SCHEDULE 1CONTENT OF AGREEMENTS

PART 7DISPUTE RESOLUTION

F1Dispute resolution: non-NHS contracts

57.

(1)

In the case of an agreement which is not F2an NHS contract, any dispute arising out of or in connection with the agreement, 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 provider has agreed in writing; or

(b)

the provider 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.