Assignment of patients to list of patients: open and closed listsE+W
38.—(1) Subject to paragraph 39, the Board may—
(a)assign a new patient to a contractor whose list of patients is open; and
(b)only assign a new patient to a contractor whose list of patients is closed in the circumstances specified in sub-paragraph (2).
(2) The circumstances specified in this sub-paragraph are where—
(a)the assessment panel has determined under paragraph 40(7) that new patients may be assigned to the contractor in question, and that determination has not been overturned either by a determination of the Secretary of State under paragraph 41(13) or (where applicable) by a court; and
(b)the Board has entered into discussions with the contractor in question regarding the assignment of new patients if such discussions are required under paragraph 42.