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The National Health Service (General Dental Services Contracts) Regulations 2005
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Termination and the NHS dispute resolution procedureE+W
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77.—(1) Where [F1NHS England] is entitled to serve written notice on the contractor terminating the contract pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74, [F1NHS England] shall, in the notice served on the contractor pursuant to those provisions, specify a date on which the contract terminates that is not less than 28 days after the date on which [F1NHS England] has served that notice on the contractor unless sub-paragraph (2) applies.
(2) This sub-paragraph applies if [F1NHS England] is satisfied that a period less than 28 days is necessary in order to—
(a)protect the safety of the contractor's patients; or
(b)protect itself from material financial loss.
(3) In a case falling with sub-paragraph (1), where the exceptions in sub-paragraph (2) do not apply, where the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1), and it notifies [F1NHS England] in writing that it has done so, the contract shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in sub-paragraph (4).
(4) The contract shall only terminate if and when—
(a)there has been a determination of the dispute pursuant to paragraph 56 and that determination permits [F1NHS England] to terminate the contract; or
(b)the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
(5) If [F1NHS England] is satisfied that it is necessary to terminate the contract before the NHS dispute resolution procedure is concluded in order to—
(a)protect the safety of the contractor's patients; or
(b)protect itself from material financial loss,
sub-paragraphs (3) and (4) shall not apply and [F1NHS England] shall be entitled to confirm, by written notice to be served on the contractor, that the contract will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74.
Textual Amendments
F1Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
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