The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

References to the NHS dispute resolution procedure in general medical services contracts which follow default contracts

71.  Where–

(a) on or before the date on which a default contract ceases to have effect, a default contractor has received notice of–

(i) the refusal of an application for approval of an out of hours arrangement under the term of its contract equivalent to paragraph 2(4) of Schedule 6 to the 2004 Regulations;

(ii) a determination of a Health Board under the term of its contract equivalent to paragraph 4(6) of Schedule 6 to the 2004 Regulations which gives notice of immediate withdrawal of approval; or

(iii) immediate withdrawal of approval under the term of its contract equivalent to paragraph 5(1)(b) of that Schedule;

(b) on the date on which the default contract ceases to have effect–

(i) the 30 days for referring that matter in accordance with the NHS dispute resolution procedure has not expired; and

(ii) no referral under that procedure has yet been made; and

(c) the default contractor has entered into a general medical services contract which takes effect immediately after the default contract ceases to have effect,

the refusal or notice shall be treated, for the purposes of referring the matter in accordance with the NHS dispute resolution procedure contained in the general medical services contract, as if it were a refusal or notice of withdrawal given under the equivalent terms of the general medical services contract and the general medical services contractor may refer the matter in accordance with that dispute resolution procedure before the end of the period of 30 days beginning with the day on which the Health Board sent the notice of refusal, determination, or, as the case may be, withdrawal, to the default contractor.