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The National Health Service (General Medical Services Contracts) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 1862
- PART 4
- Regulation 12
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Cessation of health service body statusE+W
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12.—(1) A contractor ceases to be regarded as a health service body for the purposes of section 9 of the Act (NHS contracts) if the contract terminates.
(2) Where, by virtue of paragraph (1), a contractor ceases to be regarded as a health service body in relation to a contract (“the relevant contract”), the contractor is to continue to be regarded as a health service body for the purposes of any other NHS contract to which it became a party between the date on which it entered into the relevant contract and the date on which it ceased to be regarded as a health service body for the purposes of that contract (but it ceases to be a health service body for the purposes of such other NHS contract on the termination of that contract).
(3) Where—
(a)a contractor ceases to be regarded as a health service body in relation to a contract by reason of a variation of the contract by virtue of regulation 11(1); and
(b)the contractor or the Board—
(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 regulation 82, after it ceases to be a health service body,
the contractor is to continue to be regarded as a health service body (and accordingly the contract is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute.
(4) Where a contractor ceases to be regarded as a health service body by virtue of regulation 11(1) but continues to be regarded as a health service body for the purposes of the NHS dispute resolution procedure where that procedure was commenced—
(a)before the termination of the contract; or
(b)after the termination of the contract (whether in connection with or arising out of the termination of the contract or otherwise),
the contractor ceases to be regarded as a health service body for those purposes on the conclusion of that procedure.
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