Termination due to late payment The contractor may give notice in writing to the Commissioner if the Commissioner has failed to make any payment due to the contractor under the contract. If the Commissioner has failed to make any such payment within 28 days of the notice, the contractor may terminate the contract by a further written notice. Where the NHS dispute resolution procedure has been invoked by the Commissioner, within 28 days of the initial notice, the contractor may not terminate the contract until either the NHS dispute resolution determination allows termination or the Commissioner ceases to pursue the NHS dispute resolution process. For further information on the NHS dispute resolution process, please refer to the chapter on managing disputes. NHS England's general duties may be triggered by termination in these circumstances. For further information, refer to paragraph 1.6.12 of this chapter and also the full chapter on General Duties of NHS England. Termination for provision of untrue information The Commissioner may serve notice to terminate the contract immediately (or from any date set out in the notice) if, after the contract has been entered into, it comes to the attention of the Commissioner that written information provided to the Commissioner: before the contract was entered into; or for GMS contracts, pursuant to paragraph 85(2) or (3) or 86(2) of Schedule 6 of the GMS Regulations; or for PMS agreements, pursuant to paragraph 80(2) or (3) of Schedule 5 of the PMS Regulations, in relation to: for GMS contracts, Regulations 4 and 5 of the GMS Regulations for PMS agreements, Regulation 5 of the PMS Regulations; and for APMS contracts, Direction 4 of the APMS Directions, was, when given, untrue or inaccurate in a material respect.
Termination due to late payment The contractor may give notice in writing to the Commissioner if the Commissioner has failed to make any payment due to the contractor under the contract. If the Commissioner has failed to make any such payment within 28 days of the notice, the contractor may terminate the contract by a further written notice. Where the NHS dispute resolution procedure has been invoked by the Commissioner, within 28 days of the initial notice, the contractor may not terminate the contract until either the NHS dispute resolution determination allows termination or the Commissioner ceases to pursue the NHS dispute resolution process. For further information on the NHS dispute resolution process, please refer to the chapter on managing disputes. NHS England's general duties may be triggered by termination in these circumstances. For further information, refer to paragraph 1.6.12 of this chapter and also the full chapter on General Duties of NHS England. Termination for provision of untrue information The Commissioner may serve notice to terminate the contract immediately (or from any date set out in the notice) if, after the contract has been entered into, it comes to the attention of the Commissioner that written information provided to the Commissioner: before the contract was entered into; or for GMS contracts, pursuant to paragraph 85(2) or (3) or 86(2) of Schedule 6 of the GMS Regulations; or for PMS agreements, pursuant to paragraph 80(2) or (3) of Schedule 5 of the PMS Regulations, in relation to: for GMS contracts, Regulations 4 and 5 of the GMS Regulations for PMS agreements, Regulation 5 of the PMS Regulations; and for APMS contracts, Direction 4 of the APMS Directions, was, when given, untrue or inaccurate in a material respect.
Primary-Medical-Care-Policy-Guidance.docx