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Paragraph 42 Termination by the PCT: contractor’s inability to perform services

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

(1)

Where a contractor is an individual who is an ophthalmic practitioner and ceases to be able to perform as an ophthalmic practitioner by virtue of a suspension specified in sub-paragraph (2), the PCT shall serve notice on the contractor terminating the contract forthwith unless—

(a)

the contractor is able to satisfy the PCT that it has in place adequate arrangements for the provision of ophthalmic services under the contract for so long as the suspension continues; and

(b)

the PCT is satisfied that the circumstances of the suspension are such that if the contract is not terminated forthwith—

(i)

the safety of the contractor’s patients is not at serious risk; and

(ii)

the PCT is not at risk of material financial loss.

(2)

The suspensions referred to in sub-paragraph (1) are—

(a)

suspension of the ophthalmic practitioner by his licensing body; or

(b)

suspension of the ophthalmic practitioner from an ophthalmic performers list.