21. An agreement must contain a term to the effect that where, pursuant to directions of the Scottish Ministers under sections 2(5)(1) or section 17E(3A) of the Act, a Health Board is required to make a payment to a provider under an agreement but subject to conditions, those conditions shall be a term of the agreement.
Section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(1).