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The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004

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Carry-over of disputes between default and general medical services contracts

51.—(1) Where—

(a)on or before the date on which a default contract ceases to have effect, a default contractor has referred a dispute arising out of or in connection with the default contract, other than one to which article 66 applies, to be determined in accordance with the NHS dispute resolution procedure; and

(b)on the date on which the default contract ceases to have effect, that dispute has not been determined or withdrawn,

the adjudicator shall in determining the dispute consider the relevance of his or her determination to the general medical services contract which took effect immediately after the default contract ceased to have effect and, if he or she considers that his or her determination is relevant to that general medical services contract, he or she shall determine the dispute as if it were a dispute referred to him or her by the general medical services contractor under the NHS dispute resolution procedure contained in the general medical services contract.

(2) In this article “adjudicator” means the Assembly or a person or persons appointed by the Assembly under section 4(5) of the 1990 Act or paragraph 99(5) of Schedule 6 to the 2004 Regulations.

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