Paragraph 73 Contract sanctions and the NHS dispute resolution procedure
If there is a dispute between F1NHS England and the contractor in relation to a contract sanction that NHS England is proposing to impose, NHS England may not, subject to sub-paragraph (5), impose the contract sanction except in the circumstances specified in sub-paragraphs (2) and (3).
The circumstances specified in this sub-paragraph are if the contractor—
refers the dispute relating to the contract sanction to the NHS dispute resolution procedure before the end of a period of 28 days beginning with the date on which the contractor was given notice in accordance with paragraph 72(4) (or such longer period as may be agreed in writing with NHS England); and
gives notice to NHS England in writing that it has done so.
Where the circumstances specified in sub-paragraph (2) apply, NHS England may not impose the contract sanction unless—
there has been a final determination of the dispute in accordance with regulation 83 (or by a court) and that determination permits NHS England to impose the contract sanction; or
the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
If the contractor does not invoke the NHS dispute resolution procedure before the end of the period specified in sub-paragraph (2)(a), NHS England may impose the contract sanction with immediate effect.
If NHS England is satisfied that it is necessary to impose the contract sanction before the NHS dispute resolution procedure is concluded in order to protect—
the safety of the contractor's patients; or
itself from material financial loss,
NHS England may impose the contract sanction with immediate effect, pending the outcome of that procedure (or any court proceedings).
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