Paragraph 43 Assignments to closed lists: assignments of patients by NHS EnglandF1

(1)

Before NHS England assigns a new patient to a contractor, NHS England must, subject to sub-paragraph (3)—

(a)

enter into discussions with the contractor regarding the additional support that NHS England can offer the contractor; and

(b)

use its best endeavours to provide such appropriate support.

(2)

In the discussions referred to in sub-paragraph (1)(a), both parties must use reasonable endeavours to reach agreement.

(3)

The requirement in sub-paragraph (1)(a) to enter into discussions applies—

(a)

to the first assignment of a patient to a particular contractor; and

(b)

to any subsequent assignment to that contractor to the extent that it is reasonable and appropriate having regard to—

(i)

the numbers of patients who have been or may be assigned to it, and

(ii)

the period of time since the last discussions under sub-paragraph (1)(a) took place.

Annotations

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