PART 5Agreements: required terms

Finance16

1

The agreement must contain a term which has the effect of requiring payments to be made under the agreement promptly and in accordance with—

a

the terms of the agreement;

b

any other terms based on which the payment is made; and

c

any other conditions relating to the payment contained in regulations made by the Secretary of State under section 94(4) (regulations about section 92 arrangements) or directions given by the Secretary of State under section 98A (exercise of functions) of the Act M1.

2

The obligation referred to in paragraph (1) is subject to any right that F1NHS England may have to set off against any amount payable to the contractor under the agreement any amount that—

a

is owed by the contractor to F1NHS England under the agreement; or

b

F1NHS England may withhold from the contractor in accordance with the terms of the agreement or any other applicable provisions contained in regulations made by the Secretary of State under section 94(4) of the Act (regulations about section 92 arrangements) or directions given by the Secretary of State under section 98A of the Act (exercise of functions).