The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

Directions in respect of PDS agreement disputes

6.—(1) The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 55 and 56 of Schedule 3 to the PDS Agreements Regulations (dispute resolution) referred to in paragraph (2).

(2) The functions are those in respect of any dispute (or part of a dispute) between the parties to a PDS agreement that relate to a term of the agreement that gives effect to any of the following provisions in Schedule 3 to the PDS Agreements Regulations—

(a) paragraph 68 (termination by the relevant body for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the relevant body by the contractor before the agreement was entered into was, when given, untrue or inaccurate in a material respect; or

(b) paragraph 69 (termination by the relevant body on the grounds of suitability etc.), but only in so far as it requires a determination in respect of—

(i) whether any person specified in paragraph 69(1) falls within paragraph 69(2) during the existence of the agreement, or

(ii) any issue arising or decision made in respect of the term that gives effect to paragraph 69(3) to (5).