5.—(1) A person who has been notified by a Health Board under article 3(9) or 4(9) of its refusal to enter into a GMS contract may appeal to the Scottish Ministers by giving notice in writing to the Scottish Ministers within a period of 28 days beginning on the day that the Health Board notified that person of the refusal.
(2) Any appeal referred to the Scottish Ministers in accordance with paragraph (1) shall be determined in accordance with–
(a)the NHS dispute resolution procedure, as if in Schedule 5 to 2004 Regulations–
(i)paragraph 91(1) and (2) were omitted;
(ii)in paragraph 91(3) “ a dispute as mentioned in sub-paragraph (1)” read “an appeal in accordance with article 5(1) of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004”;
(iii)paragraph 91(3)(b) and (c) read–
“(b)a copy of the notification received from the Health Board under article 3(9) or 4(9) of the General Medical Services Transitional and Other Ancillary Provisions (Scotland) Order 2004;
(c)a brief statement of the grounds for appeal.”;
(iv)paragraphs 91(4) and 92(2) were omitted; and
(b)paragraph (3) of this article.
(3) The adjudicator may, when determining the appeal require the Health Board to enter into a GMS contract with the prospective contractor on terms to be agreed between the parties or, where necessary, determined under the pre-contract dispute resolution procedure under regulation 9 of the 2004 Regulations but may not require the prospective contractor to proceed with the contract.