The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

Directions in respect of GMS contract disputes

3.—(1) The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 101 and 102 of Schedule 6 to the GMS Contracts Regulations (dispute resolution) referred to in paragraph (2).

(2) The functions are those in respect of any dispute (or part of a dispute) between the parties to a GMS contract that relate to a term of the contract that gives effect to any of the following provisions in Schedule 6 to the GMS Contracts Regulations—

(a) paragraph 111 (termination by the Primary Care Trust for breach of conditions in regulation 4), but only in so far as the dispute requires a determination as to whether—

(i) an individual medical practitioner no longer satisfies the condition specified in regulation 4(1) of those Regulations,

(ii) in the case of a partnership, a partner no longer satisfies the condition in regulation 4(2)(a) of those Regulations, or

(iii) in the case of a company, a shareholder no longer satisfies the condition in regulation 4(3)(a) of those Regulations;

(b) paragraph 112 (termination by the Primary Care Trust for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the Primary Care Trust by the contractor before the contract was entered into was, when given, untrue or inaccurate in a material respect; or

(c) paragraph 113 (termination by the Primary Care Trust on other grounds), but only in so far as the dispute requires a determination in respect of—

(i) whether any of the persons specified in paragraph 113(1) falls within paragraph 113(2) during the existence of the contract, or

(ii) any dispute relating to a decision taken by a Primary Care Trust in accordance with paragraph 113(3) to (5).