35.—(1) A contractor may apply to extend the closure period by sending a written application (“the application”) to that effect to the Board no later than eight weeks before the date on which the closure period is due to expire.
(2) The application must include the following information—
(a)details of the options which the contractor has considered, rejected or implemented in an attempt to alleviate the difficulties which have been encountered during the closure period or which may be encountered when the closure period expires;
(b)the period of time during which the contractor wants its list of patients to remain closed (which may not be longer than 12 months);
(c)details of any reasonable support from the Board which the contractor considers would enable the contractor's list of patients to re-open or would enable the proposed extension to the closure period to be minimised;
(d)details of any plans which the contractor may have to alleviate the difficulties mentioned in the application to extend the closure period in order for the list of patients to re-open at the end of the proposed extension of the closure period without the existence of those difficulties; and
(e)any other information which the contractor considers ought to be drawn to the attention of the Board.
(3) The Board must acknowledge receipt of the application before the end of the period of seven days beginning with the date on which the application was received by the Board.
(4) The Board must consider the application and may request such other information from the contractor as it requires in order to enable it to decide the application.
(5) The Board may enter into discussions with the contractor concerning—
(a)the support which the Board may give to the contractor; or
(b)any changes which the Board or the contractor may make,
which would enable the contractor to re-open its list of patients.
(6) The Board must determine the application before the end of the period of 14 days beginning with the date on which the Board received that application (or before the end of such longer period as the parties may agree).
(7) The Board must give notice in writing to the contractor of its decision to approve or reject the application as soon as possible after making that decision.
(8) Where the Board approves the application, the Board must—
(a)give notice in writing to the contractor of its decision (“the extended closure notice”) which must include the details specified in sub-paragraph (9); and
(b)at the same time as it gives notice in writing to the contractor, send a copy of the extended closure 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 the Board consulted in accordance with paragraph 32(8).
(9) The extended closure notice must include—
(a)the period of time for which the contractor's list of patients is to remain closed which must be—
(i)the period specified in the application, or
(ii)where the Board and contractor have agreed in writing a different period to the period specified in that application, that agreed period,
and, in either case, the period (“the extended closure period”) must not be less than three months and not more than 12 months beginning with the date on which the extended closure period is to take effect ;
(b)the date on which the extended closure period is to take effect; and
(c)the date on which the contractor's list of patients is to re-open.
(10) Where the Board rejects an application, the Board must—
(a)give notice in writing to the contractor of its decision which must include its reasons for rejecting the application; and
(b)at the same time as it gives notice to the contractor, send a copy of the notice to the Local Medical Committee (if any) for the area in which the contractor provides services under the agreement.
(11) Where an application is made in accordance with sub-paragraphs (1) and (2), the contractor's list of patients is to remain closed pending whichever is the later of—
(a)the determination by the Board of that application; or
(b)in a case where a dispute arising from the Board's decision to reject the application has been referred to the NHS dispute resolution procedure, the contractor ceasing to pursue that dispute through that procedure (or any court proceedings).