PART 4HEALTH SERVICE BODY STATUS
Health service body status9
F11
A contractor shall be regarded as a health service body for the purposes of section 4 of the 1990 Act from the date it makes an agreement unless—
a
in the case of an agreement with a single individual, that individual;
b
in the case of an agreement with a dental corporation, that corporation;
c
in the case of a company limited by shares, that company; or
d
in the case of a limited liability partnership, that partnership,
object in a written notice served on F3NHS England at any time prior to the agreement being made.
2
Where a contractor is to be regarded as a health service body for the purposes of section 4 of the 1990 Act pursuant to paragraph (1), any change in the parties comprising the contractor shall not affect the health service body status of the contractor.
3
If, pursuant to paragraph (1) or (4), a contractor is to be regarded as a health service body, that fact shall not affect the nature of, or any rights or liabilities arising under, any other agreement or contract with a health service body entered into by that contractor before the date on which the contractor is to be so regarded.
4
A contractor may at any time request a variation of the agreement to include or remove provision from the agreement that the agreement is an NHS contract, and if it does so—
a
F3NHS England shall agree to the variation; and
b
the procedure in paragraph 60(1) of Schedule 3 (variation of a contract: general) shall apply.
5
Where, pursuant to paragraph (4), F3NHS England agrees to a variation of the agreement, the contractor shall—
a
be regarded; or
b
subject to paragraph (7), cease to be regarded,
as a health service body for the purposes of section 4 of the 1990 Act from the date that variation takes effect pursuant to paragraph 60(1) of Schedule 3.
6
Subject to paragraph (7), a party or parties who were to be regarded as a health service body pursuant to paragraphs (1) or (4), as the case may be, shall cease to be a health service body for the purposes of section 4 of the 1990 Act if the agreement is terminated.
7
Where a contractor ceases to be a health service body pursuant to—
a
paragraph (5) or (6), it shall continue to be regarded as a health service body for the purposes of being a party to any other NHS contract entered into after it became a health service body but before the date on which the contractor ceased to be a health service body (for which purposes it ceases to be such a body on the termination of that NHS contract);
F2b
paragraph (5), where it or F3NHS England—
i
has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, or
ii
refers any matter to the NHS dispute resolution procedure, in accordance with paragraph 54(1)(a) of Schedule 3, after it ceases to be a health service body,
the contractor is to continue to be treated as a health service body (and accordingly the agreement is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute; or
c
paragraph (6), it shall continue to be regarded as a health service body for the purposes of the NHS dispute resolution procedure where that procedure has been commenced—
i
before the termination of the agreement; or
ii
after the termination of the agreement, whether in connection with, or arising out of, the termination of the agreement or otherwise,
for which purposes it ceases to be such a body on the conclusion of that procedure.