Termination and the NHS dispute resolution procedureE+W
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Memorandwm Esboniadol
74.—(1) Where [NHS England] is entitled to give notice in writing to the contractor terminating the contract under paragraphs 66, 67, 68, 70(4) or (6) or 71, [NHS England] must, in the notice given to the contractor under those provisions, specify a date on which the contract terminates that is at least 28 days after the date on which [NHS England] gives notice to the contractor, unless sub-paragraph (2) applies.
(2) This sub-paragraph applies if [NHS England] is satisfied that a period of less than 28 days is necessary in order to protect—
(a)the safety of the contractor's patients; or
(b)itself from material financial loss.
(3) Where—
(a)sub-paragraph (1) applies, but the exceptions in sub-paragraph (2) do not apply; and
(b)the contractor invokes the NHS dispute resolution procedure before the end of the notice period referred to in sub-paragraph (1) and gives notice in writing to [NHS England] that it has done so,
the contract does not terminate at the end of the notice period but instead only terminates in the circumstances described in sub-paragraph (4).
(4) The circumstances described in this sub-paragraph for the termination of the contract are if and when—
(a)there has been a final determination of the dispute under the NHS dispute resolution procedure (or by a court) and that determination permits [NHS England] to terminate the contract; or
(b)the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the earlier.
(5) If [NHS England] is satisfied that it is necessary to terminate the contract before the NHS dispute resolution procedure is (or any court proceedings are) concluded in order to protect—
(a)the safety of the contractor's patients; or
(b)itself from material financial loss,
sub-paragraphs (3) and (4) do not apply and [NHS England] may confirm, by giving notice in writing to the contractor, that the contract will nevertheless terminate at the end of the period of the notice given under paragraphs 66, 67, 68, 70(4) or (6) or 71.