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5.—(1) Where—
(a)pursuant to paragraph 96 (variation of a contracts: General) of Schedule 5 to the GMS Contracts Regulations, a general medical services contract has been varied to include a term which gives effect to paragraph 1A of Schedule 5 to the GMS Contracts Regulations (as inserted by regulation 3(2) of these Regulations); and
(b)as a result of that variation, a contractor is, by virtue of a contract or other arrangement for the provision of telephone services which it entered into before the date on which that variation took effect, in breach of its general medical services contract,
no action shall be taken against the contractor by the Board in respect of that breach, provided that it complies with conditions specified in paragraph (2).
(2) The conditions referred to in paragraph (1) are that the contractor—
(a)provides, within the time specified in the request, such details of the contract or other arrangement for telephone services as the Board may request; and
(b)varies or terminates that contract or other arrangement when required to do so by the Board in accordance with directions from the Department under Article 17 of the Order.
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