Entitlement to a contract under Article 5(3) of the Order
13.—(1) For the purposes of Article 5(3) of the Order, the circumstances in which a Board must enter into a contract for the provision of medical services (in this Order referred to as a default contract) are those set out in this Article.
(2) Subject to paragraphs (5) and (6), a Board must, if a person so wishes, enter into a default contract with him as an individual medical practitioner if he –
(a)is, on 31st March 2004, entitled to enter into a general medical services contract under Article 3(1); and
(b)on or before 31st March 2004 –
(i)has not entered into a general medical services contract with that Board as an individual medical practitioner or as one of two or more individuals practising in partnership, or
(ii)is not a legal and beneficial shareholder in a company which has entered into such a contract with that Board.
(3) A Board must, if a person so wishes, enter into a default contract with him as one of two or more individuals practising in partnership if he –
(a)is, on 31st March 2004, entitled to enter into a general medical services contract under Article 5; and
(b)on or before 31st March 2004 –
(i)has not entered into a general medical services contract with that Board as an individual medical practitioner or one of two or more individuals practising in partnership, or
(ii)is not a legal and beneficial shareholder in a company which has entered into such a contract with that Board.
(4) A contract entered into pursuant to paragraph (2) or (3) must –
(a)commence on 1st April 2004 or within 14 days of determination of an appeal under paragraph (9); and
(b)be on the terms set out, or agreed in accordance with any options set out, in the Default Contract 2004 dated 24th March(1).
(5) A Board shall only be required to enter into a default contract under paragraph (2) with a person for whom, on 31st March 2004 (or on the date on which the contract is to be signed if earlier) it has in place temporary arrangements under regulation 24(6) of the 1997 Regulations, if it is satisfied, on the date that the contract is to be signed, that he is able to provide (but not perform) services under the contract.
(6) A Board shall only be required to enter into a default contract under paragraph (2) with a person who is, on 31st March 2004 (or on the date on which the contract is to be signed if earlier) suspended from the Medical Register in the circumstances specified in Article 3(4) or suspended from its medical list, if it is satisfied, on the date that the contract is to be signed, that –
(a)in the case of a suspension on grounds relating to the practitioner’s physical or mental health, he is able to provide (but not perform) services under the contract;
(b)having regard to the grounds of suspension, the letting of the contract would not –
(i)put at risk the safety of the contractor’s patients, or
(ii)be prejudicial to the efficiency of the provision of primary medical services in the area of the Board; and
(c)the practitioner has in place adequate arrangements for the provision of services under the contract during the period of his suspension.
(7) Whenever a Board is considering refusing to enter into a default contract under paragraph (5) or (6) it shall consult the Local Medical Committee (if any) for its area before making its decision.
(8) Where a Board refuses to enter into a default contract pursuant to paragraph (5) or (6) it shall notify the prospective contractor in writing of its decision, its reasons for that decision and of the practitioner’s right of appeal.
(9) Article 4 (appeal against refusal of a contract) shall apply to a refusal of a default contract by a Board under this Article subject to the modifications that –
(a)the references to notification under Article 3(8) in paragraphs (1) and (2) shall be read as references to notification under paragraph (8) of this Article; and
(b)the reference to a general medical services contract in paragraph (12) shall be read as a reference to a default contract.
The Default Contract 2004 is published by the Department of Health, Social Services and Public Safety. It is available on the Department’s website at www.dhsspsni.gov.uk/hss/gpcontracts or a copy can be obtained by writing to the Department of Health, Social Services and Public Safety, Room D 3.21, Castle Buildings, Stormont Estate, Belfast BT4 3SQ