Common use of Variation of the contract Clause in Contracts

Variation of the contract. activity under the Contract Where the Contractor or the Board is of the opinion that there needs to be a variation to the number of— units of dental activity; or units of orthodontic activity, to be provided under the Contract, clauses 290 and 291 shall apply. The Contractor or the Board (as the case may be) shall notify the other party to the Contract in writing of its opinion of the need for a variation, specifying in that notice the variation that it considers necessary, together with its reasons. Following service of the notice referred to in clause 290, both parties shall use their best endeavours to communicate and co-operate with each other with a view to determining what (if any) variation should be made to the number of— units of dental activity; or units of orthodontic activity, and any related variations to the Contract, including to the monies to be paid to the Contractor under the Contract, and shall, where appropriate, effect the variation in accordance with clause 287 and 288. Variation provisions specific to a contract with an individual dental practitioner78 If the Contractor which is an individual dental practitioner proposes to practise in partnership with one or more persons during the existence of the Contract, the Contractor shall notify the Board in writing of— the name of the person or persons with whom it proposes to practise in partnership; and the date on which the Contractor wishes to change its status as a contractor from that of an individual dental practitioner to that of a partnership, which shall be not less than 28 days after the date upon which it has served the notice on the Board pursuant to this clause 292. A notice under clause 292 shall in respect of the person or each of the persons with whom the Contractor is proposing to practise in partnership, and also in respect of itself as regards the matters specified in clause 293.3— confirm that he is either— a dental practitioner, or a person who satisfies the conditions specified in section 102(2)(b) of the 2006 Act; confirm that he is a person who satisfies the conditions imposed by regulation 4 of the Regulations; and state whether or not it is to be a limited partnership, and if so, who is to be a limited and who a general partner, and the notice shall be signed by the individual dental practitioner and by the person, or each of the persons (as the case may be), with whom he is proposing to practise in partnership. The Contractor shall ensure that any person who will practise in partnership with it is bound by the Contract, whether by virtue of a partnership deed or otherwise. If the Board is satisfied as to the accuracy of the matters specified in clause 293 that are included in the notice, the Board shall give notice in writing to the Contractor confirming that the Contract shall continue with the partnership entered into by the Contractor and its partners, from a date that the Board specifies in that notice. Where it is reasonably practicable, the date specified by the Board pursuant to clause 295 shall be the date requested in the notice served by the Contractor pursuant to clause 292, or, where that date is not reasonably practicable, the date specified shall be a date after the requested date that is as close to the requested date as is reasonably practicable. Where the Contractor has given notice to the Board pursuant to clause 292, the Board— may vary the Contract but only to the extent that it is satisfied is necessary to reflect the change in status of the Contractor from an individual dental practitioner to a partnership; and if it does propose to so vary the Contract, it shall include in the notice served on the Contractor pursuant to clause 295 the wording of the proposed variation and the date upon which that variation is to take effect. Variation provisions specific to a contract with two or more individuals practising in partnership79 Subject to clause 301, where the Contractor consists of two or more individuals practising in partnership, in the event that the partnership is terminated or dissolved, the Contract shall only continue with one of the former partners if that partner is— nominated in accordance with clause 300; and a dental practitioner, and provided that the requirements in clauses 299 and 300 are met. The Contractor shall notify the Board in writing at least 28 days in advance of the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner pursuant to clause 298. A notice under clause 299 shall— specify the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner; specify the name of the dental practitioner with whom the Contract will continue, which must be one of the partners; and be signed by all of the persons who are practising in partnership. If a partnership is terminated or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, clauses 298 to 300 shall not apply and— the Contract shall continue with the individual who has not died only if that individual is a dental practitioner; and that individual shall in any event notify the Board in writing as soon as is reasonably practicable of the death of his partner. When the Board receives a notice pursuant to clause 299 or 301.2, it shall acknowledge in writing receipt of the notice, and in relation to a notice served pursuant to clause 299, the Board shall do so before the date specified pursuant to clause 300.1. Where the Contractor gives notice to the Board pursuant to clause 299 or 301.2, the Board may vary the Contract but only to the extent that it is satisfied is necessary to reflect the change in status of the Contractor from a partnership to an individual dental practitioner. If the Board varies the Contract pursuant to clause 303, it shall notify the Contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.

Variation of the contract. activity under general Subject to Part 11 of the Contract Where (opts outs of additional and out of hours services), clauses 10.2.8, 10.2.9, 15.9.8, and 15.10.8 and this Part (variation and termination of the Contractor Contract), no amendment or variation shall have effect unless it is in writing and signed by or on behalf of the Board is of and the opinion that there needs to be a variation Contractor. In addition to the number of— units of dental activity; or units of orthodontic activityspecific provision made in clauses 26.2.6, to be provided under the Contract26.3.10 and 26.16, clauses 290 and 291 shall apply. The Contractor or the Board (may vary the Contract without the Contractor’s consent so as to comply with the case may be) shall notify 2006 Act, any regulations made pursuant to that Act, or any direction given by the other party Secretary of State pursuant to that Act where it- is reasonably satisfied that it is necessary to vary the Contract in order so to comply; and notifies the Contractor in writing of its opinion the wording of the need for a variationproposed variation and the date upon which that variation is to take effect. Where it is reasonably practicable to do so, specifying in the date that notice the proposed variation that it considers necessary, together with its reasons. Following service of is to take effect shall be not less than 14 days after the date on which the notice referred to in under clause 290, both parties shall use their best endeavours to communicate and co-operate with each other with a view to determining what (if any26.1.2(b) variation should be made to is served on the number of— units of dental activity; or units of orthodontic activity, and any related variations to the Contract, including to the monies to be paid to the Contractor under the Contract, and shall, where appropriate, effect the variation in accordance with clause 287 and 288Contractor. Variation provisions specific to a contract with an individual dental practitioner78 If medical practitioner96 Where the Contractor which is an individual dental medical practitioner and proposes to practise in partnership with one or more persons during the existence of the Contract, the Contractor shall notify the Board in writing of— of- the name of the person or persons with whom it proposes to practise in partnership; and the date on which the Contractor wishes to change its status as a contractor from that of an individual dental medical practitioner to that of a partnership, which shall be not less than 28 days after the date upon which it has served the notice on the Board pursuant to this clause 292clause. A notice Notice under clause 292 shall 26.2.1 shall, in respect of the person or each of the persons with whom the Contractor is proposing to practise in partnership, and also in respect of itself the Contractor as regards the matters specified in sub-clause 293.3— (c)- confirm that he is either— either a dental practitioner, medical practitioner or a person who satisfies the conditions specified in section 102(2)(b86(2)(b)(i) to (iv) of the 2006 Act; confirm that he is a person who satisfies the conditions imposed by regulation regulations 4 and 5 of the Regulations; and state whether or not it is to be a limited partnership, and if so, who is to be a limited partner and who a general partner, and the notice shall be signed by the individual dental practitioner Contractor, and by the person, person or each of the persons (as the case may be), with whom he it is proposing to practise in partnership. The Contractor shall ensure that any person who will practise in partnership with it is bound by the Contract, whether by virtue of a partnership deed or otherwise. If the Board is satisfied as to the accuracy of the matters specified in the notice referred to in clause 293 that are included in the notice26.2.1, the Board shall give notice in writing to the Contractor confirming that the Contract shall continue with the partnership entered into by the Contractor and its partners, from a date that the Board specifies in that notice. Where it is reasonably practicable, the The date specified by the Board pursuant to clause 295 26.2.4 shall be the date requested in the notice served by the Contractor pursuant to clause 29226.2.1, or, where that date is not reasonably practicable, the date specified shall be a date after the requested date that is as close closest to the requested date as is reasonably practicable. Where the Contractor has given notice to the Board pursuant to clause 29226.2.1, the Board— Board may vary the Contract but only to the extent that it is satisfied is necessary to reflect the change in status of the Contractor from an individual dental medical practitioner to a partnership; and if it . If the Board does propose to so vary the Contract, it shall include in the notice served on the Contractor pursuant to clause 295 26.2.4 the wording of the proposed variation and the date upon which that variation is to take effect. Variation provisions specific to a contract with two or more individuals practising in partnership79 a Partnership97 Subject to clause 30126.3.3, where the Contractor consists of two or more individuals practising in partnership, in the event that the partnership is terminated or dissolved, the Contract shall only continue with one of the former partners if that partner is— is- nominated in accordance with clause 30026.3.2; and a dental practitioner, and provided that the requirements in clauses 299 and 300 are met. The Contractor shall notify the Board in writing at least 28 days in advance of the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner pursuant to clause 298. A notice under clause 299 shall— specify the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner; specify the name of the dental practitioner with whom the Contract will continue, which must be one of the partners; and be signed by all of the persons who are practising in partnership. If a partnership is terminated or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, clauses 298 to 300 shall not apply and— the Contract shall continue with the individual who has not died only if that individual is a dental practitioner; and that individual shall in any event notify the Board in writing as soon as is reasonably practicable of the death of his partner. When the Board receives a notice pursuant to clause 299 or 301.2, it shall acknowledge in writing receipt of the notice, and in relation to a notice served pursuant to clause 299, the Board shall do so before the date specified pursuant to clause 300.1. Where the Contractor gives notice to the Board pursuant to clause 299 or 301.2, the Board may vary the Contract but only to the extent that it is satisfied is necessary to reflect the change in status of the Contractor from a partnership to an individual dental practitioner. If the Board varies the Contract pursuant to clause 303, it shall notify the Contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.

Variation of the contract. activity under the Contract Where the Contractor or the Board is of the opinion that there needs to be a variation to the number of— units of dental activity; or units of orthodontic activity, to be provided under the Contract, clauses 290 290. and 291 291. shall apply. The Contractor or the Board (as the case may be) shall notify the other party to the Contract in writing of its opinion of the need for a variation, specifying in that notice the variation that it considers necessary, together with its reasons. Following service of the notice referred to in clause 290., both parties shall use their best endeavours to communicate and co-operate with each other with a view to determining what (if any) variation should be made to the number of— units of dental activity; or units of orthodontic activity, and any related variations to the Contract, including to the monies to be paid to the Contractor under the Contract, and shall, where appropriate, effect the variation in accordance with clause 287 287. and 288. Variation provisions specific to a contract with an individual dental practitioner78 If the Contractor which is an individual dental practitioner proposes to practise in partnership with one or more persons during the existence of the Contract, the Contractor shall notify the Board in writing of— the name of the person or persons with whom it proposes to practise in partnership; and the date on which the Contractor wishes to change its status as a contractor from that of an individual dental practitioner to that of a partnership, which shall be not less than 28 days after the date upon which it has served the notice on the Board pursuant to this clause 292. A notice under clause 292 292. shall in respect of the person or each of the persons with whom the Contractor is proposing to practise in partnership, and also in respect of itself as regards the matters specified in clause 293.3.— confirm that he is either— a dental practitioner, or a person who satisfies the conditions specified in section 102(2)(b) of the 2006 Act; confirm that he is a person who satisfies the conditions imposed by regulation 4 of the Regulations; and state whether or not it is to be a limited partnership, and if so, who is to be a limited and who a general partner, and the notice shall be signed by the individual dental practitioner and by the person, or each of the persons (as the case may be), with whom he is proposing to practise in partnership. The Contractor shall ensure that any person who will practise in partnership with it is bound by the Contract, whether by virtue of a partnership deed or otherwise. If the Board is satisfied as to the accuracy of the matters specified in clause 293 293. that are included in the notice, the Board shall give notice in writing to the Contractor confirming that the Contract shall continue with the partnership entered into by the Contractor and its partners, from a date that the Board specifies in that notice. Where it is reasonably practicable, the date specified by the Board pursuant to clause 295 295. shall be the date requested in the notice served by the Contractor pursuant to clause 292., or, where that date is not reasonably practicable, the date specified shall be a date after the requested date that is as close to the requested date as is reasonably practicable. Where the Contractor has given notice to the Board pursuant to clause 292., the Board— may vary the Contract but only to the extent that it is satisfied is necessary to reflect the change in status of the Contractor from an individual dental practitioner to a partnership; and if it does propose to so vary the Contract, it shall include in the notice served on the Contractor pursuant to clause 295 295. the wording of the proposed variation and the date upon which that variation is to take effect. Variation provisions specific to a contract with two or more individuals practising in partnership79 Subject to clause 301., where the Contractor consists of two or more individuals practising in partnership, in the event that the partnership is terminated or dissolved, the Contract shall only continue with one of the former partners if that partner is— nominated in accordance with clause 300.; and a dental practitioner, and provided that the requirements in clauses 299 299. and 300 300. are met. The Contractor shall notify the Board in writing at least 28 days in advance of the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner pursuant to clause 298. .. A notice under clause 299 299. shall— specify the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner; specify the name of the dental practitioner with whom the Contract will continue, which must be one of the partners; and be signed by all of the persons who are practising in partnership. If a partnership is terminated or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, clauses 298 298. to 300 300. shall not apply and— the Contract shall continue with the individual who has not died only if that individual is a dental practitioner; and that individual shall in any event notify the Board in writing as soon as is reasonably practicable of the death of his partner. When the Board receives a notice pursuant to clause 299 299. or 301.2., it shall acknowledge in writing receipt of the notice, and in relation to a notice served pursuant to clause 299., the Board shall do so before the date specified pursuant to clause 300.1. .. Where the Contractor gives notice to the Board pursuant to clause 299 299. or 301.2., the Board may vary the Contract but only to the extent that it is satisfied is necessary to reflect the change in status of the Contractor from a partnership to an individual dental practitioner. If the Board varies the Contract pursuant to clause 303., it shall notify the Contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.