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The National Health Service (Personal Medical Services Agreements) Regulations 2015, Section 11 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 the Board—
(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.
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