The National Health Service Contracts (Dispute Resolution) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the procedure to be followed when the Secretary of State appoints a person to consider and determine a dispute between health service bodies.

Section 4(3) of the National Health Service and Community Care Act 1990 provides that an arrangement between health service bodies which constitutes an NHS contract shall not give rise to contractual rights and liabilities but that a disupte which arises with respect to such an arrangement may be referred to the Secretary of State for determination. Section 4(4) of that Act makes similar provision for a situation where health service bodies are negotiating a proposed NHS contract. The Secretary of State may determine both types of reference himself or appoint a person to consider and determine them in accordance with regulations.

The Regulations make provision for the person appointed to give both parties to the dispute, and the Secretary of State and relevant Regional Health Authorities, an opportunity to make written representations (regulation 2(1)). The person appointed may invite the parties to make oral representations and may consult experts (regulation 2(4)). There are time limits for the various stages of the dispute resolution procedure (regulation 2(6) and (7)). Regulation 3 makes provision for the adjudicator to record his determination in writing, give reasons for his determination and send it and the reason for it to the parties, the relevant Regional Health Authority and the Secretary of State.