“Dispute(s)” any dispute, difference or question of interpretation or construction arising out of or in connection with this Contract, including any dispute, difference or question of interpretation relating to the Goods, any matters of contractual construction and interpretation relating to the Contract, or any matter where this Contract directs the Parties to resolve an issue by reference to the Dispute Resolution Procedure; “Dispute Notice” means a written notice served by one Party to the other stating that the Party serving the notice believes there is a Dispute; “Dispute Resolution Procedure” the process for resolving Disputes as set out in Clause 22 of Schedule 2; “DOTAS” means the Disclosure of Tax Avoidance Schemes rules which require a promoter of tax schemes to tell HM Revenue and Customs of any specified notifiable arrangements or proposals and to provide prescribed information on those arrangements or proposals within set time limits as contained in Part 7 of the Finance Act 2004 and in secondary legislation made under vires contained in Part 7 of the Finance Act 2004 and as extended to National Insurance Contributions by the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2012, SI 2012/1868 made under s.132A Social Security Administration Act 1992; “Electronic Trading System(s)” means such electronic data interchange system and/or world wide web application and/or other application with such message standards and protocols as the Authority may specify from time to time; “Environmental Regulations” shall have the meaning given to the term in Clause 1.2 of Schedule 3; “eProcurement Guidance” means the NHS eProcurement Strategy available via: together with any further Guidance issued by the Department of Health in connection with it; “Equality Legislation” means any and all legislation, applicable guidance and statutory codes of practice relating to equality, diversity, and human rights as may be in force in England and Wales from time to time including, but not limited to, the Equality Act 2010, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) and the Human Rights Act 1998; “FOIA” shall have the meaning given to the term in Clause 1.2 of Schedule 3;
“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