Paragraph 31 Termination and the NHS dispute resolution procedure

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

Sch. 2 para. 6(6) words omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(a)(i)
sch 2 rev in pt (19.1.2007) by National Health Service (Pharmaceutical Services) 2006 reg 7
Sch. 2 para. 1(1)(c) added by Local Involvement Networks 2008 reg. 8
Sch. 2 para. 25 substituted by Local Authority Social Services and National Health Service Complaints 2009 Sch. para. 2
sch 2 am by National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) 2009 regs 29, 34
Sch. 2 para. 18 words substituted by National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) 2010 reg. 11(c)
Sch. 2 para. 29(2)(h)(i) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(a)(i)
Sch. 2 para. 29(2)(h)(i) words omitted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(a)(ii)
Sch. 2 para. 29(2)(h)(i) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(a)(iii)
Sch. 2 para. 29(2)(h)(ii) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(b)
Sch. 2 para. 6(6)(f) words omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(a)(ii)
Sch. 2 para. 6(7) omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(b)
Sch. 2 para. 6(8)(a) omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(c)
Sch. 2 para. 6(8A) inserted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(d)
Sch. 2 para. 1(1)(b) omitted by Local Involvement Networks 2008 Sch. para. 11(4)

(1)

Where the Primary Care Trust is entitled to serve written notice on the contractor terminating the scheme pursuant to paragraph 29 or 30, it must, in the notice served on the contractor pursuant to those provisions, specify a date on which the scheme terminates that is not less than 28 days after the date on which the Primary Care Trust has served that notice on the contractor, unless sub-paragraph (2) applies.

(2)

This sub-paragraph applies if the Primary Care Trust is satisfied that a period less than 28 days is necessary in order to—

(a)

protect the safety of the contractor’s patients; or

(b)

protect itself from material financial loss.

(3)

In a case falling within sub-paragraph (1), where—

(a)

the exceptions in sub-paragraph (2) do not apply;

(b)

the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1); and

(c)

the contractor notifies the Primary Care Trust in writing that it has done so,

subject to paragraph (5), the scheme shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in sub-paragraph (4).

(4)

Subject to paragraph (5), the scheme shall only terminate if and when—

(a)

there has been a determination of the dispute pursuant to paragraph 23 and that determination permits the Primary Care Trust to terminate the scheme; or

(b)

the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(5)

If the Primary Care Trust is satisfied that it is necessary to terminate the scheme before the NHS dispute resolution procedure is concluded in order to—

(a)

protect the safety of the contractor’s patients; or

(b)

protect itself from material financial loss,

sub-paragraphs (3) and (4) shall not apply and the Primary Care Trust shall be entitled to confirm, by written notice to be served on the contractor, that the scheme will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 29(1) or 30.