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Other Grounds for Termination by the PCT54

17.9

The PCT may serve notice in writing on the Contractor terminating the Contract forthwith, or from such date as may be specified in the notice if:

17.9.1

if the Contractor is a Company, the Contractor, or any director or company secretary of the Contractor,

17.9.2

if the Contractor is an Industrial and Provident Society, Friendly Society, Voluntary Organisation as defined in the NHS Act 1977 or other body, the Contractor or any officer, trustee or any other person concerned with the management of the Contractor,

falls within Clause 17.10 during the term of the Contract.55

17.10

A person falls within this Clause 17.10 if:

17.10.1

he or it is the subject of a National Disqualification;

17.10.2

subject to Clause 17.11, he or it 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;

17.10.3

subject to Clause 17.12, he has been dismissed (otherwise than by reason of redundancy) from any employment by a Health Service Body unless before the PCT has served a notice terminating the Contract pursuant to Clause 17.9, he is employed by the Health Service Body that dismissed him or by another Health Service Body;

17.10.4

he or it is removed from, or refused admission to, a Primary Care List by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act respectively) unless his or its name has subsequently been included in such a list;

17.10.5

he has been convicted in the United Kingdom of murder or an offence referred to in Schedule 1 to the Children and Young Persons Act 1933;

54 Except as noted below, Clauses 17.9 to 17.13 are required by APMS Direction 5(1)(t).   Certain Clauses will need to be amended if the Contractor is an individual or a partnership.

55 This Clause 17.9 will need to be amended if the Contractor is an individual or a partnership – see APMS Direction 5(1)(t).

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