# The National Health Service (General Dental Services Contracts) Regulations 2005, Regulation 21: Finance

Extent: E+W

(1) Subject to regulation 24C, the contract must contain a term which has the effect of requiring—
(a) NHS England to make payments to the contractor under the contract promptly and in accordance with both the terms of the contract and any other conditions relating to the payment contained in directions given by the Secretary of State under section 28N of the Act (GDS contracts: payments); and
(b) the contractor to make payments promptly to NHS England and in accordance with both the terms of the contract and any other conditions relating to payment contained in directions given by the Secretary of State under section 28N of the Act.
(2) The obligation referred to in paragraph (1) is subject to any right NHS England has to set off against an amount payable to the contractor an amount that—
(a) is owed by the contractor to NHS England under the contract;
(b) has been paid to the contractor owing to an error or in circumstances when it was not due; or
(c) NHS England may withhold from the contractor in accordance with the terms of the contract or any other applicable provisions contained in directions given by the Secretary of State under section 28N of the Act.
(3) Subject to regulation 24C, the contract must contain a term to the effect that where, pursuant to directions under section 17 (Secretary of State's directions: exercise of functions) or 28N of the Act, NHS England is required to make a payment to a contractor under a contract but subject to conditions, those conditions are to be a term of the contract.

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Source: https://www.legislation.gov.uk/uksi/2005/3361/regulation/21 (the official version)
Page: https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.