SCHEDULE 3E+WOther contractual terms

PART 3E+WLists of patients: closure etc.

Application for closure of list of patientsE+W

33.—(1) Where a contractor wants to close its list of patients, the contractor must send a written application to that effect (“the application”) to [F1NHS England].

(2) The application must include the following information—

(a)the options which the contractor has considered, rejected or implemented in an attempt to alleviate the difficulties which the contractor has encountered in respect of its open list and, if any of the options were implemented, the level of success in reducing or extinguishing such difficulties;

(b)details of any discussions between the contractor and its patients and a summary of those discussions including whether or not, in the opinion of those patients, the list of patients should be closed;

(c)details of any discussions between the contractor and the other contractors in the contractor's practice area and a summary of the opinion of the other contractors as to whether or not the list of patients should be closed;

(d)the period of time, being a period of not less than three months and not more than 12 months, during which the contractor wants its list of patients to be closed;

(e)any reasonable support from [F1NHS England] which the contractor considers would enable its list of patients to remain open or would enable the period of the proposed closure to be minimised;

(f)any plans which the contractor may have to alleviate the difficulties mentioned in the application during the period of the proposed closure in order for that list to re-open at the end of that period without the existence of those difficulties; and

(g)any other information which the contractor considers ought to be drawn to the attention of [F1NHS England].

(3) [F1NHS England] must acknowledge receipt of the application before the end of the period of seven days beginning with the date on which [F1NHS England] received the application.

(4) [F1NHS England] must consider the application and may request such other information from the contractor as [F1NHS England] requires in order to enable it to determine the application.

(5) [F1NHS England] must enter into discussions with the contractor concerning—

(a)the support which [F1NHS England] may give to the contractor; or

(b)any changes which [F1NHS England] or the contractor may make,

which would enable the contractor to keep its list of patients open.

(6) [F1NHS England] and the contractor must, throughout the period of the discussions referred to in sub-paragraph (5), use reasonable endeavours to achieve the aim of keeping the contractor's list of patients open.

(7) [F1NHS England] or the contractor may, at any stage during the discussions, invite the Local Medical Committee (if any) for the area in which the contractor provides services under the contract to attend any meetings arranged between [F1NHS England] and the contractor to discuss the application.

(8) [F1NHS England] may consult such persons as it appears to [F1NHS England] may be affected by the closure of the contractor's list of patients and, if [F1NHS England] does so, it must provide to the contractor a summary of the views expressed by those persons consulted in respect of the application.

(9) [F1NHS England] must enable the contractor to consider and comment on all the information before [F1NHS England] makes a decision in respect of the application.

(10) A contractor may withdraw the application at any time before [F1NHS England] makes a decision in respect of that application.

(11) [F1NHS England] must, before the end of the period of 21 days beginning with the date on which the application was received by [F1NHS England] (or within such longer period as the parties may agree), make a decision to—

(a)approve the application and determine the date from which the closure of the contractor's list is to take effect; or

(b)reject the application.

(12) [F1NHS England] must give notice in writing to the contractor of its decision to—

(a)approve the application in accordance with paragraph 34; or

(b)reject the application in accordance with paragraph 35.

(13) A contractor may not submit more than one application to close its list of patients in any period of 12 months beginning with the date on which [F1NHS England] makes its decision on the application unless—

(a)paragraph 36 applies; or

(b)there has been a change in the circumstances of the contractor which affects its ability to deliver services under the contract.

Textual Amendments