There are currently no known outstanding effects for the The National Health Service (Personal Medical Services Agreements) Regulations 2015, Paragraph 64.
64.—(1) If there is a dispute between [F1NHS England] and the contractor in relation to an agreement sanction that [F1NHS England] is proposing to impose, [F1NHS England] may not, subject to sub-paragraph (4), impose the agreement sanction except in the circumstances specified in sub-paragraphs (2) and (3).
(2) The circumstances specified in this sub-paragraph are if the contractor—
(a)refers the dispute relating to the agreement sanction to the NHS dispute resolution procedure before the end of the period of 28 days beginning with the date on which the contractor was given notice by [F1NHS England] in accordance with paragraph 60(4) (or such longer period as may be agreed in writing with [F1NHS England]); and
(b)gives notice in writing to [F1NHS England] that it has done so.
(3) Where the circumstances specified in sub-paragraph (2) apply, [F1NHS England] may not impose the agreement sanction unless—
(a)there has been a final determination of the dispute in accordance with regulation 77 (or by a court) and that determination permits [F1NHS England] to impose the agreement sanction; or
(b)the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
(4) If the contractor does not invoke the NHS dispute resolution procedure before the end of the period specified in sub-paragraph (2)(a), [F1NHS England] may impose the agreement sanction with immediate effect.
(5) If [F1NHS England] is satisfied that it is necessary to impose the agreement sanction before the NHS dispute resolution procedure is concluded in order to protect—
(a)the safety of the contractor's patients; or
(b)itself from material financial loss,
[F1NHS England] may impose the agreement sanction with immediate effect, pending the outcome of that procedure (or any court proceedings).
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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