OpenLegislation

Paragraph 100 Dispute resolution: non-NHS contracts

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the case of a contract which is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the complaints procedure pursuant to Part 6 of this Schedule, may be referred for consideration and determination to the Secretary of State, if —

(a)

the Primary Care Trust so wishes and the contractor has agreed in writing; or

(b)

the contractor so wishes (even if the Primary Care Trust does not agree).

(2)

In the case of a dispute referred to the Secretary of State under sub-paragraph (1)—

(a)

the procedure to be followed is the NHS dispute resolution procedure; and

(b)

the parties agree to be bound by any determination made by the adjudicator.