PART 2ENTITLEMENT TO CONTRACTS
Entitlement to a contract under section 176(3) of the Act13.
(1)
For the purposes of section 176(3) of the Act, the circumstances in which a Primary Care Trust must enter into a contract for the provision of medical services (in this Order referred to as a default contract) are those set out in this article.
(2)
Subject to paragraphs (5) and (6), a Primary Care Trust must, if a person so wishes, enter into a default contract with him as an individual medical practitioner if he—
(a)
is, on 31st March 2004, entitled to enter into a general medical services contract under article 3(1); and
(b)
on or before 31st March 2004—
(i)
has not entered into a general medical services contract with that Primary Care Trust as an individual medical practitioner or as one of two or more individuals practising in partnership, or
(ii)
is not a legal and beneficial shareholder in a company which has entered into such a contract with that Primary Care Trust.
(3)
A Primary Care Trust must, if a person so wishes, enter into a default contract with him as one of two or more individuals practising in partnership if he—
(a)
is, on 31st March 2004, entitled to enter into a general medical services contract under article 5; and
(b)
on or before 31st March 2004—
(i)
has not entered into a general medical services contract with that Primary Care Trust as an individual medical practitioner or one of two or more individuals practising in partnership, or
(ii)
is not a legal and beneficial shareholder in a company which has entered into such a contract with that Primary Care Trust.
(4)
A contract entered into pursuant to paragraph (2) or (3) must—
(a)
commence on 1st April 2004 or within 14 days of determination of an appeal under paragraph (9); and
(b)
(5)
(6)
A Primary Care Trust shall only be required to enter into a default contract under paragraph (2) with a person who is, on 31st March 2004 (or on the date on which the contract is to be signed if earlier) suspended from the Medical Register in the circumstances specified in article 3(4) or suspended from its medical list, if it is satisfied, on the date that the contract is to be signed, that—
(a)
in the case of a suspension on grounds relating to the practitioner’s physical or mental health, he is able to provide (but not perform) services under the contract;
(b)
having regard to the grounds of suspension, the letting of the contract would not—
(i)
put at risk the safety of the contractor’s patients, or
(ii)
be prejudicial to the efficiency of the provision of primary medical services in the area of the Primary Care Trust; and
(c)
the practitioner has in place adequate arrangements for the provision of services under the contract during the period of his suspension.
(7)
Whenever a Primary Care Trust is considering refusing to enter into a default contract under paragraph (5) or (6) it shall consult the Local Medical Committee (if any) for its area before making its decision.
(8)
Where a Primary Care Trust is refusing to enter into a default contract pursuant to paragraph (5) or (6) it shall notify the prospective contractor in writing of its decision, its reasons for that decision and of the practitioner’s right of appeal.
(9)
Article 4 (appeal against refusal of a contract) shall apply to a refusal of a default contract by a Primary Care Trust under this article subject to the modifications that—
(a)
the references to notification under article 3(8) in paragraphs (1) and (2) shall be read as references to notification under paragraph (8) of this article; and
(b)
the reference to a general medical services contract in paragraph (12) shall be read as a reference to a default contract.