The contractor must comply with the requirement to allow an authorised representative to enter and view premises and observe the carrying-on of activities on those premises in accordance with regulations made under section 225 (duties of services- providers to allow entry by Local Healthwatch organisations or contractors) of the Local Government and Public Involvement Health Act 2007.

Entry and inspection by the Care Quality Commission

PART5A — Complaints received on or after 1st April 2009

46B

As regards complaints relating to any matter reasonably connected with the provision of services under the contract which are received on or after 1st April 2009, the contractor must have in place a complaints procedure which meets the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.

Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement

24A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement

24B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of and access to information: the Board

Notification to the Board

Notice provisions specific to a contract with two or more individuals practising in partnership

42B

(1) Where a limited liability partnership is a party to a contract it shall give notice to NHS England forthwith when—

(a) it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;

(b) circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;

(d) the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts); and

(e) any membership changes are notified in accordance with section 9 of the Limited Liability Partnership Act 2000 (registration of membership changes) to the registrar (within the meaning of that Act) in relation to a person who becomes or ceases to be a member or designated member (within the meaning of that Act) and the notice must specify the date on which that person becomes or ceases to be a member or designated member (as the case may be).

(2) A notice under sub-paragraph (e) must confirm—

(a) that any new member joining the partnership meets the conditions imposed by regulation 4 (general prescribed conditions relating to all contracts); and

(b) following the membership changes, the partnership continues to satisfy the conditions in section 102(2A) of the 2006 Act.

Notification to patients following a variation of the contract

Entry and inspection by the Board

Entry and inspection by members of Patients' Forums

Entry and inspection by the Care Quality Commission

Entry and viewing by Local Healthwatch organisations

Action the Board can take following a mid-year review

Termination by the Board: general

Termination by the Board: no longer eligible to enter into and breach of conditions of the contract

Termination by the Board for the provision of untrue etc. information

Termination by the Board on grounds of suitability etc.

Termination by the Board: patient safety and material financial loss

Termination by the Board: remedial notices and breach notices

Termination by the Board: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.

Duty as to education and training

79A

The contractor must co-operate with the Secretary of State in the discharge of the Secretary of State’s duty under section 1F of the 2006 Act (duty as to education and training), or, co-operate with NHS England where NHS England is discharging that duty by virtue of section 97 of the Care Act 2014.

Quality assurance system

Insurance: negligent performance

Public liability insurance

Gifts

Compliance with legislation and guidance

Third party rights

Signing of documents

2A

In the case of a contract with a limited liability partnership—

(a) whether or not it is a limited liability partnership;

(b) the names of the members of the limited liability partnership; and

Friends and Family Test

5A

(1) The contractor must give all patients who use the contractor’s practice the opportunity to provide feedback about the service received from the practice through the Friends and Family Test.

(2) The contractor must—

(a) report the results of completed Friends and Family Tests to NHS England; and

(b) publish the results of such completed tests,

in the manner approved by NHS England.

(3) In this paragraph, “Friends and Family Test” means the arrangements that the contractor is required by NHS England to implement to enable its patients to provide anonymous feedback about the patient experience at the contractor’s practice.

Units of dental activity for contractors who elect to enter into a prototype agreement

18A

(1) Subject to paragraph (3), where a contractor has elected to enter into a prototype agreement, the prototype agreement must specify the number of units of dental activity to be provided by the contractor—

(a) where the prototype agreement begins on 1st April, in each financial year; or

(b) where the prototype agreement begins on a date other than 1st April, in the remainder of the financial year in which the prototype agreement begins, and in each financial year thereafter.

(2) A prototype agreement must contain terms which have the effect of those specified in Schedule 2A in relation to the calculation of the number of units of dental activity to be provided by the contractor under the prototype agreement.

(3) This regulation does not apply where the contractor is a CDS prototype contractor.

Capitated patient figures for contractors who elect to enter into a prototype agreement

18B

Where a contractor has elected to enter into a prototype agreement except where the contractor is a CDS prototype contractor, the prototype agreement must specify the number of capitated patients to whom the contractor is expected to have provided primary dental services (known as the capitated patient figure) by the end of each financial year.

Capitated patients

18C

(1) Subject to paragraph (3), where a contractor has elected to enter into a prototype agreement, on any day (“the relevant day”) a patient is a capitated patient if that patient has been provided with a banded course of treatment by the contractor (C1) within a period of three years immediately preceding that day, provided that—

(a) the banded course of treatment has not been provided by a foundation trainee;

(b) the patient has not been referred to C1 for the banded course of treatment by another primary dental services contractor; and

(c) the patient was not subsequently provided with a banded course of treatment before the relevant day by another primary dental services contractor (C2), unless the patient was referred to C2 by C1 for that banded course of treatment.

(2) For the purposes of this regulation—

(a) a banded course of treatment does not include the provision of an urgent course of treatment; and

(b) “foundation trainee” has the meaning given in Section 12 of the General Dental Services Statement of Financial Entitlements 2013 (glossary of terms).

(3) This regulation does not apply where the contractor is a CDS prototype contractor.

Under provision of units of dental activity or units of orthodontic activity

Domiciliary services and sedation services

Finance

Fees, charges and financial interests of the contractor

Arrangements on termination

Other contractual terms

Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement

Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement

24C

(1) Subject to paragraph (6), this regulation applies where the contractor and NHS England elect to enter into a prototype agreement.

(2) Where this regulation applies, the terms of the contract which have the same effect as the provisions specified in paragraph (3) must be varied in accordance with paragraphs (4) and (5) with effect from the day on which the prototype agreement commences and for the period ending at the end of the day which is the date of termination of the prototype agreement, which must be no later than 31st March 2022.

(3) The provisions specified in this paragraph are—

(a) regulation 17 (units of dental activity);

(b) regulation 19 (under provision of units of dental activity or units of orthodontic activity), in relation to units of dental activity only;

(d) Part 1 of Schedule 2 (units of dental activity); and

(e) in Schedule 3 (other contractual terms)—

(i) paragraph 32(2) (patient records), which is a contractor’s discretion to keep patient records in electronic form,

(ii) paragraph 58 (mid-year reviews), and

(iii) paragraph 61(1)(a) and (3)(a) (variation of a contract: activity under the contract), which relate to units of dental activity.

(4) The contract must include terms that have the effect of temporarily releasing the contractor and NHS England from all of the obligations, conditions, payments, rights and liabilities relating to those terms (and only those terms) which have the same effect as the provisions specified in paragraph (3), including any right to enforce those terms.

(5) The contract must also include terms that have the effect of providing that, immediately after the date of the termination of the prototype agreement, the terms of the contract that subsisted between the parties immediately before—

(a) in the case of a contractor who held both a Capitation and Quality Scheme Agreement and a Capitation and Quality Scheme 2 Agreement, the Capitation and Quality Scheme Agreement commenced;

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