SCHEDULE 3Other contractual terms

PART 7Sub-contracting

Withdrawal and variation of approval and right to subsequently object to a sub-contract under paragraph 76

77.

(1)

Without prejudice to any other remedies which it may have under the contract, where a Local Health Board is deemed to have approved an application made under paragraph 76, it is entitled to serve notice on the contractor withdrawing or varying that approval with immediate effect if—

(a)

it is no longer satisfied that the proposed arrangement enables the contractor to satisfactorily meet its obligations under the contract, or

(b)

it is satisfied that immediate withdrawal of variation is necessary to protect—

(i)

the safety of the contractor’s patients, or

(ii)

the Local Health Board from material financial loss.

(2)

A notice served under this paragraph takes effect on the date on which it is received by the contractor.