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Paragraph 29 Dispute resolution: non-NHS contracts

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the case of a contract which is not an NHS contract, any dispute arising out of or in connection with the contract, except disputes about matters dealt with under the complaints procedure pursuant to Part 5 of this Schedule, may be referred for consideration and determination to the Secretary of State, if—

(a)

the PCT so wishes and the contractor has agreed in writing; or

(b)

the contractor so wishes (even if the PCT does not agree).

(2)

In the case of a dispute referred to the Secretary of State under sub-paragraph (1)—

(a)

the procedure to be followed is the NHS dispute resolution procedure; and

(b)

the parties agree (or in a case to which sub-paragraph (1)(b) applies is deemed to agree) to be bound by any determination made by the adjudicator.