Paragraph 67 Other grounds for termination by NHS EnglandF1

during the existence of a contract; or

if later, on or after the date on which a notice in respect of the contractor's compliance with the condition in regulation 6 was given under paragraph 50(1)(a) or (b) or 51(1).

where the contract is with a general medical practitioner, to that general medical practitioner;

where the contract is with two or more persons practising in partnership, to the partnership or any partner in the partnership; and

where the contract is with a company limited by shares to—

the contractor does not satisfy the conditions prescribed in sections 86(2) or 86(3) of the Act M1 (persons eligible to enter into GMS contracts);

the contractor is the subject of a national disqualification;

subject to sub-paragraph (5), the contractor has been disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill health) from practising by a licensing body anywhere in the world;

subject to sub-paragraph (6), the contractor has been dismissed (otherwise than by reason of redundancy) from employment by a health service body unless, before NHS England has given notice to the contractor terminating the contract under this paragraph, the contractor is employed by the health service body from which the contractor was dismissed or by another health service body;

the contractor has been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 151(2), (3) and (4) of the Act M2 respectively) unless the contractor's name has subsequently been included in such a list;

the contractor has been convicted in the United Kingdom of murder;

the contractor has been convicted in the United Kingdom of a criminal offence other than murder and has been sentenced to a term of imprisonment of longer than six months;

subject to sub-paragraph (7), the contractor has been convicted elsewhere of an offence which would, if it were committed in England and Wales constitute murder, and—

the contractor has been convicted of an offence, referred to in Schedule 1 to the Children and Young Persons Act 1933 M3 (offences against children and young persons, with respect to special provisions of this Act apply), or in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M4 (offences against children under the age of 17 years to which special provisions apply);

the contractor has at any time been included in—

unless the contractor was removed from the list either on the grounds that it was not appropriate for the contractor to have been included in it or as the result of a successful appeal;

the contractor has, within the period of five years before the signing of the contract, been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission, the Charity Commission for Northern Ireland or the High Court, and that order was made on the grounds of misconduct or mismanagement in the administration of a charity for which the contractor was responsible or to which the contractor was privy, or which was contributed to, or facilitated by, the contractor's conduct;

the contractor has, within the period of five years before the signing of the contract or commencement of the contract (whichever is earlier), been removed from being concerned with the management or control of a body in any case where removal was by virtue of section 34(5)(e) of the Charities and Trustees Investment (Scotland) Act 2005 M7 (powers of Court of Session); or

the contractor—

the contractor is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 M8 (bankruptcy restrictions order and undertaking), or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 M9 (bankruptcy restrictions order and undertaking) or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 M10 (bankruptcy restrictions order, interim bankruptcy restrictions order and bankruptcy restrictions undertaking), unless the contractor has been discharged from that order or that order has been annulled;

the contractor—

the contractor has made a composition agreement or arrangement with, or a trust deed has been granted for, the contractor's creditors and the contractor has not been discharged in respect of it;

the contractor is a company which has been wound up under Part IV of the Insolvency Act 1986 M13 (winding up of companies registered under the Companies Acts);

the contractor has had an administrator, administrative receiver or receiver appointed in respect of it;

the contractor has had an administration order made in respect of the contractor under Schedule B1 to the Insolvency Act 1986 M14 (administration);

the contractor is a partnership and—

the contractor is subject to—

the contractor has refused to comply with a request by NHS England for the contractor to be medically examined because NHS England is concerned that the contractor is incapable of adequately providing services under the contract and, in a case where the contract is with two or more individuals practising in partnership or with a company, NHS England is satisfied that the contractor is taking adequate steps F6to deal with the matter; or

the contractor’s registration with the Care Quality Commission has been cancelled in accordance with section 17(1) of the Health and Social Care Act 2008, and that cancellation is the final decision of the Commission, or, where an appeal has been launched, is the outcome of that appeal.

a contractor;

a partner, in the case of a contract with two or more persons practising in a partnership; or

in the case of a contract with a company limited by shares—

until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

if, during the period specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of the person's dismissal, until proceedings before that tribunal or court are concluded,

a contractor;

a partner, in the case of a contract with two or more persons practising in partnership; or

in the case of a contract with a company limited by shares—