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1.11

Where the Parties have indicated in writing that a clause in the Contract is reserved, that clause is not relevant and has no application to the Contract.

1.12

Where a particular clause is included in the Contract but is not relevant to the Contractor because that clause relates to matters which do not apply to the Contractor (for example, if the clause only applies to partnerships and the Contractor is an individual medical practitioner), that clause is not relevant and has no application to the Contract.

PART 2 RELATIONSHIP BETWEEN THE PARTIES

2.1

The Contract is a contract for the provision of services.  The Contractor is an independent provider of services and is not an employee, partner or agent of the PCT. The Contractor must not represent or conduct its activities so as to give the impression that it is the employee, partner or agent of the PCT.

2.2

The PCT does not by entering into the Contract, and shall not as a result of anything done by the Contractor in connection with the performance of the Contract, incur any contractual liability to any other person.

2.3

The Contract does not create any right enforceable by any person not a party to it under the Contracts (Rights of Third Parties) Act 1999.4   

2.4

The Contractor shall not delegate its obligations or otherwise give, sell, assign or otherwise dispose of the benefit of any of its rights, under the Contract without the prior written authorisation of the PCT in accordance with Clauses 7.21 – 7.24.5

2.5

The PCT may give, sell, assign or otherwise dispose of the benefit of its rights under the Contract to another Primary Care Trust.

Parent Guarantee6  

4 Clause 2.3 is required by APMS Direction 5(1)(y)

5 Clause 2.4 is required by the APMS Direction 4(c) insofar as it prohibits the Contractor selling, assigning or otherwise disposing of the benefit of any rights under the Contract without the prior consent of the PCT.   In addition, APMS Direction 4(d) requires the Contract to specify the circumstances (if any) in which obligations under the Contract may be sub-contracted.  This is dealt with by the words with dotted underlining and by Clauses 7.21 to 7.24.   PCTs may, if they wish, adopt a more or less restrictive approach to sub-contracting.

6 Clause 2.6 will only be relevant where the provider has a parent company which is willing to act as guarantor.   Delete if inapplicable.

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