Variation provisions specific to a contract with two or more individuals practising in partnership
104.—(1) Subject to sub-paragraph (4), where a contractor consists of two or more individuals practising in partnership in the event that the partnership is terminated or dissolved, the contract shall only continue with one of the former partners if that partner is —
(a)nominated in accordance with sub-paragraph (3); and
(b)a medical practitioner who meets the condition in regulation 4(2)(a),
and provided that the requirements in sub-paragraphs (2) and (3) are met.
(2) A contractor shall notify the Local Health Board in writing at least 28 days in advance of the date on which the contractor proposes to change its status from that of a partnership to that of an individual medical practitioner pursuant to sub-paragraph (1).
(3) A notice under sub-paragraph (2) shall —
(a)specify the date on which the contractor proposes to change its status from that of a partnership to that of an individual medical practitioner;
(b)specify the name of the medical practitioner with whom the contract will continue, which must be one of the partners; and
(c)be signed by all of the persons who are practising in partnership.
(4) If a partnership is terminated or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, sub-paragraphs (1), (2) and (3) shall not apply and ?
(a)the contract shall continue with the individual who has not died only if that individual is a medical practitioner who meets the condition in regulation 4(2)(a); and
(b)that individual shall in any event notify the Local Health Board in writing as soon as is reasonably practicable of the death of his or her partner.
(5) When the Local Health Board receives a notice pursuant to sub-paragraph (2) or (4)(b) it shall, acknowledge in writing receipt of the notice, and in relation to a notice served pursuant to sub-paragraph (2), the Local Health Board shall do so before the date specified pursuant to sub-paragraph (3)(a).
(6) Where a contractor gives notice to the Local Health Board pursuant to sub-paragraph (2) or (4)(b), the Local Health Board may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from a partnership to an individual medical practitioner.
(7) If the Local Health Board varies the contract pursuant to sub-paragraph (6), it shall notify the contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.