The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004

Duration of a default contract

14.—(1) A default contract entered into pursuant to article 13 shall not subsist beyond 30th September 2004, except in the circumstances specified in paragraphs (2) to (5).

(2) Where, on 30th September 2004—

(a) any dispute arising out of or in connection with the default contract has been referred to the Assembly in accordance with the dispute resolution procedure contained in the contract but that dispute has not been determined or withdrawn; or

(b) either party to the default contract has referred the terms of their proposed general medical services contract to the Assembly to consider and determine under section 4(4) of the 1990 Act or regulation 9 of the 2004 Regulations but that dispute has not been determined or withdrawn,

the default contract shall, unless it is terminated before that date in accordance with the terms of the default contract, continue until whichever is the later of the dates specified in paragraph (3).

(3) The dates referred to in paragraph (2) are—

(a) the end of the period of 28 days from the date on which the parties were notified of determination of the dispute relating to the default contract or that dispute was withdrawn; or

(b) the end of the period of 28 days from the date on which the parties were notified of determination of the dispute relating to the terms of the general medical services contract or that dispute was withdrawn.

(4) Where the default contract is with an individual medical practitioner—

(a) with whom the Local Health Board has refused to enter into a general medical services contract because it is not satisfied as to the matters specified in article 3(3) or (6); or

(b) who has been unable to enter into a general medical services contract on or before 30th September 2004 because he was performing relevant service,

the default contract shall, unless it is terminated before that date in accordance with the terms of the contract, continue for as long as he remains entitled to enter into a general medical services contract under article 6.

(5) Where the default contract is with a medical practitioner who has made an application under article 11 (appeal against failure of a Local Health Board to enter into a general medical services contract), the default contract shall, unless it is terminated before that date in accordance with the terms of the contract, continue until—

(i) the end of the period of 14 days after that application has been determined, or

(ii) if the application was successful and he or she intends to enter into a general medical services contract, the end of the day immediately before the day on which he or she is required to start providing services under the general medical services contract which he or she has entered into with the Local Health Board.