Paragraph 21 Dispute resolution: non-NHS contracts

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 6(6) words omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(a)(i)
sch 2 rev in pt (19.1.2007) by National Health Service (Pharmaceutical Services) 2006 reg 7
Sch. 2 para. 1(1)(c) added by Local Involvement Networks 2008 reg. 8
Sch. 2 para. 25 substituted by Local Authority Social Services and National Health Service Complaints 2009 Sch. para. 2
sch 2 am by National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) 2009 regs 29, 34
Sch. 2 para. 18 words substituted by National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) 2010 reg. 11(c)
Sch. 2 para. 29(2)(h)(i) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(a)(i)
Sch. 2 para. 29(2)(h)(i) words omitted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(a)(ii)
Sch. 2 para. 29(2)(h)(i) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(a)(iii)
Sch. 2 para. 29(2)(h)(ii) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 52(3)(b)
Sch. 2 para. 6(6)(f) words omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(a)(ii)
Sch. 2 para. 6(7) omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(b)
Sch. 2 para. 6(8)(a) omitted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(c)
Sch. 2 para. 6(8A) inserted by National Health Service (Local Pharmaceutical Services) 2012 reg. 2(2)(d)
Sch. 2 para. 1(1)(b) omitted by Local Involvement Networks 2008 Sch. para. 11(4)

(1)

In the case of a scheme which is not an NHS contract, any dispute arising out of or in connection with the scheme, except matters dealt with under the complaints procedure pursuant to this Schedule, may be referred for consideration and determination to the Secretary of State, if—

(a)

the Primary Care Trust so wishes and the contractor has agreed in writing; or

(b)

the contractor so wishes (even if the Primary Care Trust does not agree).

(2)

In the case of a dispute referred to the Secretary of State under sub-paragraph (1)—

(a)

the procedure to be followed is the NHS dispute resolution procedure; and

(b)

the parties must agree to be bound by any determination made by the adjudicator.