17.—(1) [F1Subject to [F2regulation 20C],] the agreement must contain a term which has the effect of requiring—
(a)[F3NHS England] to make payments to the contractor under the agreement promptly and in accordance with both the terms of the agreement and any other conditions relating to the payment contained in directions given by the Secretary of State under section 28E(3A) of the Act M1 (personal medical or dental services: regulations);
(b)the contractor to make payments promptly to [F3NHS England] and in accordance with both the terms of the agreement and any other conditions relating to the payment contained in directions given by the Secretary of State under section 17 (Secretary of State's directions: exercise of functions) or 28E(3A) of the Act.
(2) The obligation referred to in paragraph (1) is subject to any right the Relevant Body has to set off against an amount payable to the contractor an amount that—
(a)is owed by the contractor to [F3NHS England] under the agreement;
(b)has been paid to the contractor owing to an error or in circumstances when it was not due; or
(c)[F3NHS England] may withhold from the contractor in accordance with the terms of the agreement or any other applicable provisions contained in directions given by the Secretary of State under section 28E(3A).
(3) [F4Subject to [F5regulation 20C],] the agreement must contain a term to the effect that where, pursuant to directions under section 17 or 28E(3A) of the Act, [F3NHS England] is required to make a payment to a contractor under an agreement but subject to conditions, those conditions are to be a term of the agreement.
Textual Amendments
F1Words in reg. 17(1) substituted (1.11.2015) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) (No. 2) Regulations 2015 (S.I. 2015/1728), regs. 1(1), 14
F2Words in reg. 17(1) substituted (1.4.2016) by The National Health Service (Primary Dental Services Miscellaneous Amendments and Directions to the NHS Business Services Authority) Regulations 2016 (S.I. 2016/298), regs. 1(1), 19
F3Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F4Words in reg. 17(3) substituted (1.11.2015) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) (No. 2) Regulations 2015 (S.I. 2015/1728), regs. 1(1), 14
F5Words in reg. 17(3) substituted (1.4.2016) by The National Health Service (Primary Dental Services Miscellaneous Amendments and Directions to the NHS Business Services Authority) Regulations 2016 (S.I. 2016/298), regs. 1(1), 19
Marginal Citations
M1Section 17 of the Act was substituted by the Health Act 1999 (c. 8), section 12(1), and amended by the 2001 Act, section 67(1) and Schedule 5, paragraph 5(1) and (3) and the 2002 Act, section 1(3) and Schedule 1, paragraph 7. Section 28E(3A) was inserted by section 177(8) of the 2003 Act.