Explanatory note

These Regulations provide for the procedure to be followed where the Secretary of State has appointed a person to consider and determine a dispute between health service bodies regarding an NHS contract or the proposed terms of such a contract. The Regulations supersede earlier regulations governing the determination of such disputes, in the light of the changes made to health service bodies by the Health Authorities Act 1995.

Section 4(3) of the National Health Service and Community Care Act 1990 provides that an arrangement between health service bodies which constitutes an NHS contract shall not give rise to contractual rights and liabilities but that a dispute which arises with respect to such an arrangement may be referred to the Secretary of State for determination. Section 4(4) of that Act makes similar provision for a situation where health service bodies are negotiating a proposed NHS contract. The Secretary of State may determine both types of reference himself or appoint a person to consider and determine the matter in accordance with regulations.

The Regulations make provision for the person appointed to give both parties to the dispute and the Secretary of State an opportunity to make written representations (regulation 2(1)). The person appointed may invite parties to make oral representations and may consult experts (regulation 2(5)). There are time limits for the various stages of the dispute resolution procedure (regulation 2(8) and (9)). Regulation 3 makes provision for the adjudicator to record his determination in writing, give reasons for his determination and send it and the reason for it to the parties and the Secretary of State.

Regulation 4 revokes the instrument which these Regulations replace.