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Version Superseded: 06/11/2023
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There are currently no known outstanding effects for the The National Health Service (General Dental Services Contracts) Regulations 2005, Paragraph 67.
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67.—(1) The contractor may give notice in writing (a “late payment notice”) to [F1the Board] if [F2the Board] has failed to make any payments due to the contractor in accordance with a term of the contract that has the effect specified in regulation 21 (finance), and the contractor shall specify in the late payment notice the payments that [F2the Board] has failed to make in accordance with that regulation.
(2) Subject to sub-paragraph (3), the contractor may, at least 28 days after having served a late payment notice, terminate the contract by a further written notice if [F3the Board] has still failed to make the payments that were due to the contractor and that were specified in the late payment notice served on [F3the Board] pursuant to sub-paragraph (1).
(3) If, following receipt of a late payment notice, [F3the Board] refers the matter to the NHS dispute resolution procedure within 28 days of the date upon which it is served with the late payment notice, and it notifies the contractor in writing that it has done so within that period of time, the contractor may not terminate the contract pursuant to sub-paragraph (2) until—
(a)there has been a determination of the dispute pursuant to paragraph 56 and that determination permits the contractor to terminate the contract; or
(b)[F3the Board] ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
Textual Amendments
F1Words in Sch. 3 para. 67(1) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(40)(a)(i) (with Sch. 1)
F2Words in Sch. 3 para. 67(1) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(40)(a)(ii) (with Sch. 1)
F3Words in Sch. 3 para. 67(2)(3) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(40)(b) (with Sch. 1)
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