The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023

Termination by the Local Health Board for breach of conditions in regulation 5 E+W

117.—(1) Subject to sub-paragraph (2), the Local Health Board must serve notice in writing on the contractor terminating the contract with immediate effect where, in any case, a contractor who is an individual medical practitioner has ceased to be a general medical practitioner.

(2) Where the contractor referred to in sub-paragraph (1) has ceased to satisfy the condition specified in regulation 5(1)(a) as a result of a suspension specified in sub-paragraph (6), sub-paragraph (1) does not apply unless—

(a) the contractor is unable to satisfy the Local Health Board that it has in place adequate arrangements for the provision of clinical services under the contract for so long as the suspension continues, or

(b) the Local Health Board is satisfied that the circumstances of the suspension are such that if the contract is not terminated forthwith—

(i) the safety of the contractor’s patients is at serious risk, or

(ii) the Local Health Board is at risk of material financial loss.

(3) Except in a case to which paragraph 111(4) applies, where the contractor is—

(a) two or more persons practising in partnership, and the condition specified in regulation 5(1)(b) is no longer satisfied, or

(b) a company limited by shares, and the condition specified in regulation 5(1)(c) is no longer satisfied,

sub-paragraph (4) applies.

(4) Where sub-paragraph (3)(a) or (b) applies, the Local Health Board must, subject to sub-paragraph (8)—

(a) serve notice in writing on the contractor terminating the contract forthwith, or

(b) serve notice in writing on the contractor confirming that the Local Health Board is to allow the contract to continue, for a period specified by the Local Health Board in accordance with [F1 sub-paragraph] (5) (the “interim period”), during which time the Local Health Board must, with the consent of the contractor, employ or supply one or more general medical practitioners to the contractor for the interim period to assist the contractor in the provision of clinical services under the contract.

(5) The period specified by the Local Health Board under sub-paragraph (4)(b) must not exceed—

(a) 6 months, or

(b) in a case where the failure of the contractor to continue to satisfy the condition in regulation 5(1)(b) or, as the case may be, 5(1)(c), is the result of a suspension referred to in sub-paragraph (6), the period for which that suspension continues.

(6) The suspensions referred to in sub-paragraphs (2) and (5)(b) are suspension—

(a) by a [F2 Medical Practitioners Tribunal] under—

(i) section 35D (functions of a [F2 Medical Practitioners Tribunal]) of the Medical Act 1983 in a health case, other than an indefinite suspension under section 35D(6), or

(ii) section 38(1) (power to order immediate suspension etc. after a finding of impairment of fitness to practise) of that Act, or

(b) by a Fitness to Practise Panel or an [F3 Interim Orders Tribunal] under section 41A (interim orders) of that Act.

(7) In [F4 sub-paragraph] (6), “health case” has the meaning given in section 35E(4) of the Medical Act 1983.

(8) Before deciding which of the options in sub-paragraph (4) to pursue, the Local Health Board must, whenever it is reasonably practicable to do so, consult the Local Medical Committee (if any) for its area.

(9) If the contractor does not, pursuant to sub-paragraph (4)(b), consent to the Local Health Board employing or supplying a general medical practitioner during the interim period, the Local Health Board must serve notice in writing on the contractor terminating the contract with immediate effect.

(10) If, at the end of the interim period, the contractor still falls within sub-paragraph (3)(a) or (b), the Local Health Board must serve notice in writing on the contractor terminating the contract with immediate effect.

(11) In this paragraph “general medical practitioner” has the same meaning as in regulation 5(2).

Textual Amendments

F1 Word in Sch. 3 para. 117(4)(b) substituted (11.1.2024) by The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2023 (S.I. 2023/1421), regs. 1, 18(nn)(i)

F2 Words in Sch. 3 para. 117(6)(a) substituted (11.1.2024) by The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2023 (S.I. 2023/1421), regs. 1, 18(nn)(ii)(cc)

F3 Words in Sch. 3 para. 117(6)(b) substituted (11.1.2024) by The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2023 (S.I. 2023/1421), regs. 1, 18(nn)(iii)

F4 Word in Sch. 3 para. 117(7) substituted (11.1.2024) by The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2023 (S.I. 2023/1421), regs. 1, 18(nn)(iv)

Commencement Information

I1 Sch. 3 para. 117 in force at 1.10.2023, see reg. 1(2)