The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

Directions in respect of PMS agreement disputes

4.—(1) The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 95 and 96 of Schedule 5 to the PMS Agreements Regulations (dispute resolution) referred to in paragraph (2).

(2) The functions are those in respect of any dispute (or part of a dispute) between the parties to a PMS agreement that relate to a term of the agreement that gives effect to any of the following provisions in Schedule 5 to the PMS Agreements Regulations—

(a) paragraph 104 (termination by the relevant body for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the relevant body by the contractor before the agreement was entered into was, when given, untrue or inaccurate in a material respect; or

(b) paragraph 105 (termination by the relevant body on fitness grounds), but only in so far as the dispute requires a determination in respect of—

(i) whether any of the persons specified in paragraph 105(1) or (2) falls within paragraph 105(3) during the existence of the agreement, or

(ii) any dispute relating to a decision taken by a relevant body in accordance with paragraph 105(4) to (6).