# The National Health Service (General Medical Services Contracts) Regulations 2015, Paragraph 70: Termination by NHS England: remedial notices and breach notices


(1) Where a contractor's breach of the contract is not one to which any of paragraphs 65 to 69 apply and that breach is capable of remedy, NHS England must, before taking any action it is otherwise entitled to take by virtue of the contract, give notice in writing to the contractor requiring it to remedy the breach (a “remedial notice”).
(2) A remedial notice must specify—
(a) details of the breach;
(b) the steps that the contractor must take to the satisfaction of NHS England in order to remedy the breach; and
(c) the period during which those steps must be taken (the “notice period”).
(3) The notice period must not be less than a period of 28 days beginning with the date on which the notice is given unless NHS England is satisfied that a shorter period is necessary to protect—
(a) the safety of the contractor's patients; or
(b) itself from material financial loss.
(4) Where NHS England is satisfied that the contractor has not taken the required steps to remedy the breach by the end of the notice period, NHS England may give a further notice in writing to the contractor terminating the contract with effect from such date as NHS England specifies in the notice.
(5) Where the contractor's breach of the contract is not one to which any of paragraphs 65 to 69 apply and the breach is not capable of remedy, NHS England may give notice in writing to the contractor requiring the contractor not to repeat the breach (a “breach notice”).
(6) If, following a breach notice or a remedial notice, the contractor—
(a) repeats the breach that was the subject of the breach notice or the remedial notice; or
(b) otherwise breaches the contract resulting in either a remedial notice or a further breach notice,
NHS England may give notice in writing to the contractor terminating the contract with effect from such date as NHS England specifies in the notice.
(7) NHS England may not exercise its right to terminate the contract under sub-paragraph (6) unless NHS England is satisfied that the cumulative effect of the breaches is such that to allow the contract to continue would prejudice the efficiency of the services to be provided under the contract.
(8) If the contractor is in breach of any obligation under the contract and a breach notice or a remedial notice in respect of the default giving rise to the breach has been given to the contractor, NHS England may withhold or deduct monies which would otherwise be payable under the contract in respect of the obligation which is the subject matter of the default.

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Source: https://www.legislation.gov.uk/uksi/2015/1862/schedule/3/paragraph/70 (the official version)
Page: https://openlegislation.uk/national-health-service-general-medical-services-contracts-regulations-2015/schedule-3/paragraph-70
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.