Paragraph 35 Rejection of an application to close a list of patients

(1)

Where F1NHS England rejects an application to close a contractor's list of patients it must—

(a)

give notice in writing to the contractor of its decision as soon as possible, including NHS England's reasons for rejecting the application; and

(b)

at the same time as it gives notice to the contractor, send a copy of the notice to—

(i)

the Local Medical Committee (if any) for the area in which the contractor provides services under the contract, and

(ii)

any person who NHS England consulted in accordance with paragraph 33(8).

(2)

Subject to sub-paragraph (3), if NHS England rejects an application from a contractor to close its list of patients, the contractor must not make a further application to close its list of patients until whichever is the later of—

(a)

the end of the period of three months beginning with the date on which NHS England's decision to reject the application was made; or

(b)

in a case where a dispute arising from NHS England's decision to reject the application has been referred to the NHS dispute resolution procedure, the end of the period of three months beginning with the date on which a final determination to reject the application was made in accordance with that procedure (or any court proceedings).

(3)

A contractor may make a further application to close its list of patients where there has been a change in the circumstances of the contractor which affects the contractor's ability to deliver services under the contract.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1