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The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013

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Declaration of ineffectiveness

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14.—(1) Monitor may declare that an arrangement for the provision of health care services for the purposes of the NHS is ineffective(1).

(2) Monitor may only make a declaration under paragraph (1) where it is satisfied that—

(a)in relation to that arrangement, a relevant body has failed to comply with a requirement imposed by regulation 2, 3(1) to (4), 4(2) and (3), 5 to 8 or 10(1), and

(b)the failure is sufficiently serious.

(3) Monitor may declare that a term or condition of an arrangement for the provision of health care services for the purposes of the NHS is ineffective where is it satisfied that—

(a)in relation to that term or condition, a relevant body has failed to comply with regulation 10(2), and

(b)the failure is sufficiently serious.

(4) On a declaration being made under paragraph (3), the term or condition is void; but that does not affect—

(a)the validity of anything done pursuant to the term or condition,

(b)any right acquired or liability incurred under the term or condition, or

(c)any proceedings or remedy in respect of such a right or liability.

(1)

Section 76(5) of the 2012 Act provides that where such a declaration is made the arrangement is void; but that does not affect: (a) the validity of anything done pursuant to the agreement, (b) any right acquired or liability incurred under the arrangement, or (c) any proceedings or remedy in respect of such a right or liability.

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