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The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023
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This version of this provision is prospective.
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Changes and effects yet to be applied to Schedule 3 Paragraph 110:
- Sch. 3 para. 110 coming into force by S.I. 2023/953 reg. 1(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 3 para. 16(3) inserted by S.I. 2023/1421 reg. 18(b)
- Sch. 5 para. 2(2)(a)(iv)(aa) omitted by S.I. 2023/1421 reg. 20(d)
- Sch. 5 para. 2(2)(a)(i)(aa) word substituted by S.I. 2023/1421 reg. 20(c)
Prospective
Variation provisions specific to a contract with an individual medical practitioner E+W
110.—(1) If a contractor which is an individual medical practitioner proposes to practise in partnership with one or more persons during the existence of the contract, the contractor must notify the Local Health Board in writing of—
(a)the name of the person or persons with whom it proposes to practise in partnership, and
(b)the date on which the contractor wishes to change its status as a contractor from that of an individual medical practitioner to that of a partnership which must not be less than 28 days after the date upon which it has served the notice on the Local Health Board pursuant to this sub-paragraph.
(2) A notice under sub-paragraph (1) must in respect of the person or each of the persons with whom the contractor is proposing to practise in partnership, and also in respect of itself as regards the matters specified in paragraph (c)—
(a)confirm that the person is either—
(i)a medical practitioner, or
(ii)a person who satisfies the conditions specified in section 44(2)(b)(i) to (iv) of the Act,
(b)confirm that the person satisfies the conditions imposed by regulations 5 and 6,
(c)state whether the partnership is to be a general partnership or a limited partnership and give the names of the limited partners and the general partners in the partnership, and
the notice must be signed by the individual medical practitioner and by the person, or each of the persons (as the case may be), with whom the medical practitioner is proposing to practise in partnership.
(3) The contractor must ensure that any person who is to practise in partnership with it is bound by the contract, whether by virtue of a partnership agreement or otherwise.
(4) If the Local Health Board is satisfied as to the accuracy of the matters specified in sub-paragraph (2) that are included in the notice, the Local Health Board must give notice in writing to the contractor confirming that the contract continues with the partnership entered into by the contractor and its partners, from a date that the Local Health Board specifies in that notice.
(5) Where it is reasonably practicable, the date specified by the Local Health Board pursuant to sub-paragraph (4) is the date requested in the notice served by the contractor pursuant to sub-paragraph (1), or, where that date is not reasonably practicable, the date specified is to be a date after the requested date that is as close to the requested date as is reasonably practicable.
(6) Where a contractor has given notice to the Local Health Board pursuant to sub-paragraph (1), the Local Health Board—
(a)may vary the contract but only to the extent that it is satisfied it is necessary to reflect the change in status of the contractor from an individual medical practitioner to a partnership, and
(b)if it does propose to so vary the contract, it must include in the notice served on the contractor pursuant to sub-paragraph (4) the wording of the proposed variation and the date upon which that variation is to take effect.
Commencement Information
I1Sch. 3 para. 110 in force at 1.10.2023, see reg. 1(2)
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