PART 2ENTITLEMENT TO ENTER INTO GMS CONTRACTS

Appeal against failure of a Health Board to enter into a GMS contract11.

(1)

This article applies where a medical practitioner or a partnership has–

(a)

offered to enter into a GMS contract under article 3, 4, 7, 8 or 10; and

(b)

as a result of a failure to act by the Health Board, been unable to sign such a contract before its entitlement to enter into such a contract expires pursuant to article 6, 7(4), 8(3) or 10(2).

(2)

In a case to which this article applies, the prospective contractor must, if it wishes to enter into a GMS contract, apply in writing to the Scottish Ministers within the period of 14 days of the expiry of its entitlement.

(3)

Any application referred to the Scottish Ministers in accordance with paragraph (2) shall be determined in accordance with–

(a)

the NHS dispute resolution procedure, as if in Schedule 5 to the 2004 Regulations–

(i)

paragraph 91(1) and (2) were omitted;

(ii)

in paragraph 91(3) “ a dispute as mentioned in sub-paragraph (1)” read “ a dispute arising in connection with an application under article 11(2) of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004”;

(iii)

paragraph 91(3)(b) and (c) read–

“(b)

the grounds on which the applicant claims to be entitled to enter into a general medical services contract;

(c)

the grounds for alleging default by the Health Board.”;

(iv)

paragraphs 91(4) and 92(2) were omitted; and

(b)

paragraph (4) of this article.

(4)

The adjudicator may, when determining the application require the Health Board to enter into a GMS contract with the prospective contractor on terms to be agreed between the parties or, where necessary, determined under the pre-contract dispute resolution procedure under regulation 9 of the 2004 Regulations but may not require the prospective contractor to proceed with the contract.