SCHEDULE 7Mandatory terms for LPS schemes
Dispute resolution: non-NHS contracts21
F11
In the case of an LPS scheme that is not an NHS contract, any dispute arising out of or in connection with the scheme, except matters dealt with under the complaints procedure pursuant to paragraph 25, may be referred for consideration and determination to the Secretary of State—
a
if it relates to a period when the contractor was treated as a health service body, by the contractor or by the NHSCB; or
b
in any other case, by the contractor or, if the contractor agrees in writing, by the NHSCB.
2
In the case of a dispute referred to the Secretary of State under sub-paragraph (1)—
a
the procedure to be followed is the NHS dispute resolution procedure; and
b
the parties must agree to be bound by any determination made by the adjudicator.