SCHEDULE 2Other required terms
PART 8Variation and termination of agreements
Termination and the NHS dispute resolution procedure65
1
Where the Board is entitled to give notice in writing to the contractor terminating the agreement in accordance with paragraph 57, 58, 59, 61(4) or (6) or 62, the Board must, in the notice given to the contractor under those provisions, specify a date on which the agreement is to terminate that is at least 28 days after the date on which the Board gives notice to the contractor unless sub-paragraph (2) applies.
2
This sub-paragraph applies if the Board is satisfied that a period of less than 28 days is necessary in order to protect—
a
the safety of the contractor’s patients; or
b
itself from material financial loss.
3
Where—
a
sub-paragraph (1) applies but the exceptions in sub-paragraph (2) do not apply; and
b
the contractor invokes the NHS dispute resolution procedure before the end of the notice period referred to in sub-paragraph (1) and gives notice in writing to the Board that it has done so,
the agreement does not terminate at the end of the notice period but instead only terminates in the circumstances described in sub-paragraph (4).
4
The circumstances described in this sub-paragraph for the termination of the agreement are if and when—
a
there has been a final determination of the dispute under the NHS dispute resolution procedure (or by a court) and that determination permits the Board to terminate the agreement; or
b
the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
5
If the Board is satisfied that it is necessary to terminate the agreement before the NHS dispute resolution procedure (or any court proceedings) is concluded in order to protect—
a
the safety of the contractor’s patients; or
b
itself from material financial loss,
sub-paragraphs (3) and (4) do not apply and the Board may confirm, by giving notice in writing to the contractor, that the agreement will nevertheless terminate at the end of the period of the notice given under paragraph 57, 58, 59, 61(4) or (6) or 62.