certain partnership matters; for PMS agreements: carrying on business detrimental to the agreement, the notice must specify a date on which the contract terminates that is not less than 28 days after the date on which the Commissioner has served the notice on the contractor. The Commissioner may state a date less than 28 days where this is necessary to protect the safety of the contractor's patients or protect NHS England from material financial loss. APMS contracts are not required to contain any such provisions and the Commissioner should consider the wording of the particular APMS contract. Where the contractor disputes the Commissioner's decision to terminate the contract, the contractor may invoke the NHS dispute resolution procedure. In such circumstances, the Commissioner should refer to the chapter on managing disputes. Where a Termination Notice is issued, the Commissioner should submit a Notice Return to the NHS England primary care inbox () as soon as practicable after issue. A template Notice Return is set out Annex 13 (see also 1.4). Key Considerations on Termination The Commissioner must establish that grounds exist under the terms of the contract to terminate. The Commissioner must follow due process and investigation of the facts and provide the contactor with the opportunity to provide a response to allegations, wherever possible. A flowchart highlighting the main steps that the Commissioner should take when issuing a termination notice is set out in Annex 10. The Commissioner must consider all relevant information available and decide on the appropriate course of action and whether the contract should be terminated. Apart from considerations regarding whether the right to terminate arises, there are a number of common factors that the Commissioner should consider when termination is a proposed course of action. These factors are set out below. This list is not exhaustive and there are likely to be other issues that need due consideration under these provisions. These considerations will also apply following
certain partnership matters; for PMS agreements: carrying on business detrimental to the agreement, the notice must specify a date on which the contract terminates that is not less than 28 days after the date on which the Commissioner has served the notice on the contractor. The Commissioner may state a date less than 28 days where this is necessary to protect the safety of the contractor's patients or protect NHS England from material financial loss. APMS contracts are not required to contain any such provisions and the Commissioner should consider the wording of the particular APMS contract. Where the contractor disputes the Commissioner's decision to terminate the contract, the contractor may invoke the NHS dispute resolution procedure. In such circumstances, the Commissioner should refer to the chapter on managing disputes. Where a Termination Notice is issued, the Commissioner should submit a Notice Return to the NHS England primary care inbox () as soon as practicable after issue. A template Notice Return is set out Annex 13 (see also 1.4). Key Considerations on Termination The Commissioner must establish that grounds exist under the terms of the contract to terminate. The Commissioner must follow due process and investigation of the facts and provide the contactor with the opportunity to provide a response to allegations, wherever possible. A flowchart highlighting the main steps that the Commissioner should take when issuing a termination notice is set out in Annex 10. The Commissioner must consider all relevant information available and decide on the appropriate course of action and whether the contract should be terminated. Apart from considerations regarding whether the right to terminate arises, there are a number of common factors that the Commissioner should consider when termination is a proposed course of action. These factors are set out below. This list is not exhaustive and there are likely to be other issues that need due consideration under these provisions. These considerations will also apply following
primary-medical-care-policy-guidance-manual-final.docx