3 Relevant non-clinical partners in partnerships entering into GMS contracts following default contracts after this Order comes into force
A relevant non-clinical partner who is a partner in a partnership that enters into a general medical services contract—
(a) after this Order comes into force; but
(b) which takes effect for payment purposes on 1st April 2004 (which will be the case for general medical services contracts which follow default contracts),
is hereby deemed to be an NHS employee for the purposes of section 28S(2)(b)(i) of the 1977 Act (persons eligible to enter into GMS contracts) at the time at which the partnership enters into that general medical services contract and up until and including the time (if different) at which the general medical services contract takes effect otherwise than for payment purposes.
Section 28S was inserted by section 175 of the Health and Social Care (Community Health and Standards) Act 2003.