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

[F1CHAPTER 4E+WRefusal of applications under this Part

Textual Amendments

Refusal of an application under paragraphs 32D to 32GE+W

32H.—(1) The contractor may refuse a list application, or a temporary residence application, if (and only if) the contractor has reasonable grounds for doing so which do not relate to the qualifying person’s age, appearance, disability or medical condition, gender or gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sexual orientation or social class.

(2) The reasonable grounds referred to in sub-paragraph (1) may, in the case of a list application, include the ground that the qualifying person will not, on or after the planned return date, live in, or does not intend to live in, either of the following areas—

(a)the contractor’s practice area, or

(b)the outer boundary area (the area referred to in regulation 20(3)).

(3) Where a contractor refuses a list application, or temporary resident application, the contractor must give a refusal notice to the relevant person before the end of the period of 14 days beginning with the date of the decision to refuse the application.

(4) For the purposes of sub-paragraph (3), the relevant person is—

(a)the applicant, or

(b)where the application was made on behalf of a person who has not attained the age of 16 years or a person who lacks capacity, the person who made the application on their behalf.

(5) The contractor must—

(a)keep a written record of—

(i)the refusal of any list application, and

(ii)its reasons for that refusal, and

(b)make such records available to [F2NHS England] on request.

(6) In this paragraph—

“list application” means an application under paragraph 32D or 32F;

“refusal notice” means a notice which—

(a)

is in writing, and

(b)

includes the reasons for the decision to refuse the relevant application;

“temporary residence application” means an application under paragraph 32E or 32G.]

Textual Amendments