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9. In Schedule 7 to the principal Regulations (mandatory terms for LPS schemes), in paragraph 21 (dispute resolution: non-NHS contracts), for sub-paragraph (1) substitute the following sub-paragraph—
“(1) In the case of an LPS scheme that is not an NHS contract, any dispute arising out of or in connection with the scheme, except matters dealt with under the complaints procedure pursuant to paragraph 25, 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 NHSCB; or
(b)in any other case, by the contractor or, if the contractor agrees in writing, by the NHSCB.”.
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