# The National Health Service (General Medical Services Contracts) Regulations 2015, Paragraph 63: Late payment notices


(1) The contractor may give notice in writing (a “late payment notice”) to NHS England if NHS England has failed to make payments due to the contractor in accordance with any term of the contract regarding prompt payment which has the effect specified in regulation 23(1), and the contractor must specify in the late payment notice the payments that NHS England has failed to make in accordance with that term.
(2) Subject to sub-paragraph (3), the contractor may, at least 28 days after the date on which a late payment notice under sub-paragraph (1) was given, terminate the contract by giving a further written notice to NHS England in the event of NHS England's' continuing failure to make the payments that are due to the contractor as specified in the late payment notice.
(3) Sub-paragraph (4) applies if, following receipt of a late payment notice, NHS England—
(a) refers the matter to the NHS dispute resolution procedure before the end of a period of 28 days beginning with the date on which NHS England received the late payment notice; and
(b) gives notice in writing to the contractor that it has done so before the end of that period.
(4) Where this sub-paragraph applies, the contractor may not terminate the contract under sub-paragraph (2) until—
(a) there has been a final determination of the dispute under the NHS dispute resolution procedure (or by a court) and that determination permits the contractor to terminate the contract; or
(b) NHS England ceases to pursue the NHS dispute resolution procedure,
whichever is the earlier.
(5) This paragraph does not affect any other rights to terminate the contract which the contractor may have.

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Source: https://www.legislation.gov.uk/uksi/2015/1862/schedule/3/paragraph/63 (the official version)
Page: https://openlegislation.uk/national-health-service-general-medical-services-contracts-regulations-2015/schedule-3/paragraph-63
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.