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.