7.—(1) Where–
(a)pursuant to paragraph 59 of Schedule 1 to the principal Regulations, an agreement under section 17C of the Act (“a section 17C agreement”) has been varied to include a term which gives effect to paragraph 1A of Schedule 1 to the principal Regulations (as inserted by regulation 3(2) of these Regulations); and
(b)as a result of that variation, a provider is, by virtue of a contract or other arrangements for the provision of telephone services which it entered into before the date on which that variation took effect, in breach of the provider’s section 17C agreement,
no action shall be taken against the provider by the Health Board in respect of that breach, provided the provider complies with the conditions specified in paragraph (2).
(2) The conditions referred to in paragraph (1) are that the provider–
(a)provides such details of the contract or other arrangement for telephone services as the Health Board may request, within the time specified by the Health Board in that request; and
(b)varies or terminates that contract or other arrangement when required to do so by the Health Board, where the Health Board is acting in accordance with directions from the Scottish Ministers under section 2(5) of the Act(1).
section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 10.