carrying out a financial reconciliation; and any other requirements in the contract relating to termination. The Commissinoer will need to agree a new contract with the new contractor which may vary from the original contract in terms of services provided and any other changes agreed. Where the request is for incorporation, the new contractor will be a body corporate and the Commissioner should consider whether it is appropriate to require that the new contract contains a change of control clause. Such a clause requires the contractor to notify the Commissioner where there is a change in ownership or control of the contractor. Legal advice should be sought on the wording of the change of control clause. Where a contract contains such a clause and the Commissioner does not consent to the change but the contractor proceeds anyway, the Commissioner may issue a Remedial Notice. Commencement of the new contract should be made conditional on the new contractor being CQC registered. The CQC cannot provide the Notification of Decision until the date of commencement is agreed. The contractor should, however, provide the Commissioner with written confirmation from the CQC that the CQC does not intend to impose any restrictions on registration of the new contractor. Disputes Where the contractor does not agree with the Commissioner's decision, the contractor may appeal the decision. Please refer to the chapter on managing disputes for further information. Payment system requirements Following the commissioner's decision, any changes to the contracts must be made on the relevant payment and contract management systems. Practice Mergers and/or Contractual Mergers A GP or partnership may hold more than one form of primary care contract with a Commissioner. For example a GMS contractor can also be a party
carrying out a financial reconciliation; and any other requirements in the contract relating to termination. The Commissinoer will need to agree a new contract with the new contractor which may vary from the original contract in terms of services provided and any other changes agreed. Where the request is for incorporation, the new contractor will be a body corporate and the Commissioner should consider whether it is appropriate to require that the new contract contains a change of control clause. Such a clause requires the contractor to notify the Commissioner where there is a change in ownership or control of the contractor. Legal advice should be sought on the wording of the change of control clause. Where a contract contains such a clause and the Commissioner does not consent to the change but the contractor proceeds anyway, the Commissioner may issue a Remedial Notice. Commencement of the new contract should be made conditional on the new contractor being CQC registered. The CQC cannot provide the Notification of Decision until the date of commencement is agreed. The contractor should, however, provide the Commissioner with written confirmation from the CQC that the CQC does not intend to impose any restrictions on registration of the new contractor. Disputes Where the contractor does not agree with the Commissioner's decision, the contractor may appeal the decision. Please refer to the chapter on managing disputes for further information. Payment system requirements Following the commissioner's decision, any changes to the contracts must be made on the relevant payment and contract management systems. Practice Mergers and/or Contractual Mergers A GP or partnership may hold more than one form of primary care contract with a Commissioner. For example a GMS contractor can also be a party
primary-medical-care-policy-guidance-manual-final.docx