Regulation 5 Amendment to regulation 63 (referrals in respect of disagreement between contract parties)

at the beginning of paragraph (3) insert “Subject to the exception in paragraph (3A),”;

after paragraph (3) insert—

“(3A)

Where the disagreement is not resolved and the matter concerns a determination made by the supplier under or by virtue of regulations 19(3A) and (3B) or 39(1)(e) and (f)—

(a)

paragraph (3) does not apply, and

(b)

the supplier's determination remains effective.”.