103.—(1) Subject to paragraph (3), an LPS contractor (C) is to be treated as a health service body for the purposes of section 9 of the 2006 Act M1 (NHS contracts) unless—
(a)as regards an LPS scheme established by a Primary Care Trust before the appointed day, either—
(i)before the LPS scheme was entered into, the proposed provider (or providers) under the scheme objected to that by a notice in writing to the Primary Care Trust, or
(ii)before the appointed day, the LPS scheme was varied under regulation 10(4) of the 2006 Regulations (health service body status), as a consequence of which the scheme ceased to be treated as an NHS contract; or
(b)before the LPS scheme is entered into, the proposed provider (or providers) under the scheme object to that by a notice in writing to [F1NHS England].
(2) Where C is to be treated as a health service body for the purposes of section 9 of the 2006 Act, subject to paragraph (3), any variation of the LPS scheme which changes a party to the scheme does not affect the health service body status of the provider (or providers) of goods and services under the scheme.
(3) C may at any time request a variation of an LPS scheme so as to provide that the scheme is to become, or is to cease to be, an NHS contract, and if C does so—
(a)if—
(i)C is the only other party to the scheme, [F1NHS England] must agree to the variation, or
(ii)if all the parties to the scheme other than [F1NHS England] are together making the request, [F1NHS England] must agree to the variation; and
(b)the procedure in paragraph 26 of Schedule 7 is to apply.
(4) Where, pursuant to paragraph (3), [F1NHS England] agrees to a variation of an LPS scheme, C is (as the case may be)—
(a)to be treated as a health service body; or
(b)subject to paragraph (6), to cease to be treated as a health service body,
for the purposes of section 9 of the 2006 Act from the date on which the variation takes effect.
(5) Subject to paragraph (6), a person who has been both a provider under an LPS scheme and treated as a health service body for the purposes of that scheme is to cease to be treated as a health service body for the purposes of that scheme where—
(a)the scheme is varied so that person is no longer a provider under that scheme; or
(b)the scheme, or the agreement that is part of the scheme to which that person is a party, is terminated.
(6) Where a person ceases to be treated as a health service body pursuant to—
[F2(a)paragraph (4)(b), where C or [F1NHS England]—
(i)has referred any matter to the NHS dispute resolution procedure before C ceases to be a health service body, or
(ii)refers any matter to the NHS dispute resolution procedure, in accordance with paragraph 21(1)(a) of Schedule 7, after C ceases to be a health service body,
C is to continue to be treated as a health service body (and accordingly the scheme or agreement is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute;]
(b)paragraph (5)(b), C is to continue to be treated as a health service body for the purposes of the resolution of any dispute that falls to be resolved in accordance with the terms of the terminated agreement or scheme notwithstanding its termination.
Textual Amendments
F1Words 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
F2Reg. 103(6)(a) substituted (1.3.2015) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2015 (S.I. 2015/58), regs. 1(1), 4 (with reg. 10)
Marginal Citations
M1Section 9 has been amended by the Health and Social Care Act 2008 (c. 14), Schedule 5, paragraph 82, and by the Health and Social Care Act 2012, Schedule 4, paragraph 6, Schedule 7, paragraph 18, Schedule 14, paragraph 4, Schedule 17, paragraph 10, Schedule 19, paragraph 9, and Schedule 21, paragraph 6.