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

Directions in respect of GOS contract disputes

7.—(1) The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 30 and 31 of Schedule 1 to the GOS Contracts 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 GOS contract that relate to a term of the contract that gives effect to any of the following provisions in Schedule 1 to the GOS Contracts Regulations—

(a) paragraph 42 (termination by the PCT: contractor’s inability to perform services), but only in so far as the dispute is about whether a contractor is able to perform services by virtue of a suspension referred to in paragraph 42(2);

(b) paragraph 43 (termination by the PCT for the provision of untrue etc. information), but only in so far as the dispute is about whether information provided to the Primary Care Trust by the contractor before the contract was entered into was, when given, untrue or inaccurate in a material respect; or

(c) paragraph 44 (termination by the PCT on grounds of suitability etc.), but only in so far as the dispute requires a determination in respect of—

(i) whether any person specified in paragraph 44(1)(a) to (c) falls within paragraph 44(2), or

(ii) any issue arising or decision made by a Primary Care Trust in relation to a term of the contract that gives effect to paragraph 44(3) to (5).