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The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

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Termination and the NHS dispute resolution procedure

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110.—(1) Where the Health Board is entitled to serve written notice on the contractor terminating the contract pursuant to paragraphs 101 to 108 the Health Board must, in the notice served on the contractor pursuant to those provisions, specify a date on which the contract terminates that is not less than 28 days after the date on which the Health Board has served that notice on the contractor unless sub‑paragraph (2) applies.

(2) This sub‑paragraph applies if the Health Board is satisfied that a period of less than 28 days is necessary in order to—

(a)protect the safety of the contractor’s patients; or

(b)protect itself from material financial loss.

(3) In a case falling within sub‑paragraph (1), where the exceptions in sub‑paragraph (2) do not apply, where the contractor invokes the local dispute resolution process before the end of the period of notice referred to in sub‑paragraph (1), and it notifies the Health Board in writing that it has done so, the contract will not terminate at the end of the notice period but instead may only terminate in the circumstances specified in sub‑paragraph (4).

(4) The contract may only terminate if and when—

(a)there has been a resolution of the dispute between the parties which allows the Health Board to terminate the contract;

(b)there has been no resolution of the dispute between the parties as a result of the local dispute resolution process and the contractor does not refer the matter to the Scottish Ministers under paragraph 91 or 92 within 28 days of the end of the period specified in—

(i)paragraph 89(8); or

(ii)the date on which the local dispute resolution process was completed,

whichever is the earlier; or

(c)either party refers the matter to the Scottish Ministers under paragraph 90 or 91 within the period specified in sub-paragraph (b) and either—

(i)there has been a determination of the dispute pursuant to paragraph 92 and that determination permits the Health Board to terminate the contract; or

(ii)the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(5) If the Health Board is satisfied that it is necessary to terminate the contract before the local dispute resolution procedure or the NHS dispute resolution procedure is concluded in order to—

(a)protect the safety of the contractor’s patients; or

(b)protect itself from material financial loss,

sub‑paragraphs (3) and (4) will not apply and the Health Board is entitled to confirm, by written notice to be served on the contractor, that the contract will nevertheless terminate at the end of the period of the notice it served pursuant to paragraphs 101 to.

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