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Paragraph 38 Termination on the death of an individual contractor

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the contract is with an individual who dies, the contract shall terminate at the end of the period of 7 days after the date of death unless, before the end of that period—

(a)

subject to sub-paragraph (2), the PCT has agreed in writing with the contractor’s personal representatives that the contract should continue for a further period, not exceeding 3 months, after the end of the period of 7 days; and

(b)

the contractor’s personal representatives have notified the PCT that they are employing one or more ophthalmic practitioners to perform ophthalmic services under the contract throughout the period for which it continues.

(2)

Where the PCT is of the opinion that another contractor may wish to enter into a contract in respect of the services which were provided by the deceased, the 3 month period referred to in sub-paragraph (1)(a) may be extended by a period not exceeding 6 months as may be agreed.

(3)

Sub-paragraph (1) does not affect any other rights to terminate the agreement which the PCT may have under this Part of this Schedule.