PART 4E+WHealth service body status

Health service body status: electionE+W

10.—(1) A person who proposes to enter into a contract with [F1NHS England] (a “proposed contractor”) may elect, by giving notice in writing to [F1NHS England] prior to entering into the contract, to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts).

(2) An election made by a proposed contractor under paragraph (1) has effect from the date on which the contract is entered into.

(3) If, by virtue of paragraph (1), a proposed contractor elects to be regarded as a health service body, the nature of, or any rights or liabilities under, any other contract previously entered into by that proposed contractor with a health service body before the date of that election remains unaffected.

(4) Paragraph (5) applies where—

(a)a contractor who is an individual medical practitioner enters, or two or more persons practising in a partnership enter, into a contract with [F1NHS England]; and

(b)that contractor is to be regarded as a health service body in accordance with paragraph (1).

(5) Subject to regulation 11, the contractor is to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts) for as long as the contract continues irrespective of any change in the—

(a)partners in the partnership;

(b)status of the contractor from that of an individual medical practitioner to that of a partnership; or

(c)status of the contractor from that of a partnership to that of an individual medical practitioner.

Textual Amendments