The National Health Service (Personal Medical Services Agreements) Regulations 2015

Rejection of an application to close a list of patients E+W

34.—(1) Where [F1 NHS England] rejects an application to close a contractor's list of patients, [F1 NHS England] must—

(a) give notice in writing to the contractor of its decision as soon as possible and the notice must include [F1 NHS England’s] reasons for rejecting the application; and

(b) at the same time as [F1 NHS England] gives notice to the contractor, send a copy of the notice to—

(i) the Local Medical Committee (if any) for the area in which the contractor provides services under the agreement, and

(ii) any person who [F1 NHS England] consulted in accordance with paragraph 32(8).

(2) Subject to sub-paragraph (3), if [F1 NHS England] decides to reject an application from a contractor to close its list of patients, the contractor may not make a further application to close its list of patients until whichever is the later of—

(a) the end of the period of three months beginning with the date on which [F1 NHS England’s] decision to reject the application was made; or

(b) in a case where a dispute arising from [F1 NHS England’s] decision to reject the application has been referred to the NHS dispute resolution procedure, the end of the period of three months beginning with the date on which a final determination to reject the application was made in accordance with that procedure (or any court proceedings).

(3) A contractor may make a further application to close its list of patients where there has been a change in the circumstances of the contractor which affects the contractor's ability to deliver services under the agreement.

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1