Paragraph 77 Termination and the NHS dispute resolution procedure

Where F1NHS England is entitled to serve written notice on the contractor terminating the contract pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74, NHS England shall, in the notice served on the contractor pursuant to those provisions, specify a date on which the contract terminates that is not less than 28 days after the date on which NHS England has served that notice on the contractor unless sub-paragraph (2) applies.

This sub-paragraph applies if NHS England is satisfied that a period less than 28 days is necessary in order to—

In a case falling with sub-paragraph (1), where the exceptions in sub-paragraph (2) do not apply, where the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1), and it notifies NHS England in writing that it has done so, the contract shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in sub-paragraph (4).

The contract shall only terminate if and when—

whichever is the sooner.

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

sub-paragraphs (3) and (4) shall not apply and NHS England shall be entitled to confirm, by written notice to be served on the contractor, that the contract will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74.