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

PART 5A — 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 agreement 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

20A

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

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

20B

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

Notifications to the Board

Notice provisions specific to an agreement with a dental corporation

42A

(1) Where a company limited by shares is a party to the agreement, it shall give notice in writing 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); or

(e) changes take place in relation to the ownership of shares in the company.

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

(a) provide the name of any person ceasing to own a share in the company;

(b) provide the name of any new person acquiring a share in the company; and

(c) confirm that following any changes in share ownership, that the company continues to meet the conditions in section 108(1A) of the 2006 Act.

Notice provisions specific to an agreement with a company limited by shares

42B

(1) Where a limited liability partnership is a party to an agreement 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); or

(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 conditions relating to all agreements); and

(b) following the membership changes, that sub-sections 108(1B) or 108(1C) of the 2006 Act continue to apply to the partnership.

Notifications to patients following a variation of the agreement

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 provisions

Termination by the Board: notice

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 dental corporations, companies limited by shares and limited liability partnerships

Duty as to education and training

77A

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 an agreement with a company limited by shares—

(a) whether or not it is a company limited by shares;

(b) the names of the directors, chief executive and secretary of the company, in so far as those positions exist in relation to the company; and

2B

In the case of an agreement with a limited liability partnership—

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

(b) the names of the members of the 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

14A

(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

14B

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 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

14C

(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

20C

(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 agreement 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 13 (units of dental activity);

(b) regulation 15 (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 33(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 an agreement: activity under the agreement), which relate to units of dental activity.

(4) The agreement 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 agreement 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 agreement 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;

(b) in the case of a contractor who held a Capitation and Quality Scheme 2 Agreement but not a Capitation and Quality Scheme Agreement, the Capitation and Quality Scheme 2 Agreement commenced; or

and from which the parties were temporarily released in accordance with paragraph (4), must apply from the day after the date of termination, and all obligations, conditions, payments, rights and liabilities relating to those terms are to be enforceable from that day.

(6) Sub-paragraphs (b) and (d) of paragraph (3) do not apply where the contractor is a CDS prototype contractor.

SCHEDULE 2A — PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY WHERE A CONTRACTOR HAS ELECTED TO ENTER INTO A PROTOTYPE AGREEMENT

1

(1) Where a contractor holding a Blend A prototype agreement provides a banded course of treatment, for the purposes of the agreement the contractor is to be regarded as providing the number of units of dental activity specified in the appropriate row of Table A.

(2) Where a contractor holding a Blend B prototype agreement provides a banded course of treatment, for the purposes of the agreement the contractor is to be regarded as providing the number of units of dental activity specified in the appropriate row of Table B.

(3) Where a banded course of treatment is commenced under a prototype agreement but not completed for whatever reason, the appropriate number of units of dental activity provided is to be calculated on the basis of the components of the course of the treatment which have been —

(a) completed; and

(b) commenced but not completed.

(4) Where a patient is referred by the contractor for advanced mandatory services to another provider of primary dental services, the appropriate number of units of dental activity provided by—

(a) that contractor; and

(b) the other provider of primary dental services, if that provider is also a contractor,

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