The National Health Service Contracts (Dispute Resolution) Regulations 1996

Representations and consideration

2.—(1) Within the period of seven days beginning with the date of his appointment to consider and determine a matter, the adjudicator shall—

(a) give to the parties notice in writing of his appointment

(b) include with the notice a written request to the parties to make in writing within a specified period any representations which they may wish to make about the matter; and

(c) where he is not a party, make in writing the same request of the Secretary of State.

(2) The adjudicator shall make any request to the Secretary of State under paragraph (1)(c) on the same day as the day on which the notice referred to in paragraph (1)(a) is given.

(3) The adjudicator shall give, with the notice given under paragraph (1) to each party other than the health service body which referred the matter to the Secretary of State, a copy of any document by which the matter was referred under section 4(3) or section 4(4) of the Act.

(4) The adjudicator shall forthwith upon receiving any representations—

(a) from the Secretary of State (where he is not a party), give a copy of them to each of the parties;

(b) from a party, give a copy of them to the other party,

and shall in each case request (in writing) a party to whom a copy of the representations is given to make within a specified period any written observations which it wishes to make on those representations.

(5) For the purpose of assisting him in his consideration of the matter, the adjudicator may—

(a) invite representatives of the parties to appear before him to make oral representations either together or, with the agreement of the parties, separately;

(b) consult other persons whose expertise he considers will assist him in his consideration of the matter.

(6) Where the adjudicator consults another person under paragraph (5)(b), he shall notify the parties accordingly and, where he considers that the interests of any party might be substantially affected by the result of the consultation, he shall give to the parties such opportunity as he considers reasonable in the circumstances to make observations on those results.

(7) In considering the matter, the adjudicator shall consider —

(a) any written representations made in response to a request under paragraph (1)(b) and (c), but only if they are made within the specified period;

(b) any written observations made in response to a request under paragraph (4), but only if they are made within the specified period;

(c) any oral representations made in response to an invitation under paragraph (5)(a);

(d) the results of any consultation under paragraph (5)(b); and

(e) any observations made in accordance with an opportunity given under paragraph (6).

(8) In this regulation, “specified period” means—

(a) in relation to a request under paragraph (1)(b) or (c), such period as the adjudicator shall specify in the request in accordance with paragraph (9), being not less than two, nor more than four, weeks from the date on which the notice referred to in paragraph (1)(a) is given;

(b) in relation to a request under paragraph (4), such period as the adjudicator shall specify in the request, being not less than two weeks from the date on which copies of the representations are given;

but the adjudicator may, if he considers that there is good reason for doing so, extend any such period (even after it has expired) and, where he does so, a reference in this regulation to the specified period is to the period as so extended.

(9) In specifying a period for the purposes of paragraph (1)(c) for the Secretary of State, the adjudicator shall seek to ensure, so far as is reasonably practicable, that the period will be such as to permit observations made by a party under paragraph (4) on those representations to be made within the period specified for the party under paragraph (1)(b).

(10) Where a party is situated in Northern Ireland, the references in paragraphs (1), (2), (4)(a) and (9) to the Secretary of State shall be taken to include references to the Department of Health and Social Services for Northern Ireland as well as to the Secretary of State.