SCHEDULE 2Other required terms

PART 4Assignment of patients to lists

Assignments to closed lists: assignments of patients by the Board

42.

(1)

Before the Board assigns a new patient to a contractor, the Board must, subject to sub-paragraph (3)—

(a)

enter into discussions with the contractor regarding the additional support that the Board can offer the contractor; and

(b)

use its best endeavours to provide such appropriate support.

(2)

In the discussions referred to in sub-paragraph (1)(a), both parties must use reasonable endeavours to reach agreement.

(3)

The requirement in sub-paragraph (1)(a) to enter into discussions applies—

(a)

to the first assignment of a patient to a particular contractor; and

(b)

to any subsequent assignment to that contractor to the extent that it is reasonable and appropriate having regard to—

(i)

the numbers of patients who have or may be assigned to it, and

(ii)

the period of time since the last discussions under sub-paragraph (1)(a) took place.