12. Where a person, who is entitled to enter into a GMS contract on and after 1st April 2004 under article 3, 4, 8 or 10, has not entered into a default contract with a Health Board, that person’s entitlement to enter into a GMS contract with that Health Board shall be extinguished if, on or after 1st April 2004, that person (or, in the case of a partnership, any partner in that partnership) falls within paragraph 101(2) of Schedule 5 to the 2004 Regulations unless–
(a)the Health Board is satisfied of the matters in sub paragraphs (3) or (5) of that paragraph; or
(b)that person falls within sub paragraph (2)(d) of that paragraph and the period specified in sub paragraph (4) of that paragraph has not expired.