answer Yes.
- If the responder does not know, then based on NHS England advice, they should answer N/A.
- However, if answering N/A, given NHS England’s advice and the advice in the eDec guidance, each practice should also contact their ICB. Practices can use the following template:
I am writing as I have now submitted my 2023/24 eDec.
In relation to Question 2N, I have:
- i) Followed NHS England’s advice to my practice and answered Q 2N as N/A because the information is not available to answer this question.
- ii) Followed GPC England’s/ my LMC advice, provided by letter, where, based on responses to other practices, I have completed Q 2N as N/A because the information is not available to answer this question.
I have been advised to tell my local ICB the above.
[Practice Responder Name]
Obviously, this does not apply if the eDec has been completed answering Question 2NB as Yes or No. Colleagues are advised to follow the advice in Question 2O and inform (‘cascade’) the self-declaration requirement to persons who are engaged [including by sub-contractors and third parties] by the contractor. This can be done by letting such colleagues or organisations know about the Pay Transparency Regulations guidance. NHSE also suggest that contracts may be updated to reflect this requirement.
GPC England will provide a further update in due course.