PART 2

ENTITLEMENT TO ENTER INTO GMS CONTRACTS

Appeal against failure of a Health Board to enter into a GMS contract
11
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.