SCHEDULE 3 E+WOTHER CONTRACTUAL TERMS

PART 9 E+WVARIATION AND TERMINATION OF AGREEMENTS

60.—(1) Subject to paragraph 32(3), no amendment or variation shall have effect unless it is in writing and signed by or on behalf of [F1 NHS England] and the contractor. E+W

(2) In addition to the specific provision made [F2 in paragraphs 61A and] 73, [F1 NHS England] may vary the agreement without the contractor's consent where it—

(a) is reasonably satisfied that it is necessary to vary the agreement so as to comply with the Act, any regulations made pursuant to that Act, or any direction given by the Secretary of State pursuant to that Act; and

(b) notifies the contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect,

and, where it is reasonably practicable to do so, the date that the proposed variation is to take effect shall be not less than 14 days after the date on which the notice under paragraph (b) is served on the contractor.

Textual Amendments

F1 Words 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

F2 Words in Sch. 3 para. 60(2) substituted (12.6.2023) by The National Health Service (Primary Dental Services) (Amendment) Regulations 2023 (S.I. 2023/554), regs. 1(1), 3(2)(a)