29. In Schedule 5 to the PMS Agreements Regulations (other contractual terms), in paragraph 94(1) (dispute resolution: non-NHS contracts), for sub-paragraph (1) substitute—
“(1) In the case of an agreement that is not an NHS contract, any dispute arising out of or in connection with the agreement, except matters dealt with under the complaints procedure pursuant to Part 6, may be referred for consideration and determination to the Secretary of State—
(a)if it relates to a period when the contractor was treated as a health service body, by the contractor or by the Board; or
(b)in any other case, by the contractor or, if the contractor agrees in writing, by the Board.”.
Paragraph 94 was amended by S.I. 2013/363.