SCHEDULE 2Contract Terms

Termination by the Primary Care Trust on grounds of suitability etc.

29.

(1)

The Primary Care Trust may serve notice in writing on the contractor terminating the scheme with immediate effect, or from such date as may be specified in the notice, if, in the case of a scheme entered into—

(a)

with an individual as a party, that individual;

(b)

with more than one individual (whether or not practising in partnership), any of those individuals; or

(c)

with a body corporate—

(i)

the body corporate, or

(ii)

any director, chief executive, superintendent or company secretary of the body corporate,

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

(2)

A person falls within this sub-paragraph if—

(a)

he is the subject of a national disqualification;

(b)

subject to sub-paragraph (3), he is disqualified or suspended (other than by an interim suspension order or direction pending an investigation) from practising by any licensing or regulatory body anywhere in the world;

(c)

he is removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act78 (disqualification of practitioners) respectively), unless his name has subsequently been included in such a list;

(d)

he has been convicted in the United Kingdom of—

(i)

murder, or

(ii)

a criminal offence other than murder, committed on or after 1st April 2006, and has been sentenced to a term of imprisonment of over six months,

(e)

subject to sub-paragraph (4), he has been convicted outside the United Kingdom of an offence—

(i)

which would, if committed in England and Wales, constitute murder, or

(ii)

committed on or after 1st April 2006, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;

(f)

he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 193379 (offences against children and young persons with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 199580 (offences against children under the age of 17 years to which special provisions apply) committed on or after 1st April 2006;

(g)

he has been convicted of an offence under Part 2 of the Sexual Offences Act 200381 committed on or after 1st April 2006;

(h)

he has—

(i)

been adjudged bankrupt, or sequestration of his estate has been awarded, unless (in either case) he 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 198682, 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, his or its creditors unless he or it has been discharged in respect of it, or

(iv)

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

(i)

there is—

(i)

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

(ii)

an administration order made in respect of him under Schedule B1 to the Insolvency Act 198683;

(j)

he has been—

(i)

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 he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or

(ii)

removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199084 (powers of the Court of Session to deal with management of charities) from being concerned in the management or control of any body;

(k)

he is subject to a disqualification order under the Company Directors Disqualification Act 198685, the Companies (Northern Ireland) Order 198686 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);

(l)

he (in the case of an individual) has refused to comply with a request by the Primary Care Trust for him to be medically examined on the grounds that it is concerned that he is incapable of adequately providing services under the scheme; or

(m)

it comes to the attention of the Primary Care Trust that information provided to it pursuant to regulation 12 or 17, or in accordance with a term of the scheme required by paragraph 16, was, when given, untrue or inaccurate in a material respect.

(3)

A Primary Care Trust shall not terminate the scheme pursuant to sub-paragraph (2)(b) where it is satisfied that the disqualification or suspension imposed by a licensing or regulatory body outside the United Kingdom does not make the person unsuitable to be—

(a)

a contractor; or

(b)

in the case of a scheme with a body corporate, a director, chief executive, superintendent or company secretary of the body corporate.

(4)

A Primary Care Trust shall not terminate the scheme pursuant to sub-paragraph (2)(e) where it is satisfied that the conviction does not make the person unsuitable to be—

(a)

a contractor; or

(b)

in the case of a scheme with a body corporate, a director, chief executive, superintendent or company secretary of a contractor.