PART 2

ENTITLEMENT TO ENTER INTO GMS CONTRACTS

Appeal against refusal of a contract under article 3 or 4
5
1
A person who has been notified by a Health Board under article 3(9) or 4(9) of its refusal to enter into a GMS contract may appeal to the Scottish Ministers by giving notice in writing to the Scottish Ministers within a period of 28 days beginning on the day that the Health Board notified that person of the refusal.
2
Any appeal referred to the Scottish Ministers in accordance with paragraph (1) shall be determined in accordance with–
a
the NHS dispute resolution procedure, as if in Schedule 5 to 2004 Regulations–
i
paragraph 91(1) and (2) were omitted;
ii
in paragraph 91(3) “ a dispute as mentioned in sub-paragraph (1)” read “an appeal in accordance with article 5(1) of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004”;
iii
paragraph 91(3)(b) and (c) read–
b
a copy of the notification received from the Health Board under article 3(9) or 4(9) of the General Medical Services Transitional and Other Ancillary Provisions (Scotland) Order 2004;
c
a brief statement of the grounds for appeal.
;
iv
paragraphs 91(4) and 92(2) were omitted; and
b
paragraph (3) of this article.
3
The adjudicator may, when determining the appeal 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.