40.—(1) Where the Local Health Board rejects an application to close a contractor’s list of patients it must—
(a)give notice in writing to the contractor of its decision as soon as possible, including the Local Health Board’s 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—
(i)the Local Medical Committee (if any) for the area in which the contractor provides services under the contract, and
(ii)any person who the Local Health Board consulted in accordance with paragraph 38(8).
(2) Subject to sub-paragraph (3), if the Local Health Board rejects an application from a contractor to close its list of patients, the contractor must not make a further application to close its list of patients until whichever is the later of—
(a)the end of the period of 12 weeks beginning with the date on which the Local Health Board’s decision to reject the application was made, or
(b)in a case where a dispute arising from the Local Health Board’s decision to reject the application has been referred to the NHS dispute resolution procedure, the end of the period of 12 weeks beginning with the date on which a final determination to reject the application was made in accordance with that procedure (or any court proceedings).
(3) A contractor may make a further application to close its list of patients where there has been a change in the circumstances of the contractor which affects the contractor’s ability to deliver services under the contract.
Commencement Information
I1Sch. 3 para. 40 in force at 1.10.2023, see reg. 1(2)