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NHSPS Lease Regularisation - Direction 52 Requests

on Tuesday, 24 May 2022.

Under Direction 52 of the National Health Service (General Medical Service – Premises Costs) Directions 2013, GP practices can authorise NHSE/CCG to make direct payments of financial assistance to a third party for liabilities of the practice.

We have been notified by a number of practices that they have received letters requesting they sign a Direction 52 Agreement, under which NHSE/CCG will be permitted to make ongoing direct payments and retrospective direct payments (where funding has not been passed across to the practices) to NHSPS for rent, rates, clinical waste and water charges and some management fees (which the letters state have been reimbursed by NHSE/CCG since 18th August 2021) charged to the practices relating to their undocumented occupation of NHSPS Premises.

Key Points to Consider Before Signing Such a Direction 52 Request:

  1. Check the requests are correctly addressed to the Practice and clearly identify the relevant property and reimbursement arrangements to which the confirmation relates (particularly where practices occupy more than one Property).
  2. Practices who remain in dispute with NHSPS over historic changing arrangements/terms for a new lease should reserve their position in respect of such negotiations and not give NHSE/CCG authority to settle anything on behalf of the Practices.*
  3. Practices are being required by NHSE/CCG to treat this payment from the CCG/NHSE to NHSPS as income and the corresponding expenditure it is paying for as an expense in the practices’ accounts. It is therefore important you take the advice of your accountant before signing up to the Direction 52 Request.
  4. Practices can only revoke the Direction 52 Agreement by providing six months’ notice in writing to both the CCG and NHSPS.

These Direction 52 requests come as we await the outcome of test cases bought against NHSPS by undocumented occupiers in respect of the increased service charges and management fees since they took over the NHS Estate. The test cases were heard in March and April 2022 and the Judgment is expected in June 2022. 


*If you would like some support in reviewing and amending a Direction 52 request to reserve your practice's position, or to discuss regularising your occupation in NHSPS premises, please contact Rebecca Beardsley in our Commercial Property team on 07896 119385, or complete the form below.

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