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The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023
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Pre-contract disputes E+W
9.—(1) Except where both parties to the prospective contract are health service bodies (in which case section 7 [F1of] the Act (NHS contracts) applies) if, in the course of negotiations intending to lead to a contract, the prospective parties to that contract are unable to agree on a particular term of the contract, either party may refer the dispute to the Welsh Ministers to consider and determine the matter.
(2) Disputes referred to the Welsh Ministers in accordance with paragraph (1) or section 7 of the Act must be considered and determined in accordance with the provisions of paragraphs 106(3) to (14) and 107(1) of Schedule 3, and paragraph (3) (where it applies) of this regulation.
(3) In the case of dispute referred to the Welsh Ministers under paragraph (1), the determination—
(a)may specify the terms to be included in the proposed contract,
(b)may require the Local Health Board to proceed with the proposed contract, but may not require the proposed contractor to proceed with the proposed contract, and
(c)is binding upon the prospective parties to the contract.
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