SCHEDULE 2Other required terms

PART 2Patients: general

Removal from the list at the request of the patient22

1

The contractor must give notice in writing to the Board of a request made by any person who is a registered patient to be removed from the contractor's list of patients.

2

Where the Board—

a

receives a notice given by the contractor under sub-paragraph (1); or

b

receives directly a request from a person to be removed from the contractor's list of patients,

the Board must remove that person from the contractor's list of patients.

3

The removal of a person from a contractor's list of patients in accordance with this paragraph takes effect on whichever is the earlier of—

a

the date on which the Board is given notice of the registration of that person with another provider of essential services (or their equivalent); or

b

14 days after the date on which the notice given under sub-paragraph (1) or the request made under sub-paragraph (2) is received by the Board

4

The Board must, as soon as practicable, give notice in writing to—

a

the person who requested the removal; and

b

the contractor,

that the person's name is to be or has been removed from the contractor's list of patients on the date referred to in sub-paragraph (3).

5

In this paragraph, and in paragraphs 23(1)(b) and (9), 24(6) and (7), 25(1), 28(2) and 29(3), a reference to a request received from, or advice, information or notice required to be given to, a person includes a request received from or advice, information or notice required to be given to—

a

in the case of a child, on behalf of the patient—

i

either parent, or in the absence of both parents, the guardian or other adult who has care of the child,

ii

a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 M1, or

iii

a person duly authorised by a voluntary organisation by whom the child is being accommodated under the Children Act 1989; or

b

in the case of an adult patient who lacks capacity to make the relevant request or receive the relevant advice, information or notice—

i

a relative of that person,

ii

the primary carer of that person,

iii

a donee of a lasting power of attorney granted by that person, or

iv

a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005 M2.