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Paragraph 61 Variation of a contract: activity under the contract

England and Wales

(1)

Where the contractor or F1NHS England is of the opinion that there needs to be a variation to the number of—

(a)

units of dental activity; or

(b)

units of orthodontic activity,

to be provided under the contract, sub-paragraphs (2) and (3) shall apply.

(2)

The contractor or NHS England (as the case may be) shall notify the other party to the contract in writing of its opinion of the need for a variation, specifying in that notice the variation that it considers necessary, together with its reasons.

(3)

Following service of the notice referred to in sub-paragraph (2), both parties shall use their best endeavours to communicate and co-operate with each other with a view to determining what (if any) variation should be made to the number of—

(a)

units of dental activity; or

(b)

units of orthodontic activity,

and any related variations to the contract, including to the monies to be paid to the contractor under the contract, and shall where appropriate effect the variation in accordance with paragraph 60.

Annotations

Textual amendments

F1

Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1