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42.—(1) Where, on or before 31st March 2004—
(a)a prospective party to a general medical services contract had referred a pre-contract dispute to the Secretary of State to consider and determine under section 4(4) of the 1990 Act or under regulation 9 of the 2004 Regulations; and
(b)that party entered into the general medical services contract whose terms were subject to dispute before that dispute had been determined or withdrawn,
the dispute shall, notwithstanding that the parties to the dispute have entered into a general medical services contract, continue to be dealt with under the procedure specified in regulation 9(2) of the 2004 Regulations.
(2) In the case of a dispute dealt with pursuant to paragraph (1), the determination—
(a)may require the parties to agree an amendment or variation to the general medical services contract; and
(b)shall be binding upon the parties to that contract.
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