The National Health Service (Personal Dental Services Agreements) Regulations 2005
- (8) If the contractor is in breach of any obligation and a breach notice or a remedial notice in respect of that default has been given to the contractor, NHS England may withhold or deduct monies which would otherwise be payable under the agreement in respect of that obligation which is the subject of the default.
Termination by the Relevant Body: additional provisions specific to contracts with qualifying bodies
72
- (1) Where a party to the agreement is a dental corporation, company limited by shares, or limited liability partnership, if NHS England becomes aware that the dental corporation, company limited by shares, or limited liability partnership is carrying on any business which NHS England considers to be detrimental to the contractor's performance of its obligations under the agreement—
- (a) NHS England shall be entitled to give notice to the contractor requiring that the dental corporation, company limited by shares, or limited liability partnership ceases carrying on that business before the end of a period of not less than 28 days beginning on the day on which the notice is given (“the notice period”); and
- (b) if the contractor has not satisfied NHS England that the dental corporation, company limited by shares, or limited liability partnership has ceased carrying on that business by the end of the notice period, NHS England may, by a further written notice, terminate the agreement forthwith or from such date as may be specified in the notice.
- (2) Where the contractor is a dental corporation or company limited by shares and on or after the coming into force for all purposes of article 39 of the Dentists Act Order during the existence of the agreement—
- (a) the majority of the directors of the dental corporation or company limited by shares cease to be either dental practitioners or dental care professionals;
- (b) the dental corporation or company limited by shares has been convicted of an offence under section 43(1) of the Dentists Act (directors of bodies corporate); or
- (c) the dental corporation or company limited by shares, or a director or former director of that dental corporation or company limited by shares, has had a financial penalty imposed on it or him by the General Dental Council pursuant to section 43B (financial penalties in relation to bodies corporate) or 44 (further financial penalties on bodies corporate) of the Dentists Act,
NHS England may, by written notice, terminate the agreement if it considers that as a consequence the dental corporation or company limited by shares is no longer suitable to be a contractor.
- (3) Where the contractor is a company limited by shares and the company ceases—
- (a) to be a company limited by shares; or
- (b) to satisfy the conditions in section 108(1A) of the 2006 Act,
NHS England shall serve notice in writing on the contractor terminating the contract forthwith.
- (4) Where the contractor is a limited liability partnership and—
- (a) the partnership ceases to be a limited liability partnership; or
- (b) section 108(1B) or (1C) of the 2006 Act ceases to apply in respect of that partnership,
NHS England shall serve notice in writing on the contractor terminating the contract forthwith.
Agreement sanctions
73
- (1) In this paragraph and paragraph 74, “agreement sanction” means—
- (a) termination of specified reciprocal obligations under the agreement;
- (b) suspension of specified reciprocal obligations under the agreement for a period of up to six months; or
- (c) withholding or deducting monies otherwise payable under the agreement.
- (2) Where NHS England is entitled to terminate the agreement pursuant to paragraph 68, 69, 70, 71(4), 71(6) or 72, it may instead impose any of the agreement sanctions if NHS England is reasonably satisfied that the agreement sanction to be imposed is appropriate and proportionate to the circumstances which provide grounds for NHS England to terminate the agreement.
- (3) If NHS England decides to impose an agreement sanction, it must notify the contractor of the agreement sanction that it proposes to impose, the date upon which that sanction will be imposed and provide in that notice an explanation of the effect of the imposition of that sanction.
- (4) Subject to paragraph 74, NHS England shall not impose the agreement sanction until at least 28 days after it has served notice on the contractor pursuant to sub-paragraph (3) unless it is satisfied that it is necessary to do so in order to—
- (a) protect the safety of the contractor's patients; or
- (b) protect itself from material financial loss.
- (5) Where NHS England imposes an agreement sanction, it shall be entitled to charge the contractor the reasonable costs of additional administration that NHS England has incurred in order to impose, or as a result of imposing, the agreement sanction.
Agreement sanctions and the NHS dispute resolution procedure
74
- (1) If there is a dispute between NHS England and the contractor in relation to an agreement sanction that NHS England is proposing to impose, NHS England shall not, subject to sub-paragraph (4), impose the proposed agreement sanction except in the circumstances specified in sub-paragraph (2).
- (2) If the contractor refers the dispute relating to the agreement sanction to the NHS dispute resolution procedure within 28 days beginning on the date on which NHS England served notice on the contractor in accordance with paragraph 73(3) (or such longer period as may be agreed in writing with NHS England), and notifies NHS England in writing that it has done so, NHS England shall not impose the agreement sanction unless—
- (a) there has been a determination of the dispute pursuant to paragraph 56 and that determination permits NHS England to impose the agreement sanction; or
- (b) the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
- (3) If the contractor does not invoke the NHS dispute resolution procedure within the time specified in sub-paragraph (2), NHS England shall be entitled to impose the agreement sanction forthwith.
- (4) If NHS England is satisfied that it is necessary to impose the agreement sanction before the NHS dispute resolution procedure is concluded in order to—
- (a) protect the safety of the contractor's patients; or
- (b) protect itself from material financial loss,
NHS England shall be entitled to impose the agreement sanction forthwith, pending the outcome of that procedure.
Termination and the NHS dispute resolution procedure
75
- (1) Where NHS England is entitled to serve written notice on the contractor terminating the agreement pursuant to paragraph 68, 69, 70, 71(4), 71(6) or 72, it shall, in the notice served on the contractor pursuant to those provisions, specify a date on which the agreement terminates that is not less than 28 days after the date on which NHS England has served that notice on the contractor unless sub-paragraph (2) applies.
- (2) This sub-paragraph applies if NHS England is satisfied that a period less than 28 days is necessary in order to—
- (a) protect the safety of the contractor's patients; or
- (b) protect itself from material financial loss.
- (3) In a case falling with sub-paragraph (1), where—
- (a) the exceptions in sub-paragraph (2) do not apply;
- (b) the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1); and
- (c) the contractor notifies NHS England in writing that it has done so,
the agreement shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in sub-paragraph (4).
- (4) The agreement shall only terminate if and when—
- (a) there has been a determination of the dispute pursuant to paragraph 56 and that determination permits NHS England to terminate the agreement; or
- (b) the contractor ceases to pursue the NHS dispute resolution procedure,
whichever is the sooner.
- (5) If NHS England is satisfied that it is necessary to terminate the agreement before the NHS dispute resolution procedure is concluded in order to—
- (a) protect the safety of the contractor's patients; or
- (b) protect itself from material financial loss,
sub-paragraphs (3) and (4) shall not apply and NHS England shall be entitled to confirm, by written notice to be served on the contractor, that the agreement will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 68, 69, 70, 71(4), 71(6) or 72.
PART 10 — MISCELLANEOUS
Evidence of exemption under the Act
76
- (1) Subject to sub-paragraph (2), the contractor shall ensure that it requests, in respect of a person who makes a declaration relating to exemption under paragraph 1(1) of Schedule 12ZA to the Act, evidence in support of that declaration.
- (2) The contractor shall ensure that—
- (a) a note of the type of evidence submitted is made; or
- (b) in the case where no evidence is submitted, a note of that fact is made.
- (3) Sub-paragraphs (1) and (2) do not apply where the contractor is satisfied that the person in respect of whom the declaration is made is under the age of 18 years.
Clinical governance arrangements
77
- (1) Subject to paragraph (2), the contractor shall comply with such clinical governance arrangements as NHS England may establish in respect of contractors providing services under an agreement.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The contractor shall nominate a person who manages services under the agreement to have responsibility for ensuring compliance with clinical governance arrangements.
- (4) In this paragraph, “clinical governance arrangements” means arrangements through which the contractor endeavours to continuously improve the quality of its services and safeguard high standards of care by creating an environment in which clinical excellence can flourish.
Quality assurance system
78
- (1) The contractor shall establish and operate a practice based quality assurance system which is applicable to all persons specified in sub-paragraph (2).
- (2) The specified persons are—
- (a) any dental practitioner who performs services under the agreement; and
- (b) any other person employed or engaged by the contractor to perform or assist in the performance of services under the agreement.
- (3) A contractor shall ensure that in respect of its practice based quality assurance system, it has nominated a person (who need not be connected with the contractor's practice) to be responsible for operating that system.
- (4) In this paragraph, “a practice based quality assurance system” means one which comprises a system to ensure that—
- (a) effective measures of infection control are used;
- (b) all legal requirements relating to health and safety in the workplace are satisfied;
- (c) all legal requirements relating to radiological protection are satisfied; and
- (d) any requirements of the General Dental Council in respect of the continuing professional development of dental practitioners are satisfied.
Insurance: negligent performance
79
- (1) The contractor shall at all times have in force in relation to it an indemnity arrangement which provides appropriate cover.
- (2) The contractor shall not sub-contract its obligations to provide clinical services under the agreement unless it has satisfied itself that the sub-contractor has in force in relation to it an indemnity arrangement which provides appropriate cover.
- (3) In this paragraph—
- (a) “indemnity arrangement” means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;
- (aa) “appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the agreement, which is appropriate, having regard to the nature and extent of the risks in the performance of such services; and
- (b) a contractor or sub-contractor shall be regarded as having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to an employee of its in connection with clinical services which that employee provides under the agreement or, as the case may be, sub-contract.
Public liability insurance
80
- (1) The contractor shall at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the agreement which are not covered by an indemnity arrangement referred to in paragraph 79(1).
- (2) In this paragraph, “indemnity arrangement” has the same meaning as in paragraph 79.
Gifts
81
- (1) The contractor shall keep a register of gifts which are given to any of the persons specified in sub-paragraph (2) by or on behalf of—
- (a) a patient;
- (b) a relative of a patient; or
- (c) any person who provides or wishes to provide services to the contractor or its patients in connection with the agreement,
and have, in its reasonable opinion, an individual value of more than £100.00.
- (2) The persons referred to in sub-paragraph (1) are—
- (a) the contractor;
- (b) where the agreement is with a dental corporation, a director, chief executive or secretary of the corporation;
- (ba) where the agreement is with a company limited by shares, a director, chief executive or secretary of the company;
- (bb) where the agreement is with a limited liability partnership, a member of the partnership;
- (c) any person employed by the contractor for the purposes of the agreement;
- (d) any dental practitioner engaged by the contractor for the purposes of the agreement;
- (e) any spouse or civil partner of a contractor (where the contractor is an individual) or of a person specified in paragraphs (b) to (d); or
- (f) any person whose relationship with the contractor (where the contractor is an individual) or with a person specified in paragraphs (b) to (d) has the characteristics of the relationship between husband and wife or civil partners.
- (3) Sub-paragraph (1) does not apply where—
- (a) there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the contractor;
- (b) the contractor is not aware of the gift; or
- (c) in a case falling within sub-paragraph (1)(c), the contractor is not aware that the donor wishes to provide services to the contractor.
- (4) The contractor shall take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1) and which are given to any of the persons specified in sub-paragraph (2)(b) to (2)(f).
- (5) The register referred to in sub-paragraph (1) shall include the following information—
- (a) the name of the donor;
- (b) in a case where the donor is a patient, the patient's National Health Service number or, if the number is not known, his address;
- (c) in any other case, the address of the donor;
- (d) the nature of the gift;
- (e) the estimated value of the gift; and
- (f) the name of the person or persons who received the gift.
- (6) The contractor shall make the register available to NHS England on request.
Compliance with legislation and guidance
82
The contractor shall—
- (a) comply with all relevant legislation; and
- (b) have regard to all relevant guidance issued by NHS England and the Secretary of State.
Third party rights
83
The agreement shall not create any right enforceable by any person not a party to it.
Signing of documents
84
- (1) In addition to any other requirements relating to such documents whether in these Regulations or otherwise, the contractor shall ensure that the documents specified in paragraph (2) include—
- (a) the name and clinical profession of the professional who signed the document; and
- (b) the name of the contractor on whose behalf it is signed.
- (2) The documents referred to in sub-paragraph (1) are—
- (a) forms that are required to be completed pursuant to these Regulations, where such forms require a signature;
- (b) prescription forms; and
- (c) any other clinical documents.
SCHEDULE 4 — PATIENT INFORMATION LEAFLET
A patient leaflet shall include—
1
The name of the party or parties comprising the contractor.
2
In the case of an agreement with a dental corporation—
- (a) the names of the directors, chief executive and secretary of that corporation, in so far as those positions exist in relation to the dental corporation; and
- (b) the address of the corporation's registered office.
3
The full name of each person performing services under the agreement.
4
In the case of each person performing dental services under the agreement, his professional qualifications.
5
Whether the contractor undertakes the teaching or training of persons who provide dental services or who intend to do so.
6
The address of each of the practice premises.
7
The contractor's telephone and fax numbers and the address of its website (if any).
8
Whether the practice premises have suitable access for disabled patients and, if not, the alternative arrangements for providing services to such patients.
9
How to request services as a patient.
10
The rights of a patient to express a preference of practitioner in accordance with paragraph 2 of Schedule 3 and the means of expressing such a preference.
11
The services available under the agreement.
12
The normal surgery days and hours of the practice.
13
The arrangements for dental services for the hours and days that fall outside normal surgery hours (whether or not provided by the contractor) and how the patient may contact such services.
14
If the services in paragraph 13 are not provided by the contractor, the fact that NHS England referred to in paragraph 20 is responsible for commissioning the services.
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
How patients may make a complaint or comment on the provision of services.
17
The rights and responsibilities of the patient, including keeping appointments.
18
The action that may be taken where a patient is violent or abusive to the contractor, its staff, persons present on the practice premises or in the place where treatment is provided under the agreement or other persons specified in paragraph 3(2) of Schedule 3.
19
Details of who has access to patient information (including information from which the identity of the individual can be ascertained) and the patient's rights in relation to disclosure of such information.
20
The name, postal and website address and telephone number of NHS England with which the contractor is a party to the agreement.
21
The full name, postal, email and website address, and telephone number of NHS England.
SCHEDULE 5 — MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
Signed by authority of the Secretary of State for Health
Rosie Winterton — Minister of State, — Department of Health — 2005-12-07
Explanatory note
(This note is not part of the Regulations)
Footnotes
1977 c. 49; section 28D was inserted by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”); and is amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 65(1) and Schedule 4, paragraphs 4 and 16(a); the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 4(3), Schedule 3, paragraph 7(3); and the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”), section 177(1) to (6) and section 184 and Schedule 11, paragraph 15. Section 28E is inserted by section 22(1) of the 1997 Act; and amended by the 1999 Act, section 65(2) and Schedule 5; the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 27(5)(a); the 2002 Act, section 4(3) and Schedule 3, paragraph 8; and the 2003 Act, section 177(7) to (11). Section 126(4) is amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); the 1999 Act, Schedule 4, paragraph 37(6); and the 2001 Act, Schedule 5, paragraph 5(13)(b). See section 128(1) of the Act as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”.
As regards Wales, the functions of the Secretary of State under sections 28D, 28E and 126(4) of the Act and section 4 of the 1990 Act were transferred to Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5) and as read with section 40(1) of the 2002 Act and section 197(1) of the 2003 Act.
S.I. 1986/887; relevant amending instrument is S.I. 2002/1671.
Section 28X was inserted into the Act by section 179(1) of the 2003 Act.
Section 16CB was inserted into the Act by section 171(1) of the 2003 Act.
1984 (c. 24) amended by section 41(1) of, and Schedule 2 paragraph 62 to, the 1997 Act, sections 31 and 37 of, and Schedule 9 to, the 2002 Act, section 187 of, and Schedule 12 to, the 2003 Act and S.I. 1987/2047, 1991/1705, 1996/1496, 1998/811 and 2840, 2001/3926, 2002/3135, 2003/833, 2004/1947 and 2005/2011.
Section 14 of the Dentists Act 1984 is prospectively substituted by the Dentists Act Order, article 6.
Schedule 12ZA was inserted into the Act by section 183(2) of the 2003 Act.
Section 49S was inserted into the Act by section 27(1) of the 2001 Act.
S.I 2005/ .
Section 28M was inserted into the Act by section 172(1) of the 2003 Act.
Section 4(2) was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 68, the Health Act 1999 (c. 8), Schedule 4, paragraph 76(a) and Schedule 5, the 2002 Act, Schedule 1, paragraph 40 and Schedule 5, paragraph 31.
Section 41 of the Act was substituted by the 2001 Act, section 42(1) and amended by the 2002 Act, section 2(5) and Schedule 3, paragraphs 1 and 13, by the 2003 Act, section 184 and Schedule 11, paragraphs 7 and 18(1), (2) and (3) and by S.I. 2003/1590, article 3 and the Schedule, paragraph 3.
Section 49N was inserted into the Act by section 25 of the 2001 Act. Section 28X was inserted by section 179 of the 2003 Act.
S.I. 2001/3744 amended by S.I. 2002/2469.
S.I. 2005/.
Section 46 was revoked by the 2001 Act, section 67, Schedule 5, paragraph 5 and Schedule 6, Part 1.
See S.I. 2001/3738, article 2(5) and (6)(b), which sets out the prescribed cases for England and S.I. 2002/1919, article 2(2) and (3)(b), which sets out the prescribed cases for Wales.
Section 28X was inserted into the Act by section 179(1) of the 2003 Act.
Section 39 is amended by sections 1 and 2 of, paragraph 52 of Schedule 1 to, the Health Services Act 1980 (c. 53); sections 1 and 24 of, Schedule 9 to, the Health and Social Security Act 1984 (c. 48); section 9 of the 1999 Act; section 20 of the 2001 Act; and section 2 of, paragraphs 1 and 12 of Schedule 2 to, the 2002 Act. Section 42 is amended by section 3 of the National Health Service (Amendment) Act 1986 (c. 66); section 2 of, paragraph 30 of Schedule 1 to, the Health Authorities Act 1995 (c. 17); sections 20, 23, 43 and 67 of, Schedule 6 to, the 2001 Act; and section 2 of, paragraphs 1 and 16 of Schedule 2 to, the 2002 Act. Section 43 is amended by section 21 to the Health Services Act 1980; section 66 of, paragraph 18 of Schedule 9 to, the 1990 Act; section 2 of, paragraph 31 of Schedule 1 to, the Health Authorities Act 1995; sections 29 and 41 of, paragraph 14 of Schedule 2 to, the 1997 Act; section 1 of, paragraph 6 of Schedule 1 to, the Pharmacists (Fitness to Practice) Act 1997 (c. 19); section 20 of the 2001 Act; sections 2 and 42 of, paragraphs 1 and 17 of Schedule 2 to, the 2002 Act; and section 184 of, paragraphs 7 and 19 of Schedule 11 to, the 2003 Act.
Section 43D was inserted into the Act by section 24 of the 2001 Act.
Sections 29 and 36 were repealed by sections 175(2) and 196 of, and Schedule 14 Part 4 to, the 2003 Act.
1997 c. 46. Section 8ZA was inserted into this Act by section 26(2) of the Health and Social Care Act 2001 and repealed by section 196 and Schedule 14 Part 4 to the 2003 Act.
Section 36B is prospectively inserted into the Dentists Act 1984 by article 29 of the Dentists Act Order.
A “qualifying body” is defined in section 28D(2) of the Act.
Section 49F was inserted into the Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 2, paragraph 21 and the 2003 Act, Schedule 14, Part 2.
1933 c. 12; as amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1), Schedule 10, paragraph 2; the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 7; the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 8 and Schedule 16, paragraph 16; and the Sexual Offences Act 1956 (c. 69), sections 48 and 51 and Schedules 3 and 4; and modified by the Criminal Justice Act 1988, section 170(1), Schedule 15, paragraph 9.
1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c. 40).
1986 c. 46 as amended by the Insolvency Act 2000 (c. 39).
Section 17 of the Act was substituted by the Health Act 1999 (c. 8), section 12(1), and amended by the 2001 Act, section 67(1) and Schedule 5, paragraph 5(1) and (3) and the 2002 Act, section 1(3) and Schedule 1, paragraph 7. Section 28E(3A) was inserted by section 177(8) of the 2003 Act.
Section 28M was inserted into the Act by section 172(1) of the 2003 Act.
The Standing Dental Advisory Committee is a statutory body established under section 6 of the Act. A copy of the Report can be obtained at www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/PublicationsPolicyAndGuidanceArticle.
The Development of an Index for Orthodontic Treatment Priority: European Journal of Orthodontics 11, p.309-332, 1989 Brooke PH and Shaw WC.The article is available at www.dh.gov.uk.
European Journal of Orthodontics 14, p125-139, 1992 Richmond S, Shaw W.C, Anderson M and Roberts C.T. The article is available at www.dh.gov.uk.
Clinical Outcome Monitoring Program – Version 3.1 for Windows 98, XP and 2000. See also Weerakone S and Dhopatkar “A: Clinical Outcome Monitoring Program (COMP): a new application for use in orthodontic audits and research”, American Journal of Orthodontics and Dentofacial Orthopaedics 2003;123: 503-511.
Richmond, O'Brien, Buchanan and Burden, 1992, Victoria, University of Manchester, ISBN 1-898922-00-4.
A description of this methodology can be found in the European Journal or Orthodontics 14, p180-187, 1992, Richmond S, Shaw WC, Roberts CT and Andrews M: “Methods to determine the outcome of orthodontic treatment in terms of improvement and standards”.
The National Institute for Clinical Excellence is established as a Special Health Authority under section 11 of the Act.
This guidance is available from NICE’s website, www.nice.org.uk.
http://www.gdc-uk.org/News+publications+and+events/Publications/Guidance+documents?Standards+for+dental+professionals.htm.
The term dental practitioner is defined in section 128 of the Act as a person registered in the dentists register under the Dentists Act.
Section 36A is prospectively inserted into the Dentists Act by article 29 of the Dentists Act Order.
S.I. 1986/887; relevant amending instruments are S.I. 1999/3460 and 2002/1671.
Section 36B is prospectively inserted into the Dentists Act by article 29 of the Dentists Act Order.
Section 16CA was inserted into the Act by section 170 of the 2003 Act.
Section 19A was inserted by the Health and Social Care Act 2001 (c. 15), section 12.
1970 c. 42; section 1 was amended by the Local Government Act 1972 (c. 70), section 195; and by the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 7.
Where the dispute relates to a contract which is an NHS contract, section 4(5) of the 1990 Act applies.
Section 49F was inserted into the Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 3, paragraph 21; and the 2003 Act, Schedule 14, Part 2.
1933 c. 12; as amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1), Schedule 10, paragraph 2; the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 7; the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 8 and Schedule 16, paragraph 16; and the Sexual Offences Act 1956 (c. 69), sections 48 and 51 and Schedules 3 and 4; as modified by the Criminal Justice Act 1988, section 170(1), Schedule 15, paragraph 9.
1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 3 to, the Enterprise Act 2002 (c. 40).
Schedule B1 was inserted by section 248 of, and Schedule 16 to, the Enterprise Act 2002.
1986 c. 46; as amended by the Insolvency Act 2000 (c. 39).
Section 43 of the Dentists Act 1984 is substituted by the Dentists Act Order 2005, article 39.
Section 43B is inserted into, and section 44 is, substituted by the Dentists Act Order, article 39.
A patient leaflet shall include—
Editorial notes
1977 c. 49; section 28D was inserted by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”); and is amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 65(1) and Schedule 4, paragraphs 4 and 16(a); the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 4(3), Schedule 3, paragraph 7(3); and the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”), section 177(1) to (6) and section 184 and Schedule 11, paragraph 15. Section 28E is inserted by section 22(1) of the 1997 Act; and amended by the 1999 Act, section 65(2) and Schedule 5; the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 27(5)(a); the 2002 Act, section 4(3) and Schedule 3, paragraph 8; and the 2003 Act, section 177(7) to (11). Section 126(4) is amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); the 1999 Act, Schedule 4, paragraph 37(6); and the 2001 Act, Schedule 5, paragraph 5(13)(b). See section 128(1) of the Act as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”.
As regards Wales, the functions of the Secretary of State under sections 28D, 28E and 126(4) of the Act and section 4 of the 1990 Act were transferred to Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5) and as read with section 40(1) of the 2002 Act and section 197(1) of the 2003 Act.
S.I. 1986/887; relevant amending instrument is S.I. 2002/1671.
Section 16CB was inserted into the Act by section 171(1) of the 2003 Act.
1984 (c. 24) amended by section 41(1) of, and Schedule 2 paragraph 62 to, the 1997 Act, sections 31 and 37 of, and Schedule 9 to, the 2002 Act, section 187 of, and Schedule 12 to, the 2003 Act and S.I. 1987/2047, 1991/1705, 1996/1496, 1998/811 and 2840, 2001/3926, 2002/3135, 2003/833, 2004/1947 and 2005/2011.
Section 14 of the Dentists Act 1984 is prospectively substituted by the Dentists Act Order, article 6.
Schedule 12ZA was inserted into the Act by section 183(2) of the 2003 Act.
Section 49S was inserted into the Act by section 27(1) of the 2001 Act.
S.I 2005/ .
Section 28M was inserted into the Act by section 172(1) of the 2003 Act.
Section 4(2) was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 68, the Health Act 1999 (c. 8), Schedule 4, paragraph 76(a) and Schedule 5, the 2002 Act, Schedule 1, paragraph 40 and Schedule 5, paragraph 31.
Section 41 of the Act was substituted by the 2001 Act, section 42(1) and amended by the 2002 Act, section 2(5) and Schedule 3, paragraphs 1 and 13, by the 2003 Act, section 184 and Schedule 11, paragraphs 7 and 18(1), (2) and (3) and by S.I. 2003/1590, article 3 and the Schedule, paragraph 3.
Section 49N was inserted into the Act by section 25 of the 2001 Act. Section 28X was inserted by section 179 of the 2003 Act.
S.I. 2001/3744 amended by S.I. 2002/2469.
S.I. 2005/ .
Section 46 was revoked by the 2001 Act, section 67, Schedule 5, paragraph 5 and Schedule 6, Part 1.
See S.I. 2001/3738, article 2(5) and (6)(b), which sets out the prescribed cases for England and S.I. 2002/1919, article 2(2) and (3)(b), which sets out the prescribed cases for Wales.
Section 28X was inserted into the Act by section 179(1) of the 2003 Act.
Section 39 is amended by sections 1 and 2 of, paragraph 52 of Schedule 1 to, the Health Services Act 1980 (c. 53); sections 1 and 24 of, Schedule 9 to, the Health and Social Security Act 1984 (c. 48); section 9 of the 1999 Act; section 20 of the 2001 Act; and section 2 of, paragraphs 1 and 12 of Schedule 2 to, the 2002 Act. Section 42 is amended by section 3 of the National Health Service (Amendment) Act 1986 (c. 66); section 2 of, paragraph 30 of Schedule 1 to, the Health Authorities Act 1995 (c. 17); sections 20, 23, 43 and 67 of, Schedule 6 to, the 2001 Act; and section 2 of, paragraphs 1 and 16 of Schedule 2 to, the 2002 Act. Section 43 is amended by section 21 to the Health Services Act 1980; section 66 of, paragraph 18 of Schedule 9 to, the 1990 Act; section 2 of, paragraph 31 of Schedule 1 to, the Health Authorities Act 1995; sections 29 and 41 of, paragraph 14 of Schedule 2 to, the 1997 Act; section 1 of, paragraph 6 of Schedule 1 to, the Pharmacists (Fitness to Practice) Act 1997 (c. 19); section 20 of the 2001 Act; sections 2 and 42 of, paragraphs 1 and 17 of Schedule 2 to, the 2002 Act; and section 184 of, paragraphs 7 and 19 of Schedule 11 to, the 2003 Act.
Section 43D was inserted into the Act by section 24 of the 2001 Act.
Sections 29 and 36 were repealed by sections 175(2) and 196 of, and Schedule 14 Part 4 to, the 2003 Act.
1997 c. 46. Section 8ZA was inserted into this Act by section 26(2) of the Health and Social Care Act 2001 and repealed by section 196 and Schedule 14 Part 4 to the 2003 Act.
Section 36B is prospectively inserted into the Dentists Act 1984 by article 29 of the Dentists Act Order.
Section 49F was inserted into the Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 2, paragraph 21 and the 2003 Act, Schedule 14, Part 2.
1933 c. 12; as amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1), Schedule 10, paragraph 2; the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 7; the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 8 and Schedule 16, paragraph 16; and the Sexual Offences Act 1956 (c. 69), sections 48 and 51 and Schedules 3 and 4; and modified by the Criminal Justice Act 1988, section 170(1), Schedule 15, paragraph 9.
1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c. 40).
1986 c. 46 as amended by the Insolvency Act 2000 (c. 39).
Section 17 of the Act was substituted by the Health Act 1999 (c. 8), section 12(1), and amended by the 2001 Act, section 67(1) and Schedule 5, paragraph 5(1) and (3) and the 2002 Act, section 1(3) and Schedule 1, paragraph 7. Section 28E(3A) was inserted by section 177(8) of the 2003 Act.
Section 28M was inserted into the Act by section 172(1) of the 2003 Act.
The Standing Dental Advisory Committee is a statutory body established under section 6 of the Act. A copy of the Report can be obtained at www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/PublicationsPolicyAndGuidanceArticle.
The Development of an Index for Orthodontic Treatment Priority: European Journal of Orthodontics 11, p.309-332, 1989 Brooke PH and Shaw WC.The article is available at www.dh.gov.uk.
European Journal of Orthodontics 14, p125-139, 1992 Richmond S, Shaw W.C, Anderson M and Roberts C.T. The article is available at www.dh.gov.uk.
Clinical Outcome Monitoring Program – Version 3.1 for Windows 98, XP and 2000. See also Weerakone S and Dhopatkar “A: Clinical Outcome Monitoring Program (COMP): a new application for use in orthodontic audits and research”, American Journal of Orthodontics and Dentofacial Orthopaedics 2003;123: 503-511.
Richmond, O'Brien, Buchanan and Burden, 1992, Victoria, University of Manchester, ISBN 1-898922-00-4.
A description of this methodology can be found in the European Journal or Orthodontics 14, p180-187, 1992, Richmond S, Shaw WC, Roberts CT and Andrews M: “Methods to determine the outcome of orthodontic treatment in terms of improvement and standards”.
The National Institute for Clinical Excellence is established as a Special Health Authority under section 11 of the Act.
This guidance is available from NICE's website, www.nice.org.uk.
http://www.gdc-uk.org/News+publications+and+events/Publications/Guidance+documents?Standards+for+dental+professionals.htm.
Section 36A is prospectively inserted into the Dentists Act by article 29 of the Dentists Act Order.
S.I. 1986/887; relevant amending instruments are S.I. 1999/3460 and 2002/1671.
Section 36B is prospectively inserted into the Dentists Act by article 29 of the Dentists Act Order.
Section 16CA was inserted into the Act by section 170 of the 2003 Act.
1970 c. 42; section 1 was amended by the Local Government Act 1972 (c. 70), section 195; and by the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 7.
Where the dispute relates to a contract which is an NHS contract, section 4(5) of the 1990 Act applies.
Section 49F was inserted into the Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 3, paragraph 21; and the 2003 Act, Schedule 14, Part 2.
1933 c. 12; as amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1), Schedule 10, paragraph 2; the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 7; the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 8 and Schedule 16, paragraph 16; and the Sexual Offences Act 1956 (c. 69), sections 48 and 51 and Schedules 3 and 4; as modified by the Criminal Justice Act 1988, section 170(1), Schedule 15, paragraph 9.
1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 3 to, the Enterprise Act 2002 (c. 40).
Schedule B1 was inserted by section 248 of, and Schedule 16 to, the Enterprise Act 2002.
1986 c. 46; as amended by the Insolvency Act 2000 (c. 39).
Section 43 of the Dentists Act 1984 is substituted by the Dentists Act Order 2005, article 39.
Section 43B is inserted into, and section 44 is, substituted by the Dentists Act Order, article 39.
Sch. 3 para. 13 modified (3.1.2006) by The General Dental Services and Personal Dental Services Transitional Provisions Order 2005 (S.I. 2005/3435), arts. 1(1), 24
Word in reg. 2(1) omitted (1.4.2006) by virtue of The National Health Service (General Dental Services Contracts and Personal Dental Services Agreements) Amendment Regulations 2006 (S.I. 2006/563), regs. 1(1), 3
Words in Sch. 4 para. 13 substituted (1.4.2006) by The National Health Service (General Dental Services Contracts and Personal Dental Services Agreements) Amendment Regulations 2006 (S.I. 2006/563), regs. 1(1), 5(2)
Sch. 2 Pt. 1 Table B: entry added (1.4.2007) by The National Health Service (Dental Charges, General Dental Services Contracts and Personal Dental Services Agreements) Amendment Regulations 2007 (S.I. 2007/544), regs. 1(1), 5(a)
Sch. 2 Pt. 1 Table B: entry added (1.4.2007) by The National Health Service (Dental Charges, General Dental Services Contracts and Personal Dental Services Agreements) Amendment Regulations 2007 (S.I. 2007/544), regs. 1(1), 5(b)
Sch. 3 para. 37 omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(a)
Words in Sch. 3 para. 44(3) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(b)(i)
Words in Sch. 3 para. 44(3)(a) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(b)(ii)
Sch. 3 para. 45 omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(c)
Words in Sch. 3 para. 44(3)(a) substituted (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 1(1)(b), Sch. 5 para. 18(a)
Words in Sch. 3 para. 51(1)(a)(ii) substituted (1.4.2009) by The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (S.I. 2009/309), reg. 1(2), Sch. para. 6(3)(b)(i) (with Sch. para. 8)
Words in Sch. 3 para. 51(2) added (1.4.2009) by The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (S.I. 2009/309), reg. 1(2), Sch. para. 6(3)(b)(ii) (with Sch. para. 8)
Sch. 3 Pt. 5A inserted (1.4.2009) by The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (S.I. 2009/309), reg. 1(2), Sch. para. 6(2) (with Sch. para. 8)
Words in reg. 2(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 102
Words in reg. 7 substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 103(a)
Words in reg. 7 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 103(b)
Words in reg. 21(8) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 104
Sch. 3 para. 46 substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 19
Words in reg. 2 inserted (1.6.2011) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1182), regs. 1, 10
Sch. 3 para. 1(4)(a) substituted (1.6.2011) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1182), regs. 1, 15(2)
Words in Sch. 3 para. 63(1) substituted (1.6.2011) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1182), regs. 1, 15(3)(a)
Words in Sch. 3 para. 63(1)(a) substituted (1.6.2011) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1182), regs. 1, 15(3)(b)
Words in Sch. 3 para. 63(2) substituted (1.4.2012) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/502), regs. 1, 3
Words in reg. 4(3)(g)(i) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(2)(a)(i) (with art. 7)
Words in reg. 4(3)(g)(i) omitted (1.10.2012) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(2)(a)(ii) (with art. 7)
Words in reg. 4(3)(g)(i) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(2)(a)(iii) (with art. 7)
Words in reg. 4(3)(g)(ii) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(2)(b) (with arts. 7, 8)
Words in Sch. 3 para. 69(2)(h)(i) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(a)(i) (with art. 7)
Words in Sch. 3 para. 69(2)(h)(i) omitted (1.10.2012) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(a)(ii) (with art. 7)
Words in Sch. 3 para. 69(2)(h)(i) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(a)(iii) (with art. 7)
Words in Sch. 3 para. 69(2)(h)(ii) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(b) (with arts. 7, 8)
Sch. 2 Pt. 1 Table B: entry omitted (1.11.2012) by virtue of The National Health Service (Primary Dental Services) (Amendments Related to Units of Dental Activity) Regulations 2012 (S.I. 2012/2273), regs. 1, 3(a)
Sch. 2 Pt. 1 Table B: entry omitted (1.11.2012) by virtue of The National Health Service (Primary Dental Services) (Amendments Related to Units of Dental Activity) Regulations 2012 (S.I. 2012/2273), regs. 1, 3(b)
Words in reg. 2(1) inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(a) (with Sch. 2)
Words in reg. 2(1) inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(c) (with Sch. 2)
Words in reg. 2(1) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(d) (with Sch. 2)
Words in reg. 2(1) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(f) (with Sch. 2)
Words in reg. 2(1) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(h) (with Sch. 2)
Words in reg. 2(1) inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(j) (with Sch. 2)
Words in reg. 2(1) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(k) (with Sch. 2)
Words in reg. 2(1) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 23(2)(l) (with Sch. 2)
Reg. 3 substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 24 (with Sch. 2)
Reg. 4(2) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 25(3) (with Sch. 2)
Words in reg. 4(3)(a) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 25(4)(a) (with Sch. 2)
Words in reg. 4(3)(i)(ii) inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 25(4)(b) (with Sch. 2)
Reg. 4(4) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 25(5) (with Sch. 2)
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