Regulation 10 Health service body status: election

A person who proposes to enter into a contract with F1NHS England (a “proposed contractor”) may elect, by giving notice in writing to NHS England prior to entering into the contract, to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts).

An election made by a proposed contractor under paragraph (1) has effect from the date on which the contract is entered into.

If, by virtue of paragraph (1), a proposed contractor elects to be regarded as a health service body, the nature of, or any rights or liabilities under, any other contract previously entered into by that proposed contractor with a health service body before the date of that election remains unaffected.

Paragraph (5) applies where—

Subject to regulation 11, the contractor is to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts) for as long as the contract continues irrespective of any change in the—