Paragraph 39 Assignment of patients to list of patients: open and closed lists

assign a new patient to a contractor whose list of patients is open; and

only assign a new patient to a contractor whose list of patients is closed in the circumstances specified in sub-paragraph (2).

the assessment panel has determined under paragraph 41(7) that new patients may be assigned to the contractor in question, and that determination has not been overturned either by a determination of the Secretary of State under paragraph 42(13) or (where applicable) by a court; and

NHS England has entered into discussions with the contractor in question regarding the assignment of new patients if such discussions are required under paragraph 43.