37.—(1) This paragraph applies where the Health Board rejects the variation request in accordance with paragraph 36(3).
(2) The contractor and the Health Board may not refer the matter for determination in accordance with the NHS dispute resolution procedure (or, where applicable, commence court proceedings) until the assessment panel has given its determination in accordance with the following sub-paragraphs.
(3) The Health Board must ensure that an assessment panel is appointed by another Health Board as soon as is practicable to consider and determine whether the contractor should be permitted to vary its practice area.
(4) The Health Board must provide the assessment panel with such information as the assessment panel may reasonably require to enable the panel to reach a determination and must include in such information any written observations received from the contractor.
(5) Within a period of three months beginning with the date on which the Health Board rejected the variation request, the assessment panel must—
(a)approve the variation request; or
(b)reject the variation request,
and must notify the Health Board and the contractor of its determination in writing as soon as possible.
(6) Where the assessment panel approves a variation request in accordance with sub-paragraph (5)(a), it must specify the date from which the variation of the practice area takes effect.
(7) Where the assessment panel rejects the variation request in accordance with sub-paragraph (5)(b), the contractor may not request a further practice area variation under paragraph 36 until whichever is the later of the following dates—
(a)the expiry of a period of one year beginning with the date of the assessment panel’s determination; or
(b)(if applicable) the final determination of the NHS dispute resolution procedure (or any court proceedings).
(8) Any decision or determination by the assessment panel for the purposes of this paragraph may be reached by a majority.