The National Health Service (General Medical Services Contracts) Regulations 2015

Application for closure of list of patients E+W

33.—(1) Where a contractor wants to close its list of patients, the contractor must send a written application to that effect (“ the application”) to [F1 NHS England].

(2) The application must include the following information—

(a) the options which the contractor has considered, rejected or implemented in an attempt to alleviate the difficulties which the contractor has encountered in respect of its open list and, if any of the options were implemented, the level of success in reducing or extinguishing such difficulties;

(b) details of any discussions between the contractor and its patients and a summary of those discussions including whether or not, in the opinion of those patients, the list of patients should be closed;

(c) details of any discussions between the contractor and the other contractors in the contractor's practice area and a summary of the opinion of the other contractors as to whether or not the list of patients should be closed;

(d) the period of time, being a period of not less than three months and not more than 12 months, during which the contractor wants its list of patients to be closed;

(e) any reasonable support from [F1 NHS England] which the contractor considers would enable its list of patients to remain open or would enable the period of the proposed closure to be minimised;

(f) any plans which the contractor may have to alleviate the difficulties mentioned in the application during the period of the proposed closure in order for that list to re-open at the end of that period without the existence of those difficulties; and

(g) any other information which the contractor considers ought to be drawn to the attention of [F1 NHS England].

(3) [F1 NHS England] must acknowledge receipt of the application before the end of the period of seven days beginning with the date on which [F1 NHS England] received the application.

(4) [F1 NHS England] must consider the application and may request such other information from the contractor as [F1 NHS England] requires in order to enable it to determine the application.

(5) [F1 NHS England] must enter into discussions with the contractor concerning—

(a) the support which [F1 NHS England] may give to the contractor; or

(b) any changes which [F1 NHS England] or the contractor may make,

which would enable the contractor to keep its list of patients open.

(6) [F1 NHS England] and the contractor must, throughout the period of the discussions referred to in sub-paragraph (5), use reasonable endeavours to achieve the aim of keeping the contractor's list of patients open.

(7) [F1 NHS England] or the contractor may, at any stage during the discussions, invite the Local Medical Committee (if any) for the area in which the contractor provides services under the contract to attend any meetings arranged between [F1 NHS England] and the contractor to discuss the application.

(8) [F1 NHS England] may consult such persons as it appears to [F1 NHS England] may be affected by the closure of the contractor's list of patients and, if [F1 NHS England] does so, it must provide to the contractor a summary of the views expressed by those persons consulted in respect of the application.

(9) [F1 NHS England] must enable the contractor to consider and comment on all the information before [F1 NHS England] makes a decision in respect of the application.

(10) A contractor may withdraw the application at any time before [F1 NHS England] makes a decision in respect of that application.

(11) [F1 NHS England] must, before the end of the period of 21 days beginning with the date on which the application was received by [F1 NHS England] (or within such longer period as the parties may agree), make a decision to—

(a) approve the application and determine the date from which the closure of the contractor's list is to take effect; or

(b) reject the application.

(12) [F1 NHS England] must give notice in writing to the contractor of its decision to—

(a) approve the application in accordance with paragraph 34; or

(b) reject the application in accordance with paragraph 35.

(13) A contractor may not submit more than one application to close its list of patients in any period of 12 months beginning with the date on which [F1 NHS England] makes its decision on the application unless—

(a) paragraph 36 applies; or

(b) there has been a change in the circumstances of the contractor which affects its ability to deliver services under the contract.

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1