Consultants on the 'new' contract (after 1 April 2004), Associate specialists (2008) and Specialty doctors
- Consultants - see schedules 10 and 11 of the consultants' terms & conditions of service (England) 2009
- Associate Specialists - see schedules 11 and 12 of the terms & conditions of service for associate specialists (England) 2008
- Specialty doctors - see schedules 11 and 12 of the terms & conditions of service for specialty doctors (England) 2008.
Depending on the agreements individual consultants, associate specialist or specialty doctors have made within their contracts of employment, none of the three relevant terms and conditions of service prevent the claiming of Section 12 fees and contain the same principles governing the receipt of additional fees.
An underlying principle of all three contracts is that doctors should not be paid twice for the work they do as work undertaken during Programmed Activities (PAs) will not attract additional fees.
This principle applies in equal measure when remunerated by an on-call supplement as part of PA work.
The doctor undertaking fee-paying work can keep the fee owed if they are doing the work in their own time, that means, not in NHS PAs, or if they 'time-shift' so that their NHS work is unaffected, or if the work is, by agreement, only minimally disruptive to NHS activities.
It can be quite complicated to understand the criteria. To make things easier, we have higlighted different scenarios you may encounter.
Download our flow chart
Check the contracts section
Section 12 fees
Although the England and Wales Mental Health Act 2007 has not changed the eligibility for Section 12 fees, consultant psychiatrists should still check their individual contract to determine whether they are entitled to payment.