Article 7 Appeal against refusal to enter into a contract as a consequence of a suspension
A person who has been notified by a Local Health Board under article 4(5) or 5(5) of its refusal to enter into a general dental services contract may appeal to the National Assembly for Wales by giving notice in writing to the National Assembly for Wales within a period of six weeks beginning on the day that the Local Health Board notified him or her of the refusal.
A notice of appeal under paragraph (1) will include—
the names and addresses of the parties to the dispute;
a copy of the notification received from the Local Health Board under article 4(5) or 5(5); and
a brief statement of the grounds for appeal.
The National Assembly for Wales may determine the appeal itself or, if it considers it appropriate, appoint a person or persons to consider and determine it.
Before reaching a decision as to who should determine the dispute, the National Assembly for Wales will, within the period of seven days beginning with the date on which the notice of appeal was sent to it, send a written request to the parties to make in writing, within a specified period, any representations which they may wish to make about the matter.
The National Assembly for Wales will give, with the notice under paragraph (4), to the Local Health Board which is a party to the appeal, a copy of the notice of appeal.
The National Assembly for Wales will—
give a copy of any representations received from a party to the other party; and
in each case request (in writing) a party to whom a copy of the representations is given to make, within a specified period, any written observations on those representations.
Following receipt of any representations from the parties or, if earlier, at the end of the period for making such representations specified in the request sent under paragraph (4) or (6), the National Assembly for Wales will, if it decides to appoint a person or persons to consider and determine the dispute—
inform the parties in writing of the name of the person or persons whom it has appointed; and
pass to the person or persons so appointed any documents received from the parties pursuant to paragraph (2), (4) or (6).
For the purpose of assisting it, him or her in its, his or her consideration of the matter, the adjudicator may—
invite representatives of the parties to appear before it, him or her to make oral representations either together or, with the agreement of the parties, separately, and may in advance provide the parties with a list of matters or questions to which it, he or she wishes them to give special consideration; or
consult other persons whose expertise it, he or she considers will assist it, him or her in its, his or her consideration of the matter.
Where the adjudicator consults another person under paragraph (8)(b), it, he or she will notify the parties accordingly in writing and, where it, he or she considers that the interests of any party might be substantially affected by the results of the consultation, it, he or she will give to the parties such opportunity as it, he or she considers reasonable in the circumstances to make observations on those results.
In considering the matter, the adjudicator will consider—
any written representations made in response to a request under paragraph (4), but only if they are made within the specified period;
any written observations made in response to a request under paragraph (6), but only if they are made within the specified period;
any oral representations made in response to an invitation under paragraph (8)(a);
the results of any consultation under paragraph (8)(b); and
any observations made in accordance with an opportunity given under paragraph (9).
In this article, “specified period” means such period as the National Assembly for Wales will specify in the request, being not less than two, nor more than four, weeks beginning with the date on which the notice referred to is given, but the National Assembly for Wales may, if it considers that there is good reason for doing so, extend any such period (even after it has expired) and, where it does so, a reference in this article to the specified period is to the period as so extended.
The adjudicator may, when determining the appeal require the Local Health Board to enter into a general dental services contract with the prospective contractor on terms to be agreed between the parties or, where necessary, determined under the pre-contract dispute resolution procedure in section 4(4) of the 1990 Act (NHS contracts) or under regulation 8 of the GDS Contracts Regulations (pre-contract disputes) (whichever is applicable) but may not require the prospective contractor to proceed with the contract.
The adjudicator will record it, his or her determination in writing and will give notice of the determination (including the record of the reasons) to the parties.
The determination of the adjudicator will be binding upon the parties.
Subject to the other provisions of this article, the adjudicator will have wide discretion in determining the procedure of the appeal to ensure the just, expeditious, economical and final determination of the dispute.
In this article, “adjudicator” means the National Assembly for Wales or a person or persons appointed by it under this article.