The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

• “NHS body” means a clinical commissioning group, (in England and Wales and Scotland) an NHS Trust, an NHS foundation trust, NHS England , a Local Health Board, and a Health Board;

• “local authority” means –any of the bodies listed in section 1 of the Local Authority Social Services Act 1970⁷⁸;the Council of the Isles of Scilly, ora council constituted under section 2 of the Local Government etc, (Scotland) Act 1994⁷⁹.

• (3) The co-operation required by sub-paragraph (1) includes –

• (a) answering questions reasonably put to the contractor by the Board;

• (b) providing any information relating to the complaint reasonably required by the Board ; and

• (c) attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given) if the contractor’s presence at the meeting is reasonably required by the Board.

Provision of information about complaints

90

• (1) The contractor shall inform the Board, at such intervals as required, of the number of complaints it has received under the procedure established in accordance with this Part.

• (2) This paragraph does not apply in relation to out of hours services provided by a contractor on or after 1st May 2005.

PART 7 — dispute resolution

Local resolution of contract disputes

91

• (1) Subject to sub-paragraph (3), in the case of any dispute arising out of or in connection with the contract, the contractor and the Department must make every reasonable effort to communicate and co-operate with each other with a view to resolving the dispute, before referring the dispute for determination in accordance with the dispute resolution procedure (or, where applicable, before commencing court proceedings).

• (2) Either the contractor or the Department may, if it wishes to do so, invite the relevant Local Medical Committee ... to participate in discussions which take place pursuant to sub-paragraph (1).

• (3) In the case of a dispute which falls to be dealt with under the procedure specified in paragraph 36, sub-paragraph (1) does not apply where it is not practicable for the parties to attempt local resolution before the expiry of the period specified in paragraph 36(4).

Dispute resolution: non-HSS contracts

92

• (1) In the case of a contract which is not an HSS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the complaints procedure pursuant to Part 6, may be referred for consideration and determination to the Family Practitioner Services Independent Appeal Panel , if –

• (a) the Department so wishes and the contractor has agreed in writing; or

• (b) the contractor so wishes (even if the Department does not agree).

• (2) In the case of a dispute referred to the Family Practitioner Services Independent Appeal Panel under sub-paragraph (1) –

• (a) the procedure to be followed is the dispute resolution procedure; and

• (b) the parties agree to be bound by any determination made by the adjudicator.

Dispute resolution procedure

93

• (1) Subject to sub-paragraph (2), the procedure specified in the following sub-paragraphs and paragraph 94 applies in the case of any dispute arising out of or in connection with the contract which is referred to the Family Practitioner Services Independent Appeal Panel –

• (a) in accordance with Article 8(4) of the 1991 Order (where the contract is a HSS contract); or

• (b) in accordance with paragraph 92(1) (where the contract is not a HSS contract).

• (2) The procedure specified in this paragraph and paragraph 94 does not apply where a contractor refers a matter for determination in accordance with paragraph 36(1), and in such a case the procedure specified in that paragraph shall apply instead.

• (3) Any party wishing to refer a dispute as mentioned in sub-paragraph (1) shall send to the Family Practitioner Services Independent Appeal Panel a written request for dispute resolution which shall include or be accompanied by –

• (a) the names and addresses of the parties to the dispute;

• (b) a copy of the contract; and

• (c) a brief statement describing the nature and circumstances of the dispute.

• (4) Any party wishing to refer a dispute as mentioned in sub-paragraph (1) must send the request under sub-paragraph (3) within a period of three years beginning with and including the date on which the matter giving rise to the dispute happened or should reasonably have come to the attention of the party wishing to refer the dispute.

• (5) Where the dispute relates to a contract which is not a HSS contract, the Family Practitioner Services Independent Appeal Panel may determine the matter itself or, if it considers it appropriate, appoint a person to consider and determine it⁸⁰.

• (6) Before reaching a decision as to who should determine the dispute, either under sub-paragraph (5) or under Article 8(5) of the 1991 Order, the Family Practitioner Services Independent Appeal Panel shall, within the period of 7 days beginning with and including the date on which a matter was referred to it, send a written request to the parties to make in writing, within a specified period, any representations which they may wish to make about the matter under dispute .

• (7) The Family Practitioner Services Independent Appeal Panel shall give, with the notice given under sub-paragraph (6), to the party other than the one which referred the matter to dispute resolution a copy of any document by which the matter was referred to dispute resolution.

• (8) The Family Practitioner Services Independent Appeal Panel shall give a copy of any representations received from a party to the other party and shall in each case request (in writing) a party to whom a copy of the representations is given to make within a specified period any written observations which it wishes to make on those representations.

• (9) Following receipt of any representations from the parties or, if earlier, at the end of the period for making such representations specified in the request sent under sub-paragraph (6) or (8), the Family Practitioner Services Independent Appeal Panel shall, if it decides to appoint a person to hear the dispute –

• (a) inform the parties in writing of the name of the person or persons whom it has appointed; and

• (b) pass to the person or persons so appointed any documents received from the parties under or pursuant to paragraphs (3), (6) or (8).

• (10) For the purpose of assisting him in his consideration of the matter, the adjudicator may –

• (a) invite representatives of the parties to appear before him to make oral representations either together or, with the agreement of the parties, separately, and may in advance provide the parties with a list of matters or questions to which he wishes them to give special consideration; or

• (b) consult other persons whose expertise he considers will assist him in his consideration of the matter.

• (11) Where the adjudicator consults another person under sub-paragraph (10)(b), he shall notify the parties accordingly in writing and, where he considers that the interests of any party might be substantially affected by the result of the consultation, he shall give to the parties such opportunity as he considers reasonable in the circumstances to make observations on those results.

• (12) In considering the matter, the adjudicator shall consider –

• (a) any written representations made in response to a request under sub-paragraph (6), but only if they are made within the specified period;

• (b) any written observations made in response to a request under sub-paragraph (8), but only if they are made within the specified period;

• (c) any oral representations made in response to an invitation under sub-paragraph (10)(a);

• (d) the results of any consultation under sub-paragraph (10)(b); and

• (e) any observations made in accordance with an opportunity given under sub-paragraph (11).

• (13) In this paragraph, “specified period” means such period as the Family Practitioner Services Independent Appeal Panel shall specify in the request, being not less than 2, nor more than 4, weeks beginning with and including the date on which the notice referred to is given, but the Family Practitioner Services Independent Appeal Panel may, if it considers that there is good reason for doing so, extend any such period (even after it has expired) and, where it does so, a reference in this paragraph to the specified period is to the period as so extended.

• (14) Subject to the other provisions of this paragraph and paragraph 94 and to any agreement by the parties, the adjudicator shall have wide discretion in determining the procedure of the dispute resolution to ensure the just, expeditious, economical and final determination of the dispute.

Determination of dispute

94

• (1) The adjudicator shall record his determination and the reasons for it, in writing and shall give notice of the determination (including the record of the reasons) to the parties.

• (2) In the case of a contract referred for determination in accordance with paragraph 92(1), sub-paragraph (9) of Article 8 of the 1991 Order shall apply as that sub-paragraph applies in the case of a contract referred for determination in accordance with sub-paragraph (4) of Article 8 of that Order.

• (3) In the case of a contract referred for determination in accordance with paragraph 92(1), sub-paragraph (5) of Article 57F of the Order shall apply as that subparagraph applies in the case of a contract referred for determination in accordance with sub-paragraph (4) of Article 8 of the 1991 Order.

Interpretation of Part 7

95

• (1) In this Part, “any dispute arising out of or in connection with the contract” includes any dispute arising out of or in connection with the termination of the contract.

• (2) Any term of the contract that makes provision in respect of the requirements in this Part shall survive even where the contract has terminated.

PART 8 — variation and termination of contracts

Variation of a contract: general

96

• (1) Subject to Schedule 2 and paragraphs 64(8), 65(8), 97, 98 and 109, no amendment or variation shall have effect unless it is in writing and signed by or on behalf of the Board and the contractor.

• (2) In addition to the specific provision made in paragraphs 97(6), 98(6) and 109, the Board may vary the contract without the contractor’s consent where it –

• (a) is reasonably satisfied that it is necessary to vary the contract so as to comply with the Order, any regulations made pursuant to that Order, or any direction given by the Department pursuant to that Order; and

• (b) notifies the contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect,

and, where it is reasonably practicable to do so, the date that the proposed variation is to take effect shall be not less than 14 days after the date on which the notice under head (b) is served on the contractor.

Variation provisions specific to a contract with an individual medical practitioner

97

• (1) If a contractor which is an individual medical practitioner proposes to practise in partnership with a person during the existence of the contract, the contractor shall notify the Board in writing of –

• (a) the name of the person with whom he proposes to practise in partnership; and

• (b) the date on which the contractor wishes to change his status as a contractor from that of an individual medical practitioner to that of a partnership, which shall be not less than 28 days after the date upon which he has served the notice on the Board pursuant to this sub-paragraph.

• (2) A notice under sub-paragraph (1) shall in respect of the person with whom the contractor is proposing to practise in partnership, and also in respect of himself as regards the matters specified in head (c) –

• (a) confirm that he is either –

• (i) a medical practitioner, or

• (ii) a person who satisfies the conditions specified in Article 57B(2)(b)(i) to (iv) of the Order⁸¹;

• (b) confirm that he is a person who satisfies the conditions imposed by regulations 4 and 5; and

• (c) state whether or not it is to be a limited partnership, and if so, who is to be a limited and who a general partner,

and the notice shall be signed by the individual medical practitioner and by the person with whom he is proposing to practise in partnership.

• (3) The contractor shall ensure that any person who will practise in partnership with him is bound by the contract, whether by virtue of a partnership deed or otherwise.

• (4) If the Board is satisfied as to the accuracy of the matters specified in sub-paragraph (2) that are included in the notice, the Board shall give notice in writing to the contractor confirming that the contract shall continue with the partnership entered into by the contractor and his partners, from a date that the Board specifies in that notice.

• (5) Where it is reasonably practicable, the date specified by the Board pursuant to sub-paragraph (4) shall be the date requested in the notice served by the contractor pursuant to sub-paragraph (1), or, where that date is not reasonably practicable, the date specified shall be a date after the requested date that is as close to the requested date as is reasonably practicable.

• (6) Where a contractor has given notice to the Board pursuant to sub-paragraph (1), the Board –

• (a) may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from an individual medical practitioner to a partnership; and

• (b) if it does propose to so vary the contract, it shall include in the notice served on the contractor pursuant to sub-paragraph (4) the wording of the proposed variation and the date upon which that variation is to take effect.

Variation provisions specific to a contract with two or more individuals practising in partnership

98

• (1) Subject to sub-paragraph (4), where a contractor consists of two or more individuals practising in partnership in the event that the partnership is terminated or dissolved, the contract shall only continue with one of the former partners if that partner is –

• (a) nominated in accordance with sub-paragraph (3); and

• (b) a medical practitioner who meets the condition in regulation 4(2)(a),

and provided that the requirements in sub-paragraphs (2) and (3) are met.

• (2) A contractor shall notify the Board in writing at least 28 days in advance of the date on which the contractor proposes to change his status from that of a partnership to that of an individual medical practitioner pursuant to sub-paragraph (1).

• (3) A notice under sub-paragraph (2) shall –

• (a) specify the date on which the contractor proposes to change his status from that of a partnership to that of an individual medical practitioner;

• (b) specify the name of the medical practitioner with whom the contract will continue, which must be one of the partners; and

• (c) be signed by all of the persons who are practising in partnership.

• (4) If a partnership is terminated or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, ... the remaining individual shall notify the Board in writing as soon as it is reasonably practicable of the death of his partner and sub-paragraph (4A) or (4B) shall apply. –

• (a) the contract shall continue with the individual who has not died only if that individual is a medical practitioner who meets the condition in regulation 4(2)(a); and

• (b) that individual shall in any event notify the Board in writing as soon as is reasonably practicable of the death of his partner.

• (4A) If the remaining individual is a general medical practitioner, the contract shall continue with that individual.

• (4B) If sub-paragraph (4A) does not apply, the Board may, if it thinks fit, serve notice in writing on the remaining individual confirming that the Board will allow the contract to continue with that individual, for a period specified by the Board of up to six months (the “interim period”) provided that he consents to the Board employing or supplying a general medical practitioner to him for the interim period to assist in the provision of clinical services under the contract.

• (4C) Before deciding whether to serve a notice pursuant to paragraph (4B), the Board shall, whenever it is reasonably practicable to do so, consult the Local Medical Committee (if any) for its area.

• (4D) If, during the interim period, the contractor withdraws his consent to the Board employing or supplying a general medical practitioner, the Board shall serve notice in writing on the contractor terminating the contract forthwith.

• (4E) If, at the end of the interim period, the contractor has not entered into partnership with a general medical practitioner who is not a limited partner, the Board shall serve notice on the contractor terminating the contract forthwith.

• (5) When the Board receives a notice pursuant to sub-paragraph (2) or (4) , it shall acknowledge in writing receipt of the notice, and in relation to a notice served pursuant to sub-paragraph (2), the Board shall do so before the date specified pursuant to sub-paragraph (3)(a).

• (6) Where a contractor gives notice to the Board pursuant to sub-paragraph (2) or (4), the Board may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from a partnership to an individual medical practitioner.

• (7) If the Board varies the contract pursuant to sub-paragraph (6), it shall notify the contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.

• (8) In this paragraph, “general medical practitioner” has the same meaning as in regulation 4(1).

Termination by agreement

99

The Board and the contractor may agree in writing to terminate the contract, and if the parties so agree, they shall agree the date upon which that termination should take effect and any further terms upon which the contract should be terminated.

Termination by the contractor

100

• (1) A contractor may terminate the contract by serving notice in writing on the Board at any time.

• (2) Where a contractor serves notice pursuant to sub-paragraph (1), the contract shall, subject to sub-paragraph (3), terminate six months after the date on which the notice is served (“the termination date”), save that if the termination date is not the last calendar day of a month, the contract shall instead terminate on the last calendar day of the month in which the termination date falls.

• (3) Where the contractor is an individual medical practitioner, sub-paragraph (2) shall apply to the contractor, save that the reference to “ six months” shall instead be to “three months”.

• (4) This paragraph and paragraph 101 are without prejudice to any other rights to terminate the contract that the contractor may have.

Late payment notices

101

• (1) The contractor may give notice in writing (a “late payment notice”) to the Board if the Board has failed to make any payments due to the contractor in accordance with a term of the contract that has the effect specified in regulation 22, and the contractor shall specify in the late payment notice the payments that the Board has failed to make in accordance with that regulation.

• (2) Subject to sub-paragraph (3), the contractor may, at least 28 days after having served a late payment notice, terminate the contract by a further written notice if the Board has still failed to make the payments due to the contractor, and that were specified in the late payment notice served on the Board pursuant to sub-paragraph (1).

• (3) If, following receipt of a late payment notice, the Board refers the matter to the dispute resolution procedure within 28 days of the date upon which it is served with the late payment notice, and it notifies the contractor in writing that it has done so within that period of time, the contractor may not terminate the contract pursuant to sub-paragraph (2) until –

• (a) there has been a determination of the dispute pursuant to paragraph 94 and that determination permits the contractor to terminate the contract; or

• (b) the Board ceases to pursue the dispute resolution procedure,

whichever is the sooner.

Termination by the Board: general

102

The Board may only terminate the contract in accordance with the provisions in this Part.

Termination by the Board for breach of conditions in regulation 4

103

• (1) Subject to sub-paragraph (1A), the Board shall serve notice in writing on the contractor terminating the contract forthwith if the contractor is an individual medical practitioner and the medical practitioner no longer satisfies the condition specified in regulation 4(1).

• (1A) Where the failure of an individual medical practitioner to continue to satisfy the condition specified in regulation 4(1) is the result of a suspension specified in sub-paragraph (3B), sub-paragraph (1) shall not apply unless—

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

• (b) the 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 Board is at risk of material financial loss.

• (2) Except in a case to which paragraph 98(4) where the contractor is –

• (a) two or more persons practising in partnership, and the condition specified in regulation 4(2)(a) is no longer satisfied; or

• (b) a company limited by shares, and the condition specified in regulation 4(3)(a) is no longer satisfied,

sub-paragraph (3) shall apply.

• (3) Where sub-paragraph (2)(a) or (b) applies, the Board shall –

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

• (b) serve notice in writing on the contractor confirming that the Board will allow the contract to continue, for a period specified by the Board of in accordance with paragraph (3A) (the “interim period”), during which time the Board shall, with the consent of the contractor, employ or supply a general medical practitioner to the contractor for the interim period to assist the contractor in the provision of clinical services under the contract.

• (3A) The period specified by the Board under sub-paragraph (3)(b) shall not exceed—

• (a) six months; or

• (b) in a case where the failure of the contractor to continue to satisfy the condition in regulation 4(2)(a) or, as the case may be, 4(3)(a), is the result of a suspension referred to in sub-paragraph (3B), the period for which that suspension continues.

• (3B) The suspensions referred to in sub-paragraphs (1A) and (3A)(b) are suspension—

• (a) by a Fitness to Practise Panel under—

• (i) section 35D (functions of a fitness to practice panel) 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 the Act; or

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

• (3C) In paragraph (3B), “health case” has the meaning given in section 35E(4) of the Medical Act 1983.

• (4) Before deciding which of the options in sub-paragraph (3) to pursue, the Board shall, whenever it is reasonably practicable to do so, consult the Local Medical Committee (if any) for its area.

• (5) If the contractor does not, pursuant to sub-paragraph (3)(b), consent to the Board employing or supplying a general medical practitioner during the interim period, the Board shall serve notice in writing on the contractor terminating the contract forthwith.

• (6) If, at the end of the interim period, the contractor still falls within sub-paragraph (2)(a) or (b), the Board shall serve notice in writing on the contractor terminating the contract forthwith.

• (7) In sub-paragraphs (3) and (5), “general medical practitioner” has the same meaning as in regulation 4(1).

Termination by the Board for the provision of untrue etc. information

104

The Board may serve notice in writing on the contractor terminating the contract forthwith, or from such date as may be specified in the notice if, after the contract has been entered into, it comes to the attention of the Board that written information provided to the Board by the contractor—

• by the contractor—before the contract was entered into; orpursuant to paragraph 79(2) or (3) or 80(2),in relation to the conditions set out in regulations 4 and 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.

Other grounds for termination by the Board

105

• (1) The Board may serve notice in writing on the contractor terminating the contract forthwith, or from such date as may be specified in the notice if –

• (a) in the case of a contract with a medical practitioner, that medical practitioner;

• (b) in the case of a contract with two or more individuals practising in partnership, any individual or the partnership; and

• (c) in the case of a contract with a company limited by shares –

• (i) the company,

• (ii) any person legally and beneficially owning a share in the company, or

• (iii) any director or secretary of the company,

falls within sub-paragraph (2) during the existence of the contract or, if later, on or after the date on which a notice in respect of his compliance with the conditions in regulation 5 was given under paragraph 79(2) or (3) or 80(2).

• (2) A person falls within this sub-paragraph if –

• (a) it does not satisfy the conditions prescribed in Article 57B(2)(b) or (3)(b) of the Order;

• (b) he is the subject of a general or national disqualification;

• (c) subject to sub-paragraph (3), he is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;

• (d) subject to sub-paragraph (4), he has been dismissed (otherwise than by reason of redundancy) from any employment by a health services body unless before the Board has served a notice terminating the contract pursuant to this paragraph, he is employed by the health services body that dismissed him or by another health and social services body;

• (e) he is disqualified from a primary medical services performers list unless his name has subsequently been included in such a list;

• (f) he has been convicted in the United Kingdom of murder;

• (g) he has been convicted in the United Kingdom of a criminal offence other than murder and has been sentenced to a term of imprisonment of over six months;

• (h) subject to sub-paragraph (5), he has been convicted elsewhere of an offence which would if committed in Northern Ireland –

• (i) constitute murder; or

• (ii) constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;

• (i) he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons (Northern Ireland) Act 1968⁸², Schedule 1 to the Children and Young Persons Act 1933⁸³ or Schedule 1 to the Criminal Procedure (Scotland) Act 1995⁸⁴;

• (j) he has –

• (i) been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled,

• (ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986⁸⁵ or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 , unless that order has ceased to have effect or has been annulled,

• (iii) made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it,

• (iv) been wound up under Part V of the Insolvency (Northern Ireland) Order 1989⁸⁶;

• (k) there is –

• (i) an administrator, administrative receiver or receiver appointed in respect of him, or

• (ii) an administration order made in respect of him under Part III of the Insolvency (Northern Ireland) Order 1989;

• (l) that person is a partnership and –

• (i) a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator, or

• (ii) an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership;

• (m) he has been –

• (i) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or

• (ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990⁸⁷ (powers of the Court of Session to deal with management of charities) or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session) , from being concerned in the management or control of any body;

• (n) he is subject to a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002⁸⁸, the Company Directors Disqualification Act 1986⁸⁹ or to an order made under section 429(2)(b) of the Insolvency Act 1986⁹⁰ (failure to pay under county court administration order);

• (o) he has refused to comply with a request by the Board for him to be medically examined on the grounds that it is concerned that he is incapable of adequately providing services under the contract and, in a case where the contract is with two or more individuals practising in partnership or with a company, the Board is not satisfied that the contractor is taking adequate steps to deal with the matter.

• (3) A Board shall not terminate the contract pursuant to sub-paragraph (2)(c) where the Board is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be –

• (a) a contractor;

• (b) a partner, in the case of a contract with two or more individuals practising in partnership; or

• (c) in the case of a contract with a company limited by shares –

• (i) a person legally and beneficially holding a share in the company, or

• (ii) a director or secretary of the company,

as the case may be.

• (4) A Board shall not terminate the contract pursuant to sub-paragraph (2)(d) –

• (a) until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

• (b) if, during the period of time specified in head (a), the person concerned brings proceedings in any competent tribunal or court in respect of his dismissal, until proceedings before that tribunal or court are concluded,

and the Board may only terminate the contract at the end of the period specified in head (b) if there is no finding of unfair dismissal at the end of those proceedings.

• (5) A Board shall not terminate the contract pursuant to sub-paragraph (2)(h) where the Board is satisfied that the conviction does not make the person unsuitable to be –

• (a) a contractor;

• (b) a partner, in the case of a contract with two or more individuals practising in partnership; or

• (c) in the case of a contract with a company limited by shares –

• (i) a person legally and beneficially holding a share in the company, or

• (ii) a director or secretary of the company,

as the case may be.

106

The Board may serve notice in writing on the contractor terminating the contract forthwith or with effect from such date as may be specified in the notice if –

• (a) the contractor has breached the contract and as a result of that breach, the safety of the contractor’s patients is at serious risk if the contract is not terminated; or

• (b) the contractor’s financial situation is such that the Board considers that the Board is at risk of material financial loss.

Termination by the Board: remedial notices and breach notices

107

• (1) Where a contractor has breached the contract other than as specified in paragraphs 103 to 106A and the breach is capable of remedy, the Board shall, before taking any action it is otherwise entitled to take by virtue of the contract, serve a notice on the contractor requiring it to remedy the breach (“remedial notice”).

• (2) A remedial notice shall specify –

• (a) details of the breach;

• (b) the steps the contractor must take to the satisfaction of the Board in order to remedy the breach; and

• (c) the period during which the steps must be taken (“the notice period”).

• (3) The notice period shall, unless the Board is satisfied that a shorter period is necessary to –

• (a) protect the safety of the contractor’s patients; or

• (b) protect itself from material financial loss,

be no less than 28 days from the date that notice is given.

• (4) Where a Board is satisfied that the contractor has not taken the required steps to remedy the breach by the end of the notice period, the Board may terminate the contract with effect from such date as the Board may specify in a further notice to the contractor.

• (5) Where a contractor has breached the contract other than as specified in specified in paragraphs 103 to 106A and the breach is not capable of remedy, the Board may serve notice on the contractor requiring the contractor not to repeat the breach (“breach notice”).

• (6) If, following a breach notice or a remedial notice, the contractor –

• (a) repeats the breach that was the subject of the breach notice or the remedial notice; or

• (b) otherwise breaches the contract resulting in either a remedial notice or a further breach notice,

the Board may serve notice on the contractor terminating the contract with effect from such date as may be specified in that notice.

• (7) The Board shall not exercise its right to terminate the contract under sub-paragraph (6) unless it is satisfied that the cumulative effect of the breaches is such that the Board considers that to allow the contract to continue would be prejudicial to the efficiency of the services to be provided under the contract.

• (8) If the contractor is in breach of any obligation and a breach notice or a remedial notice in respect of that default has been given to the contractor, the Board may withhold or deduct monies which would otherwise be payable under the contract in respect of that obligation which is the subject of the default.

Termination by the Board: additional provisions specific to contracts with two or more individuals practising in partnership and companies limited by shares

108

• (1) Where the contractor is a company limited by shares, if the Board becomes aware that the contractor is carrying on any business which the Board considers to be detrimental to the contractor’s performance of his obligations under the contract –

• (a) the Board shall be entitled to give notice to the contractor requiring that he ceases carrying on that business before the end of a period of not less than 28 days beginning on and including the day on which the notice is given (“the notice period”); and

• (b) if the contractor has not satisfied the Board that he has ceased carrying on that business by the end of the notice period, the Board may, by a further written notice, terminate the contract forthwith or from such date as may be specified in the notice.

• (2) Where the contractor is two or more persons practising in partnership, the Board shall be entitled to terminate the contract by notice in writing on such date as may be specified in that notice where one or more partners have left the practice during the existence of the contract if in its reasonable opinion, the Board considers that the change in membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Board to perform its obligations under the contract.

• (3) A notice given to the contractor pursuant to sub-paragraph (2) shall specify –

• (a) the date upon which the contract is to be terminated; and

• (b) the Board’s reasons for considering that the change in the membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Board to perform his obligations under the contract.

Contract sanctions

109

• (1) In this paragraph and paragraph 110, “contract sanction” means –

• (a) termination of specified reciprocal obligations under the contract;

• (b) suspension of specified reciprocal obligations under the contract for a period of up to six months; or

• (c) withholding or deducting monies otherwise payable under the contract.

• (2) Where the Board is entitled to terminate the contract pursuant to paragraph 104, 105, 106 or 107(4) or (6) or paragraph 108, it may instead impose any of the contract sanctions if the Board is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to the Board’s entitlement to terminate the contract.

• (3) The Board shall not, under sub-paragraph (2), be entitled to impose any contract sanction that has the effect of terminating or suspending any obligation to provide, or any obligation that relates to, essential services.

• (4) If the Board decides to impose a contract sanction, it must notify the contractor of the contract sanction that it proposes to impose, the date upon which that sanction will be imposed and provide in that notice an explanation of the effect of the imposition of that sanction.

• (5) Subject to paragraph 110, the Board shall not impose the contract sanction until at least 28 days after it has served notice on the contractor pursuant to sub-paragraph (4) unless the Board is satisfied that it is necessary to do so in order to –

• (a) protect the safety of the contractor’s patients; or

• (b) protect itself from material financial loss.

• (6) Where the Board imposes a contract sanction, the Board shall be entitled to charge the contractor the reasonable costs of additional administration that the Board has incurred in order to impose, or as a result of imposing, the contract sanction.

Contract sanctions and the dispute resolution procedure

110

• (1) If there is a dispute between the Board and the contractor in relation to a contract sanction that the Board is proposing to impose, the Board shall not, subject to sub-paragraph (4), impose the proposed contract sanction except in the circumstances specified in sub-paragraph (2)(a) or (b).

• (2) If the contractor refers the dispute relating to the contract sanction to the dispute resolution procedure within 28 days beginning on and including the date on which the Board served notice on the contractor in accordance with paragraph 109(4) (or such longer period as may be agreed in writing with the Board), and notifies the Board in writing that he has done so, the Board shall not impose the contract sanction unless –

• (a) there has been a determination of the dispute pursuant to paragraph 94 and that determination permits the Board to impose the contract sanction; or

• (b) the contractor ceases to pursue the dispute resolution procedure,

whichever is the sooner.

• (3) If the contractor does not invoke the dispute resolution procedure within the time specified in sub-paragraph (2), the Board shall be entitled to impose the contract sanction forthwith.

• (4) If the Board is satisfied that it is necessary to impose the contract sanction before the dispute resolution procedure is concluded in order to –

• (a) protect the safety of the contractor’s patients; or

• (b) protect itself from material financial loss,

the Board shall be entitled to impose the contract sanction forthwith, pending the outcome of that procedure.

Termination and the dispute resolution procedure

111

• (1) Where the Department is entitled to serve written notice on the contractor terminating the contract pursuant to paragraph 104, 105, 106, 107(4) or (6) or 108, the Department shall, in the notice served on the contractor pursuant to those provisions, specify a date on which the contract terminates that is not less than 28 days after the date on which the Department has served that notice on the contractor unless sub-paragraph (2) applies.

• (2) This sub-paragraph applies if the Department is satisfied that a period less than 28 days is necessary in order to –

• (a) protect the safety of the contractor’s patients; or

• (b) protect itself from material financial loss.

• (3) In a case falling with sub-paragraph (1), where the exceptions in sub-paragraph (2) do not apply, where the contractor invokes the dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1), and he notifies the Department in writing that he has done so, the contract shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in sub-paragraph (4).

• (4) The contract shall only terminate if and when –

• (a) there has been a determination of the dispute pursuant to paragraph 94 and that determination permits the Department to terminate the contract; or

• (b) the contractor ceases to pursue the dispute resolution procedure,

whichever is the sooner.

• (5) If the Department is satisfied that it is necessary to terminate the contract before the dispute resolution procedure is concluded in order to –

• (a) protect the safety of the contractor’s patients; or

• (b) protect itself from material financial loss,

sub-paragraphs (3) and (4) shall not apply and the Department shall be entitled to confirm, by written notice to be served on the contractor, that the contract will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 104, 105(1), 106, 107(4) or (6) or 108.

Consultation with the Local Medical Committee

112

• (1) Whenever the Board is considering –

• (a) terminating the contract pursuant to paragraph 104, 105, 106, 107(4) or (6) or 108;

• (b) which of the alternative sanctions in writing available under the provisions of paragraph 106A it will serve; or

• (c) imposing a contract sanction,

it shall, whenever it is reasonably practicable to do so, consult the Local Medical Committee (if any) for its area before it terminates the contract or imposes a contract sanction.

• (2) Whether or not the Local Medical Committee has been consulted pursuant to sub-paragraph (1), whenever the Board imposes a contract sanction on a contractor or terminates a contract pursuant to this Part, it shall, as soon as reasonably practicable, notify the Local Medical Committee in writing of the contract sanction imposed or of the termination of the contract (as the case may be).

PART 9 — miscellaneous

Clinical governance

113

• (1) The contractor shall have an effective system of clinical governance which shall include appropriate standard operating procedures in relation to the management and use of controlled drugs .

• (2) The contractor shall nominate a person who will have responsibility for ensuring the effective operation of the system of clinical governance.

• (3) The person nominated under sub-paragraph (2) shall be a person who performs or manages services under the contract.

• (4) In this paragraph “system of clinical governance” means a framework through which the contractor endeavours continuously to improve the quality of his services and safeguard high standards of care by creating an environment in which clinical excellence can flourish.

Insurance

114

• (1) The contractor shall at all times have in force in relation to it an indemnity arrangement which provides appropriate cover .

• (2) The contractor shall not sub-contract his obligations to provide clinical services under the contract unless he has satisfied himself that the sub-contractor has in force in relation to it an indemnity arrangement which provides appropriate cover.

• (3) In this paragraph –

• (a) “indemnity arrangement” means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;

• (aa) “appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;and

• (b) a contractor shall be regarded as “ having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to a person employed or engaged by him in connection with clinical services which that person provides under the contract or, as the case may be, sub-contract.

115

The contractor shall at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the contract which are not covered by an indemnity arrangement referred to in paragraph 114(1).

Gifts

116

• (1) The contractor shall keep a register of gifts which –

• (a) are given to any of the persons specified in sub-paragraph (2) by or on behalf of –

• (i) a patient,

• (ii) a relative of a patient, or

• (iii) any person who provides or wishes to provide services to the contractor or his patients in connection with the contract; and

• (b) have, in his reasonable opinion, an individual value of more than £100·00.

• (2) The persons referred to in sub-paragraph (1) are –

• (a) the contractor;

• (b) where the contract is with two or more individuals practising in partnership, any partner;

• (c) where the contract is with a company –

• (i) any person legally and beneficially holding a share in the company, or

• (ii) a director or secretary of the company;

• (d) any person employed by the contractor for the purposes of the contract;

• (e) any general medical practitioner engaged by the contractor for the purposes of the contract;

• (f) any spouse or civil partner of a contractor (where the contractor is an individual medical practitioner) or of a person specified in paragraphs (b) to (e); or

• (g) any person (whether or not of the opposite sex) whose relationship with a contractor (where the contractor is an individual medical practitioner) or with a person specified in paragraphs (b) to (e) has the characteristics of the relationship between husband and wife.

• (3) Sub-paragraph (1) does not apply where –

• (a) there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the contractor;

• (b) the contractor is not aware of the gift; or

• (c) the contractor is not aware that the donor wishes to provide services to the contractor.

• (4) The contractor shall take reasonable steps to ensure that he is informed of gifts which fall within sub-paragraph (1) and which are given to the persons specified in sub-paragraph (2)(b) to (g).

• (5) The register referred to in sub-paragraph (1) shall include the following information –

• (a) the name of the donor;

• (b) in a case where the donor is a patient, the patient’s Central Health Index number or Health and Care number or, if the number is not known, his address;

• (c) in any other case, the address of the donor;

• (d) the nature of the gift;

• (e) the estimated value of the gift; and

• (f) the name of the person or persons who received the gift.

• (6) The contractor shall make the register available to the Board on request.

Compliance with legislation and guidance

117

The contractor shall –

• (a) comply with all relevant legislation; and

• (b) have regard to all relevant guidance issued by the Board or the Department.

Third party rights

118

The contract shall not create any right enforceable by any person not a party to it.

SCHEDULE 6 — OUT OF HOURS SERVICES

Temporary arrangements for transfer of obligations and liabilities in relation to certain out of hours services

1

• (1) In this Schedule –

• “out of hours arrangement” means an arrangement under sub-paragraph (2); and

• “transferee out of hours services provider” means a person referred to in sub-paragraph (5) who has undertaken to carry out the obligations of a contractor during all or part of the out of hours period in accordance with an out of hours arrangement specified to in sub-paragraph (2).

• (2) Subject to the provisions of this Schedule, where a contractor is required to provide out of hours services pursuant to regulation 30 or 31, the contractor may, with the approval of the Board, make an arrangement with a person referred to in sub-paragraph (5) to transfer the contractor’s obligations under these regulations.

• (3) Any arrangement made pursuant to sub-paragraph (2) shall cease to have effect –

• (a) on the day when the transferee out of hours services provider ceases to meet any of the conditions required to provide primary medical services under these regulations; or

• (b) on 1st January 2005,

whichever is the earlier.

• (4) An arrangement made in accordance with sub-paragraph (2) shall, for so long as it continues, relieve the contractor of –

• (a) his obligations to provide out of hours services pursuant to regulation 30 or 31; and

• (b) all liabilities under the contract in respect of those services.

• (5) The person referred to in sub-paragraph (1) is any person who holds a contract with the Board which includes the provision of out of hours services.

• (6) A contractor may make more than one out of hours arrangement and may do so (for example) with different contractors or providers of primary medical services and in respect of different patients, different times and different parts of his practice area.

• (7) A contractor may retain responsibility for, or make separate out of hours arrangements in respect of, the provision to any patients of maternity medical services during the out of hours period which the contractor is required to provide pursuant to regulation 30 or 31 and any separate out of hours arrangements he makes may encompass all or any part of the maternity medical services he provides.

• (8) Nothing in this paragraph prevents a contractor from retaining or resuming his obligations in relation to named patients.

Application for approval of an out of hours arrangement

2

• (1) An application to the Board for approval of an out of hours arrangement shall be made in writing and shall state –

• (a) the name and address of the proposed transferee out of hours services provider;

• (b) the periods during which the contractor’s obligations under the contract are to be transferred;

• (c) how the proposed transferee out of hours services provider intends to meet the contractor’s obligations during the periods specified under paragraph (b);

• (d) the arrangements for the transfer of the contractor’s obligations under the contract to and from the transferee out of hours services provider at the beginning and end of the periods specified under head (b);

• (e) whether the proposed arrangement includes the contractor’s obligations in respect of maternity medical services; and

• (f) how long the proposed arrangements are intended to last and the circumstances in which the contractor’s obligations under the contract during the periods specified under head (b) would revert to it.

• (2) The Board shall determine the application before the end of the period of 28 days beginning with and including the day on which the Board received it.

• (3) The Board shall grant approval to a proposed out of hours arrangement if it is satisfied –

• (a) having regard to the overall provision of primary medical services provided in the out of hours period in its area, that the arrangement is reasonable and will contribute to the efficient provision of such services in the area;

• (b) having regard, in particular, to the interests of the contractor’s patients, that the arrangement is reasonable;

• (c) having regard, in particular, to all reasonably foreseeable circumstances, that the arrangement is practicable and will work satisfactorily;

• (d) that it will be clear to the contractor’s patients how to seek primary medical services during the out of hours period;

• (e) where maternity medical services are to be provided under the out of hours arrangement, that they will be performed by a medical practitioner who has such medical experience and training as are necessary to enable the medical practitioner properly to perform such services; and

• (f) that if the arrangement comes to an end, the contractor has in place proper arrangements for the immediate resumption of the contractor’s responsibilities,

and shall not refuse to grant approval without first consulting the Local Medical Committee (if any) for its area.

• (4) The Board shall give notice to the contractor of its determination and, where it refuses an application, it shall send the contractor a statement in writing of the reasons for its determination.

• (5) A contractor which wishes to refer the matter in accordance with the dispute resolution procedure must do so before the end of the period of 30 days beginning with and including the day on which the Board’s notification under sub-paragraph (4) was sent.

Effect of approval of an arrangement with a transferee out of hours services provider

3

Where the Board has approved an out of hours arrangement with a transferee out of hours services provider, the Board and the transferee out of hours services provider shall be deemed to have agreed a variation of their contract which has the effect of including in it, from the date on which the out of hours arrangement commences, and for so long as that arrangement continues, the services covered by that arrangement and paragraph 96(1) of Schedule 5 shall not apply.

Review of approval

4

• (1) Where it appears to the Board that it may no longer be satisfied of any of the matters referred to in paragraph 2(3), it may give notice to the contractor that it proposes to review its approval of the out of hours arrangement.

• (2) On any review under sub-paragraph (1), the Board shall allow the contractor a period of 30 days, beginning with and including the day on which it sent the notice, within which to make representations in writing to the Board.

• (3) After considering any representations made in accordance with sub-paragraph (2), the Board may determine to –

• (a) continue its approval;

• (b) withdraw its approval following a period of notice; or

• (c) if it appears to it that it is necessary in the interests of the contractor’s patients, withdraw its approval immediately.

• (4) Except in the case of an immediate withdrawal of approval, the Board shall not withdraw its approval without first consulting the Local Medical Committee (if any) for its area.

• (5) Where the Board determines to withdraw its approval immediately, it shall notify the Local Medical Committee (if any) for its area.

• (6) The Board shall give notice to the contractor of its determination under sub-paragraph (3).

• (7) Where the Board withdraws its approval, whether immediately or on notice, it shall include with the notice a statement in writing of the reasons for its determination.

• (8) A contractor which wishes to refer the matter in accordance with the dispute resolution procedure must do so before the end of the period of 30 days beginning with and including the day on which the Board’s notification under sub-paragraph (6) was sent.

• (9) Where the Board determines to withdraw its approval following a period of notice, the withdrawal shall take effect at the end of the period of two months beginning with and including –

• (a) the date on which the notice referred to in sub-paragraph (6) was sent; or

• (b) where there has been a dispute which has been referred under the dispute resolution procedure and the dispute is determined in favour of withdrawal, the date on which the contractor receives notice of the determination.

• (10) Where the Board determines to withdraw its approval immediately, the withdrawal shall take effect on the day on which the notice referred to in sub-paragraph (6) is received by the contractor.

Immediate withdrawal of approval other than following review

5

• (1) The Board shall withdraw its approval of an out of hours arrangement immediately –

• (a) in the case of an arrangement with a person specified in paragraph 1(5), if the person with whom it is made ceases to hold a contract with the Board which includes the provision of out of hours services; or

• (b) where, without any review having taken place under paragraph 4, it appears to the Board that it is necessary in the interests of the contractor’s patients to withdraw its approval immediately.

• (2) The Board shall give notice to the contractor of a withdrawal of approval under sub-paragraph (1)(a) or (b) and shall include with the notice a statement in writing of the reasons for its determination.

• (3) An immediate withdrawal of approval under sub-paragraph (1) shall take effect on the day on which the notice referred to in sub-paragraph (2) is received by the contractor.

• (4) The Board shall notify the Local Medical Committee (if any) for its area of a withdrawal of approval under sub-paragraph (1)(b).

• (5) A contractor which wishes to refer a withdrawal of approval under sub-paragraph (1)(b) in accordance with the dispute resolution procedure must do so before the end of the period of 30 days beginning with and including the day on which the Board’s notification under sub-paragraph (2) was sent.

Termination of an out of hours arrangement

6

The contractor shall terminate an out of hours arrangement made under paragraph 1(2) with effect from the date of the taking effect of the withdrawal of the Board’s approval of that arrangement under paragraph 4 or 5.

SCHEDULE 7 — CLOSURE NOTICE

...

SCHEDULE 8 — INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

A practice leaflet shall include –

1

The name of the contractor.

2

In the case of a contract with a partnership –

• (a) whether or not it is a limited partnership; and

• (b) the names of all the partners and, in the case of a limited partnership, their status as a general or limited partner.

3

In the case of a contract with a company –

• (a) the names of the directors, the company secretary and the shareholders of that company; and

• (b) the address of the company’s registered office.

4

The full name of each person performing services under the contract.

5

In the case of each health care professional performing services under the contract his professional qualifications.

6

Whether the contractor undertakes the teaching or training of health care professionals or persons intending to become health care professionals.

7

The Contractor’s practice area, including the area known as the outer boundary area, (within the meaning of regulation 18(1A)), by reference to a sketch diagram, plan or postcode .

8

The address of each of the practice premises.

9

The contractor’s telephone and fax numbers and the address of his website (if any).

10

Whether the practice premises have suitable access for disabled patients and, if not, the alternative arrangements for providing services to such patients.

11

How to register as a patient.

12

The right of patients to express a preference of practitioner in accordance with paragraph 18 of Schedule 5 and the means of expressing such a preference.

13

The services available under the contract.

14

The opening hours of the practice premises and the method of obtaining access to services throughout the core hours.

15

The criteria for home visits and the method of obtaining such a visit.

16

The consultations available to patients under paragraphs 5 and 6 of Schedule 5.

17

The arrangements for services in the out of hours period (whether or not provided by the contractor) and how the patient may contact such services.

18

If the services in paragraph 17 are not provided by the contractor, the fact that the Board referred to in paragraph 25 is responsible for commissioning the services.

19

The method by which patients are to obtain repeat prescriptions.

20

If the contractor is a dispensing contractor, the arrangements for dispensing prescriptions.

21

How patients may make a complaint or comment on the provision of service.

22

The rights and responsibilities of the patient, including keeping appointments.

23

The action that may be taken where a patient is violent or abusive to the contractor, his staff, persons present on the practice premises or in the place where treatment is provided under the contract or other persons specified in paragraph 21(2) of Schedule 5.

24

Details of who has access to patient information (including information from which the identity of the individual can be ascertained) and the patient’s rights in relation to disclosure of such information.

25

The name, address and telephone number of the Board which is a party to the contract and from whom details of the primary medical services in the area may be obtained.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 29th March 2004.

Dr. J. F. Livingstone — Senior Officer of the — Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on

29th March 2004.

C. Doran — Senior Officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations set out the framework for general medical services contracts under Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the Order”).

Part 2 of the Regulations prescribes the conditions which, in accordance with Article 57B of the Order, must be met by a contractor before the Health and Social Services Board may enter into a general medical services contract with him.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with Article 57F of the Order. Part 3 applies where the contractor is not a health services body. In cases where the contractor is such a body, the procedure for dealing with pre-contract disputes is set out in Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991.

Part 4 of the Regulations sets out the procedures by which the contractor may elect to be regarded as a health services body.

Part 5 of (and Schedules 1 to 5 and 7 and 8 to) the Regulations prescribe the terms which, in accordance with Articles 57E and 57F of the Order, must be included in a general medical services contract (in addition to those contained in the Order). It includes, in regulation 15, a description of the services which must be provided to patients under general medical services contracts pursuant to Article 57A of the Order.

The prescribed terms include terms relating to –

• (a) the type and duration of the contract (regulations 12 to 14);

• (b) the services to be provided (regulations 15, 16 and 18 to 20 and Schedule 1), the manner in which they are to be provided (Part 1 of Schedule 5) and the procedures for opting out of additional and out of hours services (regulation 17 and Schedule 2);

• (c) the issuing of medical certificates (regulation 21 and Schedule 3);

• (d) finance, fees and charges (regulations 22 to 24 and Schedule 4);

• (e) patient registration and removal, lists closures and assignments (Schedule 5, Part 2 and Schedule 7);

• (f) prescribing and dispensing (Schedule 5, Part 3);

• (g) the conditions to be met by those who perform services or are employed or engaged by the contractor (Schedule 5, Part 4);

• (h) patient records, the provision of information and rights of entry (Schedule 5, Part 5 and Schedule 8);

• (i) complaints (Schedule 5, Part 6);

• (j) procedures for dispute resolution (Schedule 5, Part 7); and

• (k) procedures for variation and termination of contracts (Schedule 5, Part 8).

Part 6 of the Regulations prescribes functions for Local Medical Committees.

Part 7 of the Regulations and Schedule 6 make transitional provision.

Footnotes