Paragraph 71 Termination by NHS England: additional provisions specific to contracts with two or more persons practising in partnership and companies limited by sharesF1
If NHS England becomes aware that a contractor which is a company limited by shares is carrying on any business which NHS England considers to be detrimental to the contractor's performance of its obligations under the contract—
NHS England may give notice in writing to the contractor requiring it to cease carrying on that business before the end of a period of at least 28 days beginning with the date on which the notice is given (“the notice period”); and
if the contractor has not satisfied NHS England that it has ceased carrying on that business by the end of the notice period, NHS England may give a further notice in writing to the contractor terminating the contract with immediate effect or from such date as may be specified in the notice.
Where the contractor consists of two or more persons practising in partnership and one or more of those persons has or have left the partnership during the existence of the contract, NHS England may give notice in writing to the contractor terminating the contract on such date as may be specified in the notice if, in NHS England's reasonable opinion, the change in the membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or NHS England to perform its obligations under the contract.
A notice given to the contractor under sub-paragraph (2) must specify—
the date on which the contract is to terminate; and
NHS England's reasons for considering that the change in the membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or NHS England to perform its obligations 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