PART 5CONTRACT TERMS

Dispute resolution procedures for default contracts33.

(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 Scottish Ministers if–

(a)

the Health Board so wishes and the contractor has agreed in writing; or

(b)

the contractor so wishes (even if the Health Board does not agree).

(2)

Any dispute referred to the Scottish Ministers under paragraph (1) shall be determined in accordance with the NHS dispute resolution procedure as if in Schedule 5 to the 2004 Regulations–

(a)

paragraph 91(1) and (2) were omitted; and

(b)

in paragraph 91(3) “sub paragraph (1)” and in paragraph 92(2) “paragraph 90(1)”,

read “paragraph (1) of article 33 of the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004”.