The National Health Service (Personal Dental Services Agreements) Regulations 2005

must be calculated on the basis of the components of the course of treatment which each contractor actually provides, notwithstanding that the treatment constitutes a single banded course of treatment for charging purposes.

• (5) Where the contractor provides a charge exempt course of treatment, for the purposes of the prototype agreement the contractor provides the number of units of dental activity specified in the appropriate row of Table C.

• (6) For the purposes of this paragraph, “Blend A prototype agreement” and “Blend B prototype agreement” have the same meaning as in the Prototype SFE.

• (7) This Schedule does not apply where the contractor is a CDS prototype contractor.

Notification provisions specific to prototype agreements

43A

Where the contractor has elected to enter into a prototype agreement, except for CDS prototype contractors, the contractor shall—

• (a) send to NHS England details of any private treatment provided to a capitated patient attending the practice, in electronic form, whether or not this treatment is associated with services that are provided under the prototype agreement; and

• (b) provide to all patients attending for treatment at its practice a privacy notice in a form approved by NHS England notifying them about the obligation referred to in sub-paragraph (a).

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

Publication of information about earnings

17A

• (1) Using the information that it has obtained to make the payments to contractors mentioned in regulation 17(1)(a), NHS England must publish the information specified in paragraph (2).

• (2) The information specified in this paragraph is, in respect of each agreement—

• (a) the number of dental performers who during the previous financial year performed services under the agreement;

• (b) a figure representing the aggregate net pensionable earnings in respect of the previous financial year of those dental performers under the agreement, taking into account the amount by which the employing authority of those performers would reduce those earnings to take account of expenses; and

• (c) an average figure of net pensionable earnings of each performer based on the figures referred to in sub-paragraphs (a) and (b).

• (3) In relation to the financial year ending on 31st March 2015, the information specified in paragraph (2) must be published by 31st May 2016; and for each subsequent financial year, it must be published before the end of the financial year following the financial year to which the information relates.

• (4) The NHSBSA is directed to perform NHS England’s functions under this regulation, and must publish the information on its website in such form and such manner as it sees fit.

• (5) For the purposes of this regulation, net pensionable earnings are to be calculated in accordance with paragraph 3(2B) (meaning of pensionable earnings) of Schedule 2 (medical and dental practitioners) to the National Health Service Pension Scheme Regulations 1995, regulation 3.A.7(4) (meaning of pensionable earnings) of the National Health Service Pension Scheme Regulations 2008 and paragraph 3 (dental practitioner) of Schedule 10 (practitioner income) to the National Health Service Pension Scheme Regulations 2015.

• (6) For the purposes of this regulation—

• “dental performer” means a dental practitioner whose name is included in the dental performers list;

• “employing authority” has the meaning given in—regulation A2 (interpretation) of the National Health Service Pension Scheme Regulations 1995;regulation 2.A.1 (interpretation: general) of the National Health Service Pension Scheme Regulations 2008; andregulation 33(6) (contributions by employing authorities) of the National Health Service Pension Scheme Regulations 2015; and

• “the NHSBSA” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG).

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 prototype agreement

Suspension of agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.

20D

• (1) Any term that is part of an agreement (including a prototype agreement) as a consequence of action taken under this Part or by agreement between the parties is temporarily not part of that agreement, in the particular circumstances mentioned in sub-paragraph (c)(ii) and during the period mentioned in sub-paragraph (c)(iii), in the following circumstances—

• (a) as a consequence of a disease being, or in anticipation of a disease being imminently—

• (i) pandemic, and

• (ii) a serious risk or potentially a serious risk to human health,

NHS England with the agreement of the Secretary of State has made an announcement in respect of the prioritisation of services to be provided in, or in any part of, England as part of the health service;

• (b) the prioritisation is in order to assist in the management of the serious risk or potentially serious risk to human health;

• (c) as part of the announcement, NHS England with the agreement of the Secretary of State has issued advice to the effect that contractors are not to comply with a specified type of term of personal dental services agreements (including prototype agreements)—

• (i) in the area to which the announcement relates,

• (ii) in the particular circumstances specified in the announcement, and

• (iii) during the period specified in the announcement; and

• (d) the contractor is situated in the area to which the announcement relates and compliance with the term (it being of the specified type) would, but for the effect of this paragraph, be a requirement of the contractor’s agreement.

• (2) NHS England must not take enforcement action, as provided for in an agreement (including a prototype agreement), in respect of a breach of a term of the agreement in the following circumstances—

• (a) as a consequence of a disease being, or in anticipation of a disease being imminently—

• (i) pandemic, and

• (ii) a serious risk or potentially a serious risk to human health,

NHS England with the agreement of the Secretary of State has made an announcement in respect of the prioritisation of services to be provided in, or in any part of, England as part of the health service;

• (b) the prioritisation is in order to assist in the management of the serious risk or potentially serious risk to human health;

• (c) as part of the announcement, NHS England with the agreement of the Secretary of State has issued advice to the effect that contractors need not comply with a specified type of term of personal dental services agreements (including prototype agreements)—

• (i) in the area to which the announcement relates,

• (ii) in the particular circumstances specified in the announcement, and

• (iii) during the period specified in the announcement; and

• (d) the contractor—

• (i) is situated in the area to which the announcement relates, and

• (ii) has not complied with the term (it being of the specified type) in the particular circumstances mentioned in sub-paragraph (c)(ii) and during the period mentioned in sub-paragraph (c)(iii).

PART 1A — Band 2 courses of treatment – sub-bands

Sub-band 2a treatments

2A

The following Band 2 courses of treatments are within sub-band 2a—

• (a) non-surgical periodontal treatment including root-planing, deep scaling, irrigation of periodontal pockets and subgingival curettage and all necessary scaling and polishing;

• (b) surgical periodontal treatment, including gingivectomy, gingivoplasty or removal of an operculum;

• (c) surgical periodontal treatment, including raising and replacement of a mucoperiostal flap, curettage, root planing and bone resection;

• (d) free gingival grafts;

• (e) sealant restorations;

• (f) pulpotomy;

• (g) apicectomy;

• (h) transplantation of teeth;

• (i) oral surgery including surgical removal of cyst, buried root, unerupted tooth, impacted tooth or exostosed tooth and alveolectomy;

• (j) soft tissue surgery in relation to the buccal cavity and lips;

• (k) frenectomy, frenoplasty and frenotomy;

• (l) relining and rebasing dentures including soft linings;

• (m) addition of tooth, clasp, labial or buccal flange to dentures;

• (n) splints (other than laboratory fabricated splints) in relation to periodontally compromised teeth and in connection with external trauma;

• (o) bite raising appliances (other than laboratory fabricated appliances);

• (p) permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention, if delivered to less than 3 teeth in single course of treatment;

• (q) extraction of one or two teeth; and

• (r) endodontic treatment of any retained deciduous teeth.

Sub-band 2b treatments

2B

The following Band 2 courses of treatments are within sub-band 2b—

• (a) permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention, if delivered to 3 or more teeth in single course of treatment;

• (b) endodontic treatment of any permanent teeth, excluding molar teeth; and

• (d) extraction of three or more teeth.

Sub-band 2c treatments

2C

The Band 2 course of treatment within sub-band 2c is endodontic treatment of permanent molar teeth.

Information about the contractor’s practice

35A

• (1) The contractor must ensure that a comprehensive and accurate profile in respect of its practice is provided to NHS England for the purpose of display on the NHS.uk website.

• (2) The contractor must review the information contained in the profile referred to in paragraph (1) at least once in every period of 90 days from the date the profile is provided in accordance with paragraph (1).

• (3) If, on such a review, it appears to the contractor that any of that information is inaccurate or incomplete, the contractor must provide NHS England with an updated profile in respect of its practice.

Provision of and access to information: the Board

Requests for information from Patients' Forums

Inquiries about prescriptions and referrals

Notification of a course of treatment, orthodontic course of treatment etc.

Annual report and review

Notifications to the Board

Notice provisions specific to an agreement with a limited liability partnership

Notifications to patients following a variation of the agreement

Notification provisions specific to prototype agreements

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

Variation of an agreement: rebasing for persistent under performance

61A

• (1) In this paragraph—

• “contracted activity” means the number of units of dental activity or units of orthodontic activity the contractor is required to provide under the agreement,

• “Covid years” means the financial years ending on 31st March 2021 and 31st March 2022,

• “rebasing” means a permanent variation of the agreement pursuant to sub-paragraph (2) and “rebase” is to be read accordingly,

• “rebasing date” means the date, notified by NHS England under a rebasing notice, from which the rebasing takes effect,

• “rebasing notice” means a notice in writing sent by NHS England to the contractor, notifying the contractor of the wording of a proposed rebasing and the rebasing date,

• “relevant financial years” means any three consecutive financial years, save for the Covid years, which—are not before the financial year ending on 31st March 2020, andimmediately precede the financial year in which the rebasing notice is served on the contractor.

• (2) If all the conditions in sub-paragraph (3) are met, NHS England may rebase the agreement to—

• (a) reduce the contracted activity, and

• (b) carry out any related variations of the agreement, including in relation to the monies to be paid to the contractor under the agreement,

but the rebasing must not result in the contracted activity being reduced to less than the highest number of units of dental or orthodontic activity provided by the contractor in any one of the relevant financial years.

• (3) The conditions referred to in sub-paragraph (2) are—

• (a) in respect of each relevant financial year—

• (i) NHS England invited the contractor to participate in a mid-year review of its performance under the agreement, pursuant to paragraph 58(5)(b), whether the contractor has engaged with this procedure or not,

• (ii) the contractor provided less than 96% of contracted activity,

• (iii) there have not been force majeure circumstances under the agreement, which have caused the under delivery pursuant to sub-paragraph (ii),

• (iv) NHS England issued a breach notice to the contractor by reason of under delivery pursuant to sub-paragraph (ii), which has not been set aside, and no formal dispute is pending in respect of the circumstances that have given rise to the breach notice, and

• (b) NHS England has not been able to agree with the contractor a permanent variation of the agreement under paragraph 61(3).

• (4) If NHS England decides to rebase a contract—

• (a) it must serve a rebasing notice on the contractor and allow a minimum of 28 days, starting with the day the rebasing notice is served on the contractor, before taking any action pursuant to that notice, and

• (b) it must specify in the rebasing notice a rebasing date it considers appropriate, which must be no earlier than 1st April in the financial year immediately following the financial year in which the rebasing notice is served on the contractor.

Termination by agreement

Termination on the death of an individual

Termination by the contractor

Late payment notices

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

Agreement sanctions

Agreement sanctions and the NHS dispute resolution procedure

Termination and the NHS dispute resolution procedure

Provision of and access to information: NHS England

Notifications to NHS England

Entry and inspection by NHS England

Action NHS England can take following a mid-year review

Termination by NHS England: general provisions

Termination by NHS England: notice

Termination by NHS England for the provision of untrue etc. information

Termination by NHS England on grounds of suitability etc.

Termination by NHS England: patient safety and material financial loss

Termination by NHS England: remedial notices and breach notices

Termination by NHS England: additional provisions specific to contracts with dental corporations, companies limited by shares and limited liability partnerships