The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Carry over of disputes relating to out of hours arrangements between default contracts and general medical services contracts

88.—(1) Where—

(a) on or before the date on which a default contract ceases to have effect, a default contractor has referred a dispute to be determined in accordance with the NHS dispute resolution procedure under the terms of its default contract equivalent to paragraph 2(5), 4(8) or 6(5) of Schedule 7 to the 2004 Regulations;

(b) on the date on which the default contract ceases to have effect, that dispute has not been determined or withdrawn; and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,

paragraph (2) shall apply.

(2) The dispute shall continue to be dealt with as if it were a dispute referred under the NHS dispute resolution procedure contained in the general medical services contract relating to—

(a) a refusal of an application under the term of the general medical services contract giving effect to paragraph 2 of Schedule 7 to the 2004 Regulations;

(b) a determination of the Primary Care Trust under the term of the general medical services contract giving effect to paragraph 4 of that Schedule; or

(c) an immediate withdrawal of approval under the term of the general medical services contract giving effect to paragraph 6 of that Schedule.