The National Health Service (General Medical Services Contracts) Regulations 2004

Finance

22.—(1) Subject to paragraph (2), the contract must contain a term which has the effect of requiring the Primary Care Trust to make payments to the contractor under the contract promptly and in accordance with both the terms of the contract and any other conditions relating to the payment contained in directions given by the Secretary of State under section 28T of the Act (GMS contracts: payments)(1).

(2) The obligation referred to in paragraph (1) is subject to any right the Primary Care Trust may have to set off against any amount payable to the contractor under the contract any amount—

(a) that is owed by the contractor to the Primary Care Trust under the contract; or

(b) that the Primary Care Trust may withhold from the contractor in accordance with the terms of the contract or any other applicable provisions contained in directions given by the Secretary of State under section 28T of the Act.

(1)

Section 28T was inserted into the Act by section 175(1) of the 2003 Act.