82.—(1) Where a contract is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the complaints procedure under Part 11, 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 the Board; or
(b)in any other case, by the contractor or, if the contractor agrees in writing, by the Board.
(2) Where a dispute is referred to the Secretary of State under paragraph (1)—
(a)the procedure to be followed is the NHS dispute resolution procedure; and
(b)the parties are to be bound by any determination made by the adjudicator.