5.15 The payment mechanism should be structured so that the NHS body only makes a unitary payment each period for services delivered. The payment should be adjusted as appropriate to reflect the performance of the private sector operator under the contract. The NHS body should not make separate payments for different elements of the contract such as availability or service performance.
5.16 NHS bodies should not seek to have the ability to direct to whom any elements of the unitary payment are paid (or not paid) within the operator and its financiers. Once the unitary payment has been made it is the responsibility of the project company and the contractual agreement between the project company's owners, financiers and subcontractors as to how payments are then apportioned.