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

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PART 3PRE-CONTRACT DISPUTE RESOLUTION

Pre-contract disputes

9.—(1) Except where both parties to the prospective contract are health service bodies (in which case section 4(4) of the 1990 Act (NHS contracts) applies if, in the course of negotiations intending to lead to a contract, the prospective parties to that contract are unable to agree on a particular term of the contract, either party may refer the dispute to the Assembly to consider and determine the matter.

(2) Disputes referred to the Assembly in accordance with paragraph (1) or section 4(4) of the 1990 Act shall be considered and determined in accordance with the provisions of paragraphs 99(3) to (14) and 100(1) of Schedule 6, and paragraph (3) (where it applies) of this regulation.

(3) In the case of a dispute referred to the Assembly under paragraph (1), the determination —

(a)may specify terms to be included in the proposed contract;

(b)may require the Local Health Board to proceed with the proposed contract, but may not require the proposed contractor to proceed with the proposed contract; and

(c)shall be binding upon the prospective parties to the contract.

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