Rejection of closure notice by the Local Health Board
31.—(1) This regulation applies where the Local Health Board rejects the closure notice in accordance with paragraph 29(12) (b).
(2) The contractor and the Local Health Board may not refer the matter for determination in accordance with the NHS dispute resolution procedure (or, where applicable, commence court proceedings) until the assessment panel has given its determination in accordance with the following sub-paragraphs.
(3) The Local Health Board must ensure that the assessment panel is appointed as soon as is practicable to consider and determine whether the contractor should be permitted to close its list of patients, and if so, the terms on which it should be permitted to do so.
(4) The Local Health Board shall provide the assessment panel with such information as the assessment panel may reasonably require to enable it to reach a determination and shall include in such information any written observations received from the contractor.
(5) The members of the assessment panel shall be —
(a)the Chief Executive of the Local Health Board of which the assessment panel is a committee or sub-committee;
(b)a person representative of patients in an area other than that of the Local health Board which is a party to the contract; and
(c)a person representative of a Local Medical Committee which does not represent practitioners in the area of the Local Health Board which is a party to the contract.
(6) At least one member of the assessment panel shall visit the contractor before reaching a determination under sub-paragraph (7).
(7) Within the period of 28 days beginning with the date on which the Local Health Board rejected the closure notice, the assessment panel shall —
(a)approve the list closure; or
(b)reject the list closure,
and shall notify the Local Health Board and the contractor of its determination in writing as soon as possible.
(8) Where the assessment panel determines in accordance with sub-paragraph (7)(a) that the contractor’s list of patients should close, it shall specify —
(a)a date from which the closure shall take effect, which must be within a period of 7 days beginning with the date of the assessment panel’s determination; and
(b)those details specified in paragraph 29(8).
(9) Where the assessment panel determines in accordance with sub-paragraph (7)(b) that the contractor’s list of patients may not close, that list shall remain open, and the Local Health Board and the contractor shall enter into discussions with a view to ensuring that the contractor receives support from the Local Health Board which will enable it to continue to provide services safely and effectively.
(10) Where the assessment panel determines in accordance with sub-paragraph (7)(b) that the contractor’s list of patients may not close, the contractor may not submit a further closure notice as described in paragraph 29 until —
(a)the expiry of a period of three months beginning with the date of the assessment panel’s determination; or
(b)(if applicable) the final determination of the NHS dispute resolution procedure (or any court proceedings),
whichever is the later, unless there has been a change in the circumstances of the contractor which affects its ability to deliver services under the contract.