X hits on this document

197 views

0 shares

0 downloads

0 comments

19 / 88

2.6

Where the Contractor is a Subsidiary or Holding Company, the PCT may, at its sole discretion and in consideration of allowing the Contractor to perform the Services, require the Contractor’s Parent Company to enter into a Parent Guarantee in the form detailed in Schedule 1 to this Section 2 (General Conditions of Contract) of the Contract.

NHS Contract7  

2.7

The Contractor [is] [is not] a Health Service Body for the purposes of section 4 of the 1990 Act.  Accordingly, the Contract is [not] an NHS Contract.

PART 3 COMMENCEMENT OF THE CONTRACT

3.1

The Contract shall commence on [date] (the “Commencement Date”).

DURATION OF THE CONTRACT

3.2

The Contract shall subsist until [insert date or time period] (the “Expiry Date”).  

3.3

[If the Contract is not terminated earlier pursuant to PART 17 then it will continue beyond the Expiry Date detailed in Clause 3.2 for successive periods of [] (_) months at a time (in each case a “Successive Period”) on the same terms and conditions, or such other terms and conditions as the Parties may agree in writing, unless either Party notifies the other in writing three (3) months prior to either the Expiry Date or to the anniversary of the Expiry Date in any Successive Period that it wishes to terminate the Contract either at the Expiry Date or the next relevant anniversary of the Expiry Date in any Successive Period.]8

PART 4 WARRANTIES

4.1

Each of the Parties warrants that it has power to enter into this Contract and has obtained any necessary approvals to do so.

7 If the Contractor is a Health Service Body for the purposes of section 4 of the 1990 Act or has elected to be regarded as such pursuant to regulation 9 of the PMS Agreement Regulations or regulation 10 of the GMS Contract Regulations, then the Contract must state that it is an NHS Contract – see APMS Direction 4(a).   Where the contract is an NHS Contract, it is not enforceable in the courts but instead disputes may be referred to the Secretary of State in accordance with section 4(3) of the 1990 Act.    In practice, out of hours contracts are unlikely to be NHS contracts unless the PCT is contracting with another statutory NHS body (eg an Ambulance Trust).   Unlike in GMS and PMS, there are no arrangements for APMS providers who are not already regarded as Health Services Bodies to elect to be so regarded.

8 Delete if not applicable.     The length of the contract and arrangements for renewal are for local decision.   

Document info
Document views197
Page views197
Page last viewedSat Dec 03 01:01:48 UTC 2016
Pages88
Paragraphs1622
Words24849

Comments