Paragraph 76 Contract sanctions and the NHS dispute resolution procedure

If there is a dispute between F1NHS England and the contractor in relation to a contract sanction that NHS England is proposing to impose, NHS England shall not, subject to sub-paragraph (4), impose the proposed contract sanction except in the circumstances specified in sub-paragraph (2)(a).

If the contractor refers the dispute relating to the contract sanction to the NHS dispute resolution procedure within 28 days beginning on the date on which NHS England served notice on the contractor in accordance with paragraph 75(4) (or such longer period as may be agreed in writing with NHS England), and notifies NHS England in writing that it has done so, NHS England shall not impose the contract sanction unless—

whichever is the sooner.

If the contractor does not invoke the NHS dispute resolution procedure within the time specified in sub-paragraph (2), NHS England shall be entitled to impose the contract sanction forthwith.

If NHS England is satisfied that it is necessary to impose the contract sanction before the NHS dispute resolution procedure is concluded in order to—

NHS England shall be entitled to impose the contract sanction forthwith, pending the outcome of that procedure.