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

Prospective

PART 3 E+W List of patients: closure, etc.

Application for closure of list of patients E+W

38.—(1) Where a contractor wants to close its list of patients, the contractor must send a written application to that effect (“ the application”) to the Local Health Board.

(2) The application must include the following information—

(a) the period of time, being a period of not less than 12 weeks and not more than 1 year, during which the contractor proposes its list of patients is to be closed,

(b) the current number of the contractor’s registered patients,

(c) the number of registered patients (lower than the current number of such patients, and expressed either in absolute terms or as a percentage of the number of such patients specified pursuant to paragraph (b)) which, if that number were reached, would trigger the re-opening of the contractor’s list of patients,

(d) the number of registered patients (expressed either in absolute terms or as a percentage of the number of such patients specified pursuant to paragraph (b)) which, if that number were reached, would trigger the re-closure of the contractor’s list of patients,

(e) any withdrawal from or reduction in provision of any supplementary services which had previously been provided under the contract, and

(f) any other information which the contractor considers ought to be drawn to the attention of the Local Health Board.

(3) The Local Health Board must acknowledge receipt of the application before the end of the period of 7 days beginning with the date on which the Local Health Board received the application.

(4) The Local Health Board must consider the application and may request such information from the contractor as the Local Health Board requires in order to enable it to determine the application.

(5) The Local Health Board must enter into discussions with the contractor concerning—

(a) the support which the Local Health Board may give to the contractor, or

(b) any changes which the Local Health Board or the contractor may make,

which would enable the contractor to keep its list of patients open.

(6) The Local Health Board and the contractor must, throughout the period of the discussions referred to in sub-paragraph (5), use reasonable endeavours to achieve the aim of keeping the contractor’s list of patients open.

(7) The Local Health Board or the contractor may, at any stage during the discussions, invite the Local Medical Committee (if there is one) for the area in which the contractor provides services under the contract to attend any meetings arranged between the Local Health Board and the contractor to discuss the application.

(8) The Local Health Board may consult such persons as it appears to the Local Health Board may be affected by the closure of the contractor’s list of patients and, if the Local Health Board does so, it must provide to the contractor a summary of the views expressed by those persons consulted in respect of the application.

(9) The Local Health Board must enable the contractor to consider and comment on all the information before the Local Health Board makes a decision in respect of the application.

(10) A contractor may withdraw the application at any time before the Local Health Board makes a decision in respect of that application.

(11) The Local Health Board must, before the end of the period of 21 days beginning with the date on which the application was received by the Local Health Board (or within such longer period as the parties may agree), make a decision to—

(a) approve the application and determine the date from which the closure of the contractor’s list is to take effect, or

(b) reject the application.

(12) The Local Health Board must give notice in writing to the contractor of its decision to—

(a) approve the application in accordance with paragraph 39, or

(b) reject the application in accordance with paragraph 40.

(13) A contractor may not submit more than one application to close its list of patients in any period of 1 year beginning with the date on which the Local Health Board makes its decision on the application unless—

(a) paragraph 40(3) applies, or

(b) there has been a change in the circumstances of the contractor which affects its ability to deliver services under the contract.

Commencement Information

I1 Sch. 3 para. 38 in force at 1.10.2023, see reg. 1(2)

Approval of an application to close a list of patients E+W

39.—(1) Where the Local Health Board approves an application to close a contractor’s list of patients, the Local Health Board must—

(a) give notice in writing to the contractor of its decision as soon as possible and the notice (“the closure notice”) must include the details specified in sub-paragraph (2), and

(b) at the same time as the Local Health Board gives notice to the contractor, send a copy of the closure 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) The closure notice must include—

(a) the period of time for which the contractor’s list of patients is to be closed which must be—

(i) the period specified in the application, or

(ii) where the Local Health Board and the contractor have agreed in writing to a different period, that different period, and

in either case, the period must not be less than 12 weeks and not more than 1 year,

(b) the date on which the closure of the list of patients is to take effect (“the closure date”), and

(c) the date on which the list of patients is to re-open.

(3) Subject to paragraph 41, a contractor must close its list of patients with effect from the closure date and the list of patients must remain closed for the duration of the closure period as specified in the closure notice.

Commencement Information

I2 Sch. 3 para. 39 in force at 1.10.2023, see reg. 1(2)

Rejection of an application to close a list of patients E+W

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

I3 Sch. 3 para. 40 in force at 1.10.2023, see reg. 1(2)

Re-opening of list of patients E+W

41.  The contractor may re-open its list of patients before the expiry of the closure period if the Local Health Board and the contractor agree that the contractor should do so.

Commencement Information

I4 Sch. 3 para. 41 in force at 1.10.2023, see reg. 1(2)