Paragraph 46 Withdrawal and variation of approval under paragraph 45

(1)

Subject to paragraph 47, where F1NHS England approves an application made under paragraph 45, NHS England may subsequently give notice in writing to the contractor withdrawing or varying that approval from a date specified in the notice if it is no longer satisfied that the arrangements covered by the sub-contract would enable the contractor to satisfactorily meet its obligations under the contract.

(2)

The date specified in the notice given under sub-paragraph (1) may be such date as appears to NHS England to be reasonable in all the circumstances.

(3)

A notice given under sub-paragraph (1) takes effect on whichever is the later of—

(a)

the date specified in the notice; or

(b)

in a case where a dispute arising in relation to the notice given by NHS England under sub-paragraph (1) is referred to the NHS dispute resolution procedure, the date of the final determination of the dispute under that procedure (or any court proceedings) in favour of NHS England.

(4)

This paragraph does not affect any other remedies which NHS England may have under the contract.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1