SCHEDULE 5OTHER CONTRACTUAL TERMS
PART 7Dispute Resolution
Dispute resolution: non-NHS contracts
90.
(1)
In the case of a contract which is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the complaints procedure pursuant to Part 6 of this Schedule, may be referred for consideration and determination to the Scottish Ministers, if—
(a)
the Health Board so wishes and the contractor has agreed in writing; or
(b)
the contractor so wishes (even if the Health Board does not agree).
(2)
In the case of a dispute referred to the Scottish Ministers under sub-paragraph (1)—
(a)
the procedure to be followed is the NHS dispute resolution procedure; and
(b)
the parties agree to be bound by any determination made by the adjudicator.