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Directions as to the functions of the National Health Service Litigation Authority (GMS Contract Disputes) 2005

  • Document type:
    Directions
  • Author:
    Department of Health
  • Published date:
    31 March 2005
  • Primary audience:
    Professionals
  • Publication format:
    Electronic only
  • Gateway reference:
    2005
  • Pages:
    4
  • Copyright holder:
    Crown copyright

The Secretary of State for Health, in exercise of the powers conferred on him by sections 16D, 17 and 18 of the National Health Service Act 1977(a), and all other powers enabling him in that behalf, hereby gives the following Directions:-

Citation, commencement and application

1.--(1) These Directions, which may be cited as the Directions as to the Functions of the National Health Service Litigation Authority (GMS Contract Disputes) 2005, shall come into force on 1st April 2005.

       (2) These Directions apply in relation to England only.

Interpretation

2. In these Directions--

  • 'the Authority' means the National Health Service Litigation Authority established by article 2 of the National Health Service Litigation Authority (Establishment and Constitution) Order 1995(b);
  • 'closure notice' means a notice in the form specified in Schedule 8 to the Regulations;
  • 'contractor' means a party to a GMS contract;
  • 'contractor's list of patients' has the meaning assigned to it in the Regulations;
  • 'default contract' means a contract with a Primary Care Trust made pursuant to article 13 of the Order which is on the terms set out, or agreed in accordance with any options set out, in the Default Contract 2004 dated 18th February 2004(c);
  • 'FHSAA' means the Family Health Services Appeal
  • 'FHSAA (SHA)' means the Family Health Services Appeal Authority (Special Health Authority) established by article 2 of the Family Health Services Appeal Authority  (Establishment and Constitution) Order 1995( );
  • 'GMS contract' means a general medical services contract under section 28Q of the National Health Service Act 1977( );
  • 'mixed dispute' means a dispute that falls within direction 4(2) or 5(1)(a) or (b) where that dispute-
       (a) will also involve the determination of matters that are not specified in direction 4(2) or 5(1)(a) or (b), or
       (b) involves, or is likely to involve, a claim by either party for a direction from the adjudicator that payments should be made by either party to the other party;
  • 'the Order' means the General Medical Services Transitional and Consequential Provisions Order 2004( ); and
  • 'the Regulations' means the National Health Service (General Medical Services Contracts) Regulations 2004( ).

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