Anti-Abuse means “General Rule” (a) the legislation in Part 5 of the Finance Act 2013; and (b) any future legislation introduced into parliament to counteract tax advantages arising from abusive arrangements to avoid national insurance contributions; Industry means the exercise of that degree of skill, diligence, prudence, “Good Practice” risk management, quality management and foresight which would reasonably and ordinarily be expected from a skilled and experienced supplier engaged in the manufacture and/or supply of goods similar to the Goods under the same or similar circumstances as those applicable to this Contract, including in accordance with any codes of practice published by relevant trade associations; means all goods, materials or items that the Supplier is required “Goods” to supply to the Authority under this Contract; means any applicable guidance, direction or determination and “Guidance” any policies, advice or industry alerts which apply to the Goods, to the extent that the same are published and publicly available or the existence or contents of them have been notified to the Supplier by the Authority and/or have been published and/or notified to the Supplier by the Department of Health, Monitor, NHS England, the Medicines and Healthcare Products Regulatory Agency, the European Medicine Agency the European Commission, the Care Quality Commission and/or any other regulator or competent body; Abuse means the principle explained in the CJEU Case C-255/02 “Halifax Principle” Halifax and others; Property all patents, copyright, design rights, registered designs, “Intellectual Rights” trade marks, know-how, database rights, confidential formulae and any other intellectual property rights and the rights to apply for patents and trade marks and registered designs; Provisions” the key provisions set out in Schedule 1; “Key means the key performance indicators as set out in the “KPI” Specification and Tender Response Document, if any; means any applicable legal requirements including, without “Law” limitation,: any applicable statute or proclamation, delegated or subordinate legislation, bye-law, regulation or instrument as applicable in England and Wales; any applicable European Union obligation, directive, regulation, decision, law or right (including any such obligations, directives, regulations, decisions, laws or rights that are incorporated into the law of England and
“General Anti-Abuse Rule” means (a) the legislation in Part 5 of the Finance Act 2013; and (b) any future legislation introduced into parliament to counteract tax advantages arising from abusive arrangements to avoid national insurance contributions; “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence, risk management, quality management and foresight which would reasonably and ordinarily be expected from a skilled and experienced supplier engaged in the manufacture and/or supply of goods similar to the Goods under the same or similar circumstances as those applicable to this Contract, including in accordance with any codes of practice published by relevant trade associations; “Goods” means all goods, materials or items that the Supplier is required to supply to the Authority under this Contract; “Guidance” means any applicable guidance, direction or determination and any policies, advice or industry alerts which apply to the Goods, to the extent that the same are published and publicly available or the existence or contents of them have been notified to the Supplier by the Authority and/or have been published and/or notified to the Supplier by the Department of Health, Monitor, NHS England, the Medicines and Healthcare Products Regulatory Agency, the European Medicine Agency the European Commission, the Care Quality Commission and/or any other regulator or competent body; “Halifax Abuse Principle” means the principle explained in the CJEU Case C-255/02 Halifax and others; “Intellectual Property Rights” all patents, copyright, design rights, registered designs, trade marks, know-how, database rights, confidential formulae and any other intellectual property rights and the rights to apply for patents and trade marks and registered designs; “Key Provisions” the key provisions set out in Schedule 1; “KPI” means the key performance indicators as set out in the Specification and Tender Response Document, if any; “Law” means any applicable legal requirements including, without limitation,: any applicable statute or proclamation, delegated or subordinate legislation, bye-law, regulation or instrument as applicable in England and Wales; any applicable European Union obligation, directive, regulation, decision, law or right (including any such obligations, directives, regulations, decisions, laws or rights that are incorporated into the law of England and
NHS_TERMS_AND_CONDITIONS_FOR_THE_SUPPLY_OF_GOODS__PO_VERSION_.docx