Prospective
Health service body status: election E+W
10.—(1) A person who proposes to enter into a contract with a Local Health Board (“a proposed contractor”) may elect, by giving notice in writing to the Local Health Board prior to entering into the contract, to be regarded as a health service body for the purposes of section 7 of the Act.
(2) An election made by a proposed contractor under paragraph (1) has effect beginning with the date on which the contract in entered into.
(3) If, by virtue of paragraph (1) a proposed contractor elects to be regarded as a health service body, the nature of, or any rights or liabilities arising under, any other contract previously entered into by that proposed contractor with a health service body before the date of that election remains unaffected.
(4) Paragraph (5) applies where—
(a)a contractor who is an individual medical practitioner enters, or two or more persons practising in a partnership enter, into a contract with the Local Health Board, and
(b)that contractor is to be regarded as a health service body in accordance with paragraph (1).
(5) Subject to regulation 11, the contractor is to be regarded as a health service body for the purposes of section 7 of the Act (NHS contracts) for as long as that contract continues irrespective of any change in—
(a)the partners comprising the partnership,
(b)the status of the contractor from that of an individual medical practitioner to that of a partnership, or
(c)the status of the contractor from that of a partnership to that of an individual medical practitioner.
Commencement Information
I1Reg. 10 in force at 1.10.2023, see reg. 1(2)