The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

Closure of lists of patients N.I.

29.—(1) A contractor which wishes to close his list of patients shall notify the Board in writing to that effect.

(2) Within a period of 7 days beginning with and including the date of receipt of the notification referred to in sub-paragraph (1), or, if that is not reasonably practicable as soon as is practicable thereafter, the Board shall enter into discussions with the contractor concerning the support which the Board may give the contractor, or other changes which the Board or the contractor may make, which would enable the contractor to keep his list of patients open.

(3) In the discussions referred to in sub-paragraph (2), both parties shall use reasonable endeavours to achieve the aim of keeping the contractor’s list of patients open.

(4) The discussions mentioned in sub-paragraph (2) shall be completed within a period of 28 days beginning with and including the date of the Board’s receipt of the notification referred to in sub-paragraph (1), or within such longer period as the parties may agree.

(5) If, following the discussions mentioned in sub-paragraph (2), the Board and the contractor reach agreement that the contractor’s list of patients should remain open, the Board shall send full details of the agreement in writing to the contractor.

(6) The Board and the contractor shall comply with the terms of an agreement reached as mentioned in sub-paragraph (5).

(7) If, following the discussions mentioned in sub-paragraph (2) –

(a) the Board and the contractor reach agreement that the contractor’s list of patients should close; or

(b) the Board and the contractor fail to reach agreement and the contractor still wishes to close his list of patients,

the contractor shall send a closure notice to the Board.

(8) A closure notice shall be submitted in the form specified in Schedule 6, and shall include the following details which (in a case falling within sub-paragraph (7)(a)) have been agreed between the parties or (in a case falling within sub-paragraph (7)(b)) are proposed by the contractor –

(a) the period of time (which may not exceed 12 months) for which the contractor’s list of patients will be closed;

(b) the current number of the contractor’s registered patients;

(c) the number of registered patients (lower than the current number of such patients, and expressed either in absolute terms or as a percentage of the number of such patients specified pursuant to head (b)) which, if that number were reached, would trigger the re-opening of the contractor’s list of patients;

(d) the number of registered patients (expressed either in absolute terms or as a percentage of the number of such patients specified pursuant to head (b)) which, if that number were reached, would trigger the re-closure of the contractor’s list of patients; and

(e) any withdrawal from or reduction in provision of any additional or enhanced services which had previously been provided under the contract.

(9) The Board shall forthwith acknowledge receipt of the closure notice in writing to the contractor.

(10) Before the Board reaches a decision as to whether to approve or reject the closure notice under sub-paragraph (12), the Board and the contractor may enter into further discussions concerning the details of the closure notice as referred to in sub-paragraph (8), with a view to reaching agreement; and, in particular, if the parties are unable to reach agreement regarding the period of time for which the contractor’s list of patients will be closed, that period shall be 12 months.

(11) A contractor may not withdraw a closure notice for a period of three months beginning with and including the date on which the Board has received the notice, unless the Board has agreed otherwise in writing.

(12) Within a period of 14 days beginning with and including the date of receipt of the closure notice, the Board shall –

(a) approve the closure notice; or

(b) reject the closure notice,

and shall notify the contractor of its decision in writing as soon as possible.

(13) Approval of the closure notice under sub-paragraph (12)(a) includes approval of the details specified in accordance with sub-paragraph (8) or, where those details are revised following discussions under sub-paragraph (10), approval of those details as so revised.

Commencement Information

I1 Sch. 5 para. 29 in operation at 29.3.2004, see reg. 1