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Paragraph 31 Rejection of closure notice by the Primary Care Trust

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

(1)

This regulation applies where the Primary Care Trust rejects the closure notice in accordance with paragraph 29(12)(b).

(2)

The contractor and the Primary Care Trust may not refer the matter for determination in accordance with the NHS dispute resolution procedure (or, where applicable, commence court proceedings) until the assessment panel has given its determination in accordance with the following sub-paragraphs.

(3)

The Primary Care Trust must ensure that the assessment panel is appointed as soon as is practicable to consider and determine whether the contractor should be permitted to close its list of patients, and if so, the terms on which it should be permitted to do so.

(4)

The Primary Care Trust shall provide the assessment panel with such information as the assessment panel may reasonably require to enable it to reach a determination and shall include in such information any written observations received from the contractor.

(5)

The members of the assessment panel shall be—

(a)

the Chief Executive of the Primary Care Trust of which the assessment panel is a committee or sub-committee;

(b)

a person representative of patients in an area other than that of the Primary Care Trust which is a party to the contract; and

(c)

a person representative of a Local Medical Committee which does not represent practitioners in the area of the Primary Care Trust which is a party to the contract.

(6)

At least one member of the assessment panel shall visit the contractor before reaching a determination under sub-paragraph (7).

(7)

Within the period of 28 days beginning with the date on which the Primary Care Trust rejected the closure notice, the assessment panel shall—

(a)

approve the list closure; or

(b)

reject the list closure,

and shall notify the Primary Care Trust and the contractor of its determination in writing as soon as possible.

(8)

Where the assessment panel determines in accordance with sub-paragraph (7)(a) that the contractor’s list of patients should close, it shall specify—

(a)

a date from which the closure shall take effect, which must be within a period of 7 days beginning with the date of the assessment panel’s determination; and

(b)

those details specified in paragraph 29(8).

(9)

Where the assessment panel determines in accordance with sub-paragraph (7)(b) that the contractor’s list of patients may not close, that list shall remain open, and the Primary Care Trust and the contractor shall enter into discussions with a view to ensuring that the contractor receives support from the Primary Care Trust which will enable it to continue to provide services safely and effectively.

(10)

Where the assessment panel determines in accordance with sub-paragraph (7)(b) that the contractor’s list of patients may not close, the contractor may not submit a further closure notice as described in paragraph 29 until—

(a)

the expiry of a period of three months beginning with the date of the assessment panel’s determination; or

(b)

(if applicable) the final determination of the NHS dispute resolution procedure (or any court proceedings),

whichever is the later, unless there has been a change in the circumstances of the contractor which affects its ability to deliver services under the contract.