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Paragraph 48 Contract sanctions

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

(1)

In this paragraph and paragraph 49, “contract sanction” means—

(a)

termination of specified reciprocal obligations under the contract;

(b)

suspension of specified reciprocal obligations under the contract for a period of up to 6 months; or

(c)

withholding or deducting monies otherwise payable under the contract.

(2)

Where the PCT is entitled to terminate the contract pursuant to this Part of this Schedule, it may instead impose any of the contract sanctions if it is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to its entitlement to terminate the contract.

(3)

If the PCT decides to impose a contract sanction, it must notify the contractor of the contract sanction that it proposes to impose, the date upon which that sanction will be imposed and provide in that notice an explanation of the effect of the imposition of that sanction.

(4)

Subject to paragraph 49, the PCT shall not impose the contract sanction until at least 28 days after it has served notice on the contractor pursuant to sub-paragraph (3), unless the PCT is satisfied that it is necessary to do so in order to—

(a)

protect the safety of the contractor’s patients; or

(b)

protect itself from material financial loss.

(5)

Where the PCT imposes a contract sanction, the PCT shall be entitled to charge the contractor the reasonable costs of additional administration that the PCT has incurred in order to impose, or as a result of imposing, the contract sanction.