Regulation 5 Amendment of regulation 109 of the principal Regulations

for sub-paragraph (a) substitute the following sub-paragraph—

“(a)

paragraph (2)(b), where P or the NHSCB—

(i)

has referred any matter to the NHS dispute resolution procedure before P ceases to be a health service body, or

(ii)

refers any matter to the NHS dispute resolution procedure, in accordance with the terms of the scheme, after it ceases to be a health service body,

P is to continue to be regarded as a health service body (and accordingly the scheme is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute;”; and

in sub-paragraph (b), for “C is” substitute “P is”.