The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004

Effect of termination of a default contract on entitlement to enter into a general medical services contract under articles 3 or 5

7.—(1) Any entitlement which a person may have under articles 3 or 5 to enter into a general medical services contract with a Local Health Board after 31st March 2004 shall be extinguished if any default contract with that Local Health Board to which he or she was a party (whether as an individual medical practitioner or as one of two or more individuals practising in partnership) has been terminated other than in the circumstances specified in paragraph (2).

(2) The circumstances referred to in paragraph (1) are that the default contract has been terminated by agreement between the parties in order to enable those parties to enter into a general medical services contract.

(3) Where—

(a) a person has lost his or her entitlement to enter into a general medical services contract under paragraph (1);

(b) the default contractor has, within 28 days of the date of the notice of termination served on him by the Local Health Board, referred the termination of the default contract to the Assembly to consider and determine under the dispute resolution procedure contained in the default contract; and

(c) the Assembly has determined that the Local Health Board should not have terminated the default contract,

that person’s entitlement to enter into a general medical services contract shall be restored as if the default contract had not been terminated.

(4) A person to whom paragraph (3) applies shall be entitled to exercise his or her entitlement to enter into a general medical services contract until—

(a) the end of the period of 6 weeks after the date on which he was notified of the Assembly’s determination that the Local Health Board should not have terminated the default contract; or

(b) in a case where either party has, before the end of the period of six weeks referred to in sub-paragraph (a), referred the terms of the general medical services contract to the Assembly to consider and determine under section 4(4) of the 1990 Act or regulation 9 of the 2004 Regulations but that dispute has not been determined or withdrawn, the end of the period of 28 days from the date on which the parties were notified of the determination of that dispute or the dispute was withdrawn,

unless article 11 applies.