9.—(1) Except where the proposed provider is a health service body (in which case section 17A(5) of the Act(1) applies), if, in the course of negotiations intending to lead to any agreement, the proposed parties to that agreement are unable to agree on a particular term of the agreement, either the Health Board or the proposed provider may refer the terms of the proposed agreement to the Scottish Ministers to consider and determine the matter.
(2) Disputes as to the terms of any proposed agreement referred to the Scottish Ministers in accordance with paragraph (1) must be determined in accordance with—
(a)the NHS dispute resolution procedure, as if—
(i)in paragraph 58(3)(b) of schedule 1, “agreement” read “terms of the proposed agreement”; and
(ii)paragraphs 59(2) and (3) of schedule 1 were omitted; and
(b)paragraph (3) of this regulation.
(3) In a dispute referred to the Scottish Ministers under paragraph (1), the determination of the adjudicator—
(a)may specify terms to be included in the proposed agreement;
(b)may require the Health Board to proceed with the proposed agreement, but may not require the proposed provider to proceed with the proposed agreement; and
(c)is binding on the proposed parties to the agreement.
(4) In this regulation “health service body” does not include any provider who is to be treated as a health service body in accordance with regulation 10.
Section 17A was inserted into the Act by section 30 of the National Health Service and Community Care Act 1990 (c.19). Section 17A was moved under a new heading entitled “NHS Contracts” by section 31 of the National Health Service (Primary Care) Act 1997 (c.46).