The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004

Entitlement to a GMS contract following appeal under article 9

10.—(1) Where, following an appeal dealt with under article 9, the Health Board reconsider the application and determine that a medical practitioner should have been selected for that vacancy, that medical practitioner shall–

(a) be added to the primary medical services performers list of the Health Board; and

(b) subject to paragraph (2), be entitled to enter into a GMS contract with the Health Board as an individual medical practitioner or as a partner in a partnership.

(2) A person who is entitled to enter into a GMS contract under paragraph (1) shall, subject to article 12, only continue to be so entitled until–

(a) the end of the period of 6 weeks after receiving notice of the determination of the Health Board following its reconsideration of the application; or

(b) in a case where either party has, before the end of the period of 6 weeks referred to in sub paragraph (a), referred the terms of the GMS contract to the Scottish Ministers to consider and determine under regulation 9 of the 2004 Regulations but that dispute has not been determined or withdrawn, the end of the period of 28 days from the date on which the parties were notified of the determination of that dispute or the dispute was withdrawn,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.