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

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Effect of termination of a default contract on entitlement to enter into a GMS contract under articles 3 or 4

7.—(1) Any entitlement which a person may have under articles 3 or 4 to enter into a GMS contract with a Health Board on and after 1st April 2004 shall be extinguished if any default contract with that Health Board to which that person was a party 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 GMS contract.

(3) Where–

(a)a person has lost their entitlement to enter into a GMS contract under paragraph (1);

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

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

that person’s entitlement to enter into a GMS 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 that person’s entitlement to enter into a GMS contract until–

(a)the end of the period of 6 weeks after the date on which that person was notified of the adjudicator’s determination that the 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 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to consider and determine under regulation 9 of the 2004 Regulations but that dispute has not been determined or withdrawn, the end of the period of 28 days from the date on which the parties were notified of the determination of that dispute or the dispute was withdrawn,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.

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