Persons not able to enter into a default contract
41.—(1) Where a person to whom Article 13(2) or (3) applies is unable to enter into a default contract because the Board with whom he would have entered into a default contract is not satisfied of the matters specified in paragraphs (5) or (6) of that Article or because he is performing relevant service, that Board may pay to that person any payment that he would have been entitled to receive under the default contract, had he been able to enter into a default contract, or may pay him a proportion thereof (having regard, amongst other matters, to the cost of any temporary arrangements made by the Board for the provision of primary medical services to his patients) for as long as he is not able to enter into –
(a)a general medical services contract; or
(b)a default contract following an appeal under Article 13(9),
but he remains entitled to enter into a general medical services contract.
(2) Where a person to whom payments have been made by a Board by virtue of paragraph (1) enters into a default contract or a general medical services contract, the Board that is a party to the contract must ensure that the contract –
(a)contains a condition to the effect that all rights to further payments under paragraph (1) are surrendered (they are hereby extinguished);
(b)takes effect, for payment purposes, on 1st April 2004;
(c)in the case of a general medical services contract, contains a condition to the effect that any payment that has been made under paragraph (1) that could have been made –
(i)as a payment on account under the general medical services contract, shall be treated as a payment on account under the general medical services contract (and for these purposes any payment of one twelfth of a final global sum equivalent made under paragraph (1) shall be treated as a payment on account in respect of a payable global sum monthly payment),
(ii)as a payment under the general medical services contract, shall be treated as a payment under the general medical services contract,
and accordingly any condition that attaches, or is to be attached, to such a payment, when made under a general medical services contract, by virtue of the Statement of Financial Entitlements or the Premises Costs Directions, is attached to that payment; and
(d)in the case of a default contract, contains a condition to the effect that any payment that has been made under paragraph (1) that could have been made as a payment under the default contract, had the contractor entered into the default contract on or before 31st March 2004, shall be treated as a payment under the default contract, and accordingly any condition attached to such a payment by virtue of this Order is attached to that payment.