SCHEDULE 5OTHER CONTRACTUAL TERMS

PART 8Variation and Termination of Contracts

Other grounds for termination by the Health Board

101.

(1)

The Health Board may serve notice in writing on the contractor terminating the contract forthwith, or from such date as may be specified in the notice if—

(a)

in the case of a contract with a medical practitioner, that medical practitioner;

(b)

in the case of a contract with a partnership, any partner or the partnership; and

(c)

in the case of a contract with a company limited by shares—

(i)

the company,

(ii)

any person legally and beneficially owning a share in the company, or

(iii)

any director or secretary of the company,

falls within sub-paragraph (2) during the existence of the contract.

(2)

A person falls within this sub-paragraph if—

(a)

the person does not satisfy the conditions prescribed in section 17L(2)(c) or (3)(b) of the Act105;

(b)

the person has been or is the subject of a national disqualification;

(c)

subject to sub-paragraph (3), the person is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;

(d)

subject to sub-paragraph (4), the person has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless before the Health Board has served a notice terminating the contract pursuant to this paragraph, the person is employed by the health service body that dismissed the person or by another health service body;

(e)

the person is disqualified from a list unless the person’s name has subsequently been included in such a list;

(f)

the person has been convicted in the United Kingdom of murder;

(g)

the person has been convicted in the United Kingdom of a criminal offence, other than of murder, and has been sentenced to a term of imprisonment of over six months;

(h)

subject to sub-paragraph (5), the person has been convicted elsewhere of an offence—

(i)

which would, if committed in Scotland, constitute murder; or

(ii)

constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;

(i)

the person has been convicted of an offence referred to in Schedule 1 to the Criminal Procedure (Scotland) Act 1995106 (offences against children under the age of 17 to which special provisions apply) or Schedule 1 to the Children and Young Persons Act 1933107 (offences against children and young persons with respect to which special provisions apply);

(j)

the person has—

(i)

had sequestration of the person’s estate awarded been adjudged bankrupt unless (in either case) the person has been discharged or the bankruptcy order has been annulled,

(ii)

been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986108, unless that order has ceased to have effect or has been annulled,

(iii)

made a composition or arrangement with, or granted a trust deed for, the person’s creditors unless the person has been discharged in respect of it, or

(iv)

been wound up under Part IV of the Insolvency Act 1986;

(k)

there is—

(i)

an administrator, administrative receiver or receiver appointed in respect of it, or

(ii)

an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986(109;

(l)

that person is a partnership and—

(i)

a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator, or

(ii)

an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership;

(m)

the person has been—

(i)

removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990110 (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of any body; or

(ii)

removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which the person was responsible or to which the person was privy, or which the person by the person’s conduct contributed to or facilitated;

(n)

the person is subject to a disqualification order under the company Directors Disqualification Act 1986111 (failure to pay under county court administration order), the Companies (Northern Ireland) Order 1986112 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(o)

that person has refused to comply with a request by the Health Board for that person to be medically examined on the grounds that it is concerned that the person is incapable of adequately providing services under the contract and, in a case where the contract is with a partnership or with a company, the Health Board is not satisfied that the contractor is taking adequate steps to deal with the matter; or

(p)

the person would otherwise fall within paragraph 113(2)(e) of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004113.

(3)

A Health Board shall not terminate the contract pursuant to sub-paragraph (2)(c) where the Health Board is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be—

(a)

a contractor;

(b)

in the case of a contract with a partnership, a partner; or

(c)

in the case of a contract with a company limited by shares—

(i)

a person legally and beneficially holding a share in the company, or

(ii)

a director or secretary of the company,

as the case may be.

(4)

A Health Board shall not terminate the contract pursuant to sub-paragraph (2)(d)—

(a)

until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

(b)

if, during the period of time specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of the person’s dismissal, until proceedings before that tribunal or court are concluded,

and the Health Board may only terminate the contract at the end of the period specified in paragraph (b) if there is no finding of unfair dismissal at the end of those proceedings.

(5)

A Health Board shall not terminate the contract pursuant to sub-paragraph (2)(h) where the Health Board is satisfied that the conviction does not make the person unsuitable to be—

(a)

a contractor;

(b)

in the case of a contract with a partnership a partner;

(c)

in the case of a contract with a company limited by shares—

(i)

a person legally and beneficially holding a share in the company; or

(ii)

a director or secretary of the company,

as the case may be.

(6)

In this paragraph, “health service body” does not include any person who is to be regarded as a health service body in accordance with regulation 10.