54.—[F1(1) In the case of an agreement that is not an NHS contract, any dispute arising out of or in connection with the agreement, except matters dealt with under the complaints procedure pursuant to Part 6, may be referred for consideration and determination to the Secretary of State—
(a)if it relates to a period when the contractor was a health service body, by the contractor or by [F2NHS England]; or
(b)in any other case, by the contractor or, if the contractor agrees in writing, by [F2NHS England].]
(2) In the case of a dispute referred to the Secretary of State under sub-paragraph (1)—
(a)the procedure to be followed is the NHS dispute resolution procedure; and
(b)the parties agree to be bound by any determination made by the adjudicator.
Textual Amendments
F1Sch. 3 para. 54(1) substituted (1.7.2015) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Miscellaneous Amendments and Transitional Provision) Regulations 2015 (S.I. 2015/416), regs. 1(3), 9 (with reg. 12)
F2Words 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