Paragraph 67 Late payment notices

The contractor may give notice in writing (a “late payment notice”) to F1NHS England if NHS England has failed to make any payments due to the contractor in accordance with a term of the contract that has the effect specified in regulation 21 (finance), and the contractor shall specify in the late payment notice the payments that NHS England has failed to make in accordance with that regulation.

Subject to sub-paragraph (3), the contractor may, at least 28 days after having served a late payment notice, terminate the contract by a further written notice if NHS England has still failed to make the payments that were due to the contractor and that were specified in the late payment notice served on NHS England pursuant to sub-paragraph (1).

If, following receipt of a late payment notice, NHS England refers the matter to the NHS dispute resolution procedure within 28 days of the date upon which it is served with the late payment notice, and it notifies the contractor in writing that it has done so within that period of time, the contractor may not terminate the contract pursuant to sub-paragraph (2) until—

whichever is the sooner.