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The National Health Service (Personal Medical Services Agreements) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 1879
- PART 4
- Regulation 11
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Cessation of health service body statusE+W
This section has no associated Explanatory Memorandum
11.—(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 agreement terminates.
(2) Where, by virtue of paragraph (1), a contractor ceases to be regarded as a health service body in relation to an agreement (“the relevant agreement”), the contractor is to—
(a)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 the relevant agreement and the date on which it ceased to be regarded as a health service body for the purposes of that agreement; but
(b)cease to be regarded as a health service body for these purposes upon the termination of any such other NHS contracts.
(3) Where—
(a)a contractor ceases to be regarded as a health service body in relation to an agreement by reason of a variation of the agreement by virtue of regulation 10(1); and
(b)the contractor or [F1NHS England]—
(i)has referred any matter to the NHS dispute resolution procedure before the contractor ceases to be regarded as a health service body, or
(ii)refers any matter to the NHS dispute resolution procedure, in accordance with regulation 76, after the contractor ceases to be regarded as a health service body,
the contractor is to continue to be regarded as a health service body (and accordingly the agreement 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 10(1) but the contractor 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 agreement; or
(b)after the termination of the agreement (whether in connection with or arising out of the termination of the agreement or otherwise),
the contractor ceases to be regarded as such a body on the conclusion of that procedure.
Textual Amendments
F1Words 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
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