Paragraph 72 Contract sanctions

In this paragraph and in paragraph 73, “contract sanction” means—

Where F1NHS England is entitled to terminate the contract under paragraphs 66, 67, 68, 69 70(4) or (6) or 71, it may instead impose any of the contract sanctions if NHS England is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to NHS England's entitlement to terminate the contract.

NHS England may not, under sub-paragraph (2), impose any contract sanction that has the effect of terminating or suspending any obligation to provide, or any obligation that relates to, essential services.

If NHS England decides to impose a contract sanction, NHS England must—

Subject to paragraph 73 NHS England may not impose the contract sanction until the end of a period of at least 28 days beginning with the date on which NHS England gives notice to the contractor under sub-paragraph (4) unless NHS England is satisfied that it is necessary to do so in order to protect—

Where NHS England imposes a contract sanction, NHS England may charge the contractor the reasonable costs of any additional administration that NHS England has incurred in order to impose, or as a result of imposing, the contract sanction.