SCHEDULE 2Other required terms
PART 3List of patients: closure etc.
Rejection of an application to close a list of patients34
1
Where the Board rejects an application to close a contractor’s list of patients, the Board must—
a
give notice in writing to the contractor of its decision as soon as possible and the notice must include the Board’s reasons for rejecting the application; and
b
at the same time as the Board gives notice to the contractor, send a copy of the notice to—
i
the Local Medical Committee (if any) for the area in which the contractor provides services under the agreement, and
ii
any person who the Board consulted in accordance with paragraph 32(8).
2
Subject to sub-paragraph (3), if the Board decides to reject an application from a contractor to close its list of patients, the contractor may not make a further application to close its list of patients until whichever is the later of—
a
the end of the period of three months beginning with the date on which the Board’s decision to reject the application was made; or
b
in a case where a dispute arising from the Board’s decision to reject the application has been referred to the NHS dispute resolution procedure, the end of the period of three months beginning with the date on which a final determination to reject the application was made in accordance with that procedure (or any court proceedings).
3
A contractor may make a further application to close its list of patients where there has been a change in the circumstances of the contractor which affects the contractor’s ability to deliver services under the agreement.