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33.—(1) Any dispute arising out of or in connection with the default contract, except matters dealt with under the complaints procedure contained in that contract, may be referred for consideration and determination to the Secretary of State, if —
(a)the Primary Care Trust so wishes and the contractor has agreed in writing; or
(b)the contractor so wishes (even if the Primary Care Trust does not agree).
(2) In the case of a dispute referred to the Secretary of State under sub-paragraph (1), the procedure to be followed is that specified in paragraphs 101(3) to (14) and 102 of Schedule 6 to the 2004 Regulations, subject to the modification that the references in paragraph 102(2) and (3) to paragraph 100(1) shall be read as references to paragraph (1) of this article.
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