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Paragraph 44 Termination by the PCT on grounds of suitability etc.

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

(1)

The PCT shall serve notice on the contractor terminating the contract forthwith, or from such date as may be specified in the notice, if, in the case of a contract with—

(a)

an individual, that individual;

(b)

two or more individuals practising in partnership, any individual or the partnership; or

(c)

a corporate body—

(i)

that body; or

(ii)

any director, chief executive or secretary of that body,

falls within sub-paragraph (2) during the existence of the contract.

(2)

A person falls within this sub-paragraph if—

(a)

it is the subject of a national disqualification or a contract disqualification order;

(b)

subject to sub-paragraph (3), it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;

(c)

subject to sub-paragraph (4), he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless, before the PCT has served a notice terminating the contract pursuant to this paragraph, he is employed by the health service body that dismissed him or by another health service body;

(d)

it is removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 151(2), (3) and (4) respectively) unless its name has subsequently been included in such a list;

(e)

he has been convicted in the United Kingdom of—

(i)

murder; or

(ii)

a criminal offence other than murder and has been sentenced to a term of imprisonment of over 6 months;

(f)

subject to sub-paragraph (5), he has been convicted outside the United Kingdom of an offence, which would if committed in England and Wales constitute—

(i)

murder; or

(ii)

a criminal offence other than murder, and been sentenced to a term of imprisonment of over 6 months;

(g)

he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (offences against children under the age of 17 years to which special provisions apply);

(h)

it has—

(i)

been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled;

(ii)

been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, unless that order has ceased to have effect or has been annulled;

(iii)

made a composition or arrangement with, or granted a trust deed for, its creditors unless it has been discharged in respect of it; or

(iv)

been wound up under Part IV of the Insolvency Act 1986;

(i)

there is—

(i)

an administrator, administrative receiver or receiver appointed in respect of it; or

(ii)

an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;

(j)

that person is a partnership and—

(i)

a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator; or

(ii)

an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership;

(k)

he has been—

(i)

removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or

(ii)

removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of any body;

(l)

he is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(m)

he has refused to comply with a request by the PCT for him to be medically examined on the grounds that it is concerned that he is incapable of adequately providing services under the contract and, in a case where the contract is with two or more individuals practising in partnership or with a corporate body, the PCT is not satisfied that the contractor is taking adequate steps to deal with the matter.

(3)

A PCT shall not terminate the contract pursuant to sub-paragraph (2)(b) where the PCT is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be, as the case may be—

(a)

a contractor;

(b)

in the case of a contract with two or more individuals practising in partnership, a partner; or

(c)

in the case of a contract with a corporate body, a director, chief executive or secretary of that body.

(4)

A PCT shall not terminate the contract pursuant to sub-paragraph (2)(c)—

(a)

until a period of at least 3 months has elapsed since the date of the dismissal of the person concerned; or

(b)

if during the period of time specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of his dismissal, until proceedings before that tribunal or court are concluded,

and the PCT may only terminate the contract at the end of the period specified in sub-paragraph (b) if there is no finding of unfair dismissal at the end of those proceedings.

(5)

A PCT shall not terminate the contract pursuant to sub-paragraph (2)(f) where the PCT is satisfied that the conviction does not make the person unsuitable to be, as the case may be—

(a)

a contractor;

(b)

in the case of a contract with two or more individuals practising in partnership, a partner; or

(c)

in the case of a contract with a corporate body, a director, chief executive or secretary of that body.