SCHEDULE 3E+WOther contractual terms

PART 8E+WVariation and termination of contracts

Variation provisions specific to a contract with two or more persons practising in partnershipE+W

59.—(1) Subject to sub-paragraph (4), where a contractor consists of two or more persons practising in partnership and that partnership is terminated or dissolved, the contract may only continue with one of the former partners if that partner is—

(a)nominated in accordance with sub-paragraph (3); and

(b)a medical practitioner who satisfies the condition in regulation 5(1)(a),

and only if the requirements in sub-paragraphs (2) and (3) are met.

(2) A contractor must give notice in writing to [F1NHS England] of the intention to change its status from that of a partnership to that of an individual medical practitioner under sub-paragraph (1) at least 28 days before the date on which the contractor proposes to change its status.

(3) A notice given under sub-paragraph (2) must—

(a)specify the date on which the contractor proposes to change its status from that of a partnership to that of an individual medical practitioner;

(b)specify the name of the medical practitioner with whom the contract is to continue, which must be one of the partners in the partnership; and

(c)be signed by each partner in the partnership.

(4) Where a contractor consists of two persons practising in partnership and the partnership is terminated or dissolved because one of the partners has died, the remaining partner in the partnership must give notice in writing to [F1NHS England] of that death as soon as is reasonably practicable and, in that case, sub-paragraphs (5) and (6) apply.

(5) If the remaining partner in the partnership is a general medical practitioner, the contract is to continue with that general medical practitioner.

(6) If the remaining partner in the partnership is not a general medical practitioner, [F1NHS England]—

(a)must enter into discussions with that partner and use reasonable endeavours to reach an agreement to enable the provision of clinical services to continue under the contract;

(b)may, if it considers it appropriate, consult the Local Medical Committee (if any) for the area in which the partnership was providing clinical services under the contract or such other person as [F1NHS England] considers necessary;

(c)may, if it considers it appropriate to enable the provision of clinical services under the contract to continue, offer the remaining partner in the partnership reasonable support; and

(d)must give notice to the remaining partner in the partnership if agreement has been reached in accordance with sub-paragraph (7) or, in the event that agreement cannot be reached, in accordance with sub-paragraph (8).

(7) If [F1NHS England] reaches an agreement, [F1NHS England] must give notice in writing to the remaining partner in the partnership confirming—

(a)the terms upon which [F1NHS England] agrees to the contract continuing with that partner including the period, as specified by [F1NHS England], during which the contract is to continue (“the interim period”) and such a period must not exceed six months;

(b)that the partner agrees to the employment or engagement of a general medical practitioner for the interim period to assist in the provision of clinical services under the contract; and

(c)the support, if any, which [F1NHS England] is to provide to enable the provision of clinical services under the contract to continue during the interim period.

(8) If—

(a)the remaining partner in the partnership does not wish to employ or engage a medical practitioner;

(b)an agreement in accordance with sub-paragraph (6) cannot be reached; or

(c)the remaining partner in the partnership would like to withdraw from the agreed arrangements at any stage during the interim period,

[F1NHS England] must give notice in writing to that partner terminating the contract with immediate effect.

(9) If, at the end of the interim period, the contractor has not entered into partnership with a general medical practitioner who is not a limited partner in the partnership, [F1NHS England] must give notice in writing to the contractor terminating the contract with immediate effect.

(10) Where a contractor gives notice to [F1NHS England] under sub-paragraph (2) or (4), [F1NHS England] must—

(a)acknowledge receipt of the notice in writing; and

(b)in relation to a notice given under sub-paragraph (2), acknowledge receipt of the notice before the date specified in accordance with sub-paragraph (3)(a).

(11) Where a contractor gives notice to [F1NHS England] under sub-paragraph (2) or (4), [F1NHS England] may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from that of a partnership to an individual medical practitioner.

(12) If [F1NHS England] varies the contract under sub-paragraph (11), [F1NHS England] must give notice in writing to the contractor of the wording of the proposed variation and the date upon which that variation is to take effect.

(13) In this paragraph “general medical practitioner” has the same meaning as in regulation 5(2).

(14) Sub-paragraphs (5) to (9) do not affect any other right which [F1NHS England] may have under the contract to vary or terminate the contract.

Textual Amendments