Regulation 19 Under provision of units of dental activity , units of orthodontic activity or required number of urgent treatmentsF11

The contract shall provide that F1NHS England shall not pursuant to Part 9 of Schedule 3 (variation and termination of agreements) be entitled to take any action for breach of a term of the contract giving effect to regulation 17 F2, 17A or 18 (including termination of the contract) where paragraph (2) applies.

Subject to paragraph (4), this paragraph applies where the contractor has failed to provide—

it is contracted to provide pursuant to a term of the contract giving effect to regulation 17 F7, 17A or 18 (as the case may be) where—

Paragraphs (1) and (2) shall not prevent NHS England from taking action under Part 9 of Schedule 3 for breach of contract (including terminating the contract) on other grounds.

In the case of a temporary contract the reference to a period of not less than 60 days in paragraph (2)(ii) may not apply if NHS England considers it not appropriate or considers another period of less than 60 days should apply.