The General Medical Services Transitional and Consequential Provisions Order 2004

Entitlement to a general medical services contract following appeal under article 9

10.—(1) Where, following an appeal dealt with under article 9, the FHSAA determines that a medical practitioner who was the only applicant for a vacancy under regulation 18C of the 1992 Regulations should have been nominated for that vacancy by the Primary Care Trust, that medical practitioner shall—

(a) be added to the medical performers list of the Primary Care Trust, unless he is already on the medical performers list of another Primary Care Trust and is not withdrawing from that list; and

(b) subject to paragraph (2), be entitled to enter into a general medical services contract with the Primary Care Trust as an individual medical practitioner.

(2) A person who is entitled to enter into a general medical services contract under paragraph (1) shall, subject to article 12, only continue to be so entitled until—

(a) the end of the period of six weeks after receiving notice of the success of his appeal; or

(b) in a case where either party has, before the end of the period of six weeks referred to in sub-paragraph (a), referred the terms of the general medical services contract to the Secretary of State to consider and determine under section 4(4) of the 1990 Act or regulation 9 of the 2004 Regulations but that dispute has not been determined or withdrawn, the end of the period of 28 days from the date on which the parties were notified of the determination of that dispute or the dispute was withdrawn,

unless article 11 applies.