The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

• (b) from the coming into force of article 18 of the Dentists Act Order for all purposes—

• (i) suspension by the Health Committee, the Professional Performance Committee or the Professional Conduct Committee under section 27B or 27C of the Dentists Act, except under section 27C(1)(d) (indefinite suspension), following a relevant determination;

• (ii) suspension by the Health Committee, the Professional Performance Committee or the Professional Conduct Committee under section 30(1) of that Act (orders for immediate suspension), or

• (iii) suspension by the Health Committee, the Professional Performance Committee, the Professional Conduct Committee or the Interim Orders Committee under section 32 of that Act (interim orders).

• (7) For the purposes of sub-paragraph (6)(b)(i), a “relevant determination” is a determination that a person’s fitness to practise is impaired based solely on the ground mentioned in—

• (a) section 27(2)(b) of the Dentist Act (deficient professional performance) or

• (b) section 27(2)(c) of that Act (adverse physical or mental health).

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

70

The Local Health Board may serve notice in writing on the contractor terminating the contract forthwith, or from such date as may be specified in the notice if, after the contract has been entered into, it comes to the attention of the Local Health Board that written information provided to the Local Health Board by the contractor—

• (a) before the contract was entered into; or

• (b) pursuant to paragraph 42(2),

in relation to the conditions set out in regulation 4 or 5 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.

Termination by the Local Health Board on grounds of suitability etc.

71

• (1) The Local Health Board may serve notice in writing on the contractor terminating the contract forthwith, or from such date as may be specified in the notice if —

• (a) in the case of a contract with a dental practitioner, that dental practitioner;

• (b) in the case of a contract with two or more individuals practising in partnership, any individual or the partnership; and

• (c) in the case of a contract with a dental corporation—

• (i) the corporation, or

• (ii) any director, chief executive or secretary of the corporation,

falls within sub-paragraph (2) during the existence of the contract or, if later, on or after the date on which a notice in respect of his or her compliance with the conditions in regulation 4 or 5 was given under paragraph 42(2).

• (2) A person falls within this sub-paragraph if—

• (a) he, she or it is the subject of a national disqualification;

• (b) subject to sub-paragraph (3), he, she or it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;

• (c) subject to sub-paragraph (4), he or she has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless before the Local Health Board has served a notice terminating the contract pursuant to this paragraph, he or she is employed by the health service body that dismissed him or her or by another health service body;

• (d) he, she or it is removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act⁶⁶ respectively) unless his or her name has subsequently been included in such a list;

• (e) he or she has been convicted in the United Kingdom of—

• (i) murder, or

• (ii) a criminal offence other than murder, committed on or after 26 August 2002, and has been sentenced to a term of imprisonment of over six months;

• (f) subject to sub-paragraph (5), he or she has been convicted outside the United Kingdom of an offence—

• (i) which would, if committed in England and Wales, constitute murder, or

• (ii) committed on or after 26 August 2002, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;

• (g) he or she has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933⁶⁷ (offences against children and young persons with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995⁶⁸ (offences against children under the age of 17 years to which special provisions apply);

• (h) he, she or it has—

• (i) been made bankrupt or had sequestration of his or her estate awarded or he or she is a person in relation to whom a moratorium period under debt relief order (under Part 7A of the Insolvency Act 1986) applies unless ... he or she has been discharged from the bankruptcy or sequestration or the bankruptcy order has been annulled;

• (ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A , or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB, to the Insolvency Act 1986⁶⁹, unless that order has ceased to have effect or has been annulled;

• (iii) made a composition or arrangement with, or granted a trust deed for, his, her or its creditors unless he, she or it has been discharged in respect of it; or

• (iv) been wound up under Part IV of the Insolvency Act 1986;

• (i) there is—

• (i) an administrator, administrative receiver or receiver appointed in respect of it; or

• (ii) an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986⁷⁰;

• (j) that person is a partnership and—

• (i) a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator; or

• (ii) an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership;

• (k) he or she has been—

• (i) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he or she was responsible or to which he or she was privy, or which he or she by his or her conduct contributed to or facilitated; or

• (ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990⁷¹ (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of any body;

• (l) he or she is subject to a disqualification order under the Company Directors Disqualification Act 1986⁷², the Companies (Northern Ireland) Order 1986⁷³ or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

• (m) he or she has refused to comply with a request by the Local Health Board for him or her to be medically examined on the grounds that it is concerned that he or she is incapable of adequately providing services under the contract and, in a case where the contract is with two or more individuals practising in partnership or with a dental corporation, the Local Health Board is not satisfied that the contractor is taking adequate steps to deal with the matter.

• (3) A Local Health Board will not terminate the contract pursuant to sub-paragraph (2)(b) where the Local Health Board is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be—

• (a) a contractor;

• (b) a partner, in the case of a contract with two or more individuals practising in partnership; or

• (c) in the case of a contract with a dental corporation, a director, chief executive or secretary of the corporation.

• (4) A Local Health Board will not terminate the contract pursuant to sub-paragraph (2)—

• (a) until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

• (b) if, during the period of time specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of his or her dismissal, until proceedings before that tribunal or court are concluded,

and the Local Health Board may only terminate the contract at the end of the period specified in paragraph (b) if there is no finding of unfair dismissal at the end of those proceedings.

• (5) A Local Health Board will not terminate the contract pursuant to sub-paragraph (2)(f) where the Local Health Board is satisfied that the conviction does not make the person unsuitable to be—

• (a) a contractor;

• (b) a partner, in the case of a contract with two or more individuals practising in partnership; or

• (c) in the case of a contract with a dental corporation, a director, chief executive or secretary of the corporation,

as the case may be.

• (6) In this paragraph “health service body” includes a Strategic Health Authority and a Primary Care Trust.

Termination by the Local Health Board: patient safety and material financial loss

72

The Local Health Board may serve notice in writing on the contractor terminating the contract forthwith or with effect from such date as may be specified in the notice if—

• (a) the contractor has breached the contract and as a result of that breach, the safety of the contractor’s patients is at serious risk if the contract is not terminated; or

• (b) the contractor’s financial situation is such that the Local Health Board considers that the Local Health Board is at risk of material financial loss.

Termination by the Local Health Board: remedial notices and breach notices

73

• (1) Where a contractor has breached the contract other than as specified in paragraphs 70 to 72 and the breach is capable of remedy, the Local Health Board will, before taking any action it is otherwise entitled to take by virtue of the contract, serve a notice on the contractor requiring it to remedy the breach (“remedial notice”).

• (2) A remedial notice will specify—

• (a) details of the breach;

• (b) the steps the contractor must take to the satisfaction of the Local Health Board in order to remedy the breach; and

• (c) the period during which the steps must be taken (“the notice period”).

• (3) The notice period will, unless the Local Health Board is satisfied that a shorter period is necessary to—

• (a) protect the safety of the contractor’s patients; or

• (b) protect itself from material financial loss,

be no less than 28 days from the date that notice is given.

• (4) Where a Local Health Board is satisfied that the contractor has not taken the required steps to remedy the breach by the end of the notice period, the Local Health Board may terminate the contract with effect from such date as the Local Health Board may specify in a further notice to the contractor.

• (5) Where a contractor has breached the contract other than as specified in paragraphs 70 to 72 and the breach is not capable of remedy, the Local Health Board may serve notice on the contractor requiring the contractor not to repeat the breach (“breach notice”).

• (6) If, following a breach notice or a remedial notice, the contractor—

• (a) repeats the breach that was the subject of the breach notice or the remedial notice; or

• (b) otherwise breaches the contract resulting in either a remedial notice or a further breach notice,

the Local Health Board may serve notice on the contractor terminating the contract with effect from such date as may be specified in that notice.

• (7) The Local Health Board will not exercise its right to terminate the contract under sub-paragraph (6) unless it is satisfied that the cumulative effect of the breaches is such that the Local Health Board considers that to allow the contract to continue would be prejudicial to the efficiency of the services to be provided under the contract.

• (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, the Local Health Board may withhold or deduct monies which would otherwise be payable under the contract in respect of that obligation which is the subject of the breach.

Termination by the Local Health Board: additional provisions specific to contracts with two or more individuals practising in partnership and dental corporations

74

• (1) Where the contractor is a dental corporation, if the Local Health Board becomes aware that the contractor is carrying on any business which the Local Health Board considers to be detrimental to the contractor’s performance of its obligations under the contract—

• (a) the Local Health Board will be entitled to give notice to the contractor requiring that it 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 the Local Health Board that it has ceased carrying on that business by the end of the notice period, the Local Health Board may, by a further written notice, terminate the contract forthwith or from such date as may be specified in the notice.

• (2) Where the contractor is a dental corporation and on or after the coming into force for all purposes of article 39 of the Dentists Act Order during the existence of the contract—

• (a) the majority of the directors of the dental corporation cease to be either dental practitioners or dental care professionals;

• (b) the dental corporation has been convicted of an offence under section 43(1) of the Dentists Act⁷⁴ (directors of bodies corporate); or

• (c) the dental corporation, or a director or former director of that corporation, has had a financial penalty imposed on it or him or her 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 Act⁷⁵,

the Local Health Board may, by written notice, terminate the contract if it considers that as a consequence the dental corporation is no longer suitable to be a contractor.

• (3) Where the contractor is two or more persons practising in partnership, the Local Health Board will be entitled to terminate the contract by notice in writing on such date as may be specified in that notice where one or more partners have left the practice during the existence of the contract if, in its reasonable opinion, the Local Health Board considers that the change in membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Local Health Board to perform its obligations under the contract.

• (4) A notice given to the contractor pursuant to sub-paragraph (3) will specify—

• (a) the date upon which the contract is to be terminated; and

• (b) the Local Health Board’s reasons for considering that the change in the membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Local Health Board to perform its obligations under the contract.

Contract sanctions

75

• (1) In this paragraph and paragraph 76, “contract sanction” means—

• (a) termination of specified reciprocal obligations under the contract;

• (b) suspension of specified reciprocal obligations under the contract for a period of up to six months; or

• (c) withholding or deducting monies otherwise payable under the contract.

• (2) Where the Local Health Board is entitled to terminate the contract pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74, it may instead impose any of the contract sanctions if the Local Health Board is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to the Local Health Board’s entitlement to terminate the contract.

• (3) The Local Health Board will not, under sub-paragraph (2), be entitled to impose any contract sanction that has the effect of terminating or suspending any obligation to provide, or any obligation that relates to, mandatory services.

• (4) If the Local Health Board decides to impose a contract sanction, it must notify the contractor of the contract 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.

• (5) Subject to paragraph 76, the Local Health Board will not impose the contract sanction until at least 28 days after it has served notice on the contractor pursuant to sub-paragraph (4) unless the Local Health Board 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.

• (6) Where the Local Health Board imposes a contract sanction, the Local Health Board will be entitled to charge the contractor the reasonable costs of additional administration that the Local Health Board has incurred in order to impose, or as a result of imposing, the contract sanction.

Contract sanctions and the NHS dispute resolution procedure

76

• (1) If there is a dispute between the Local Health Board and the contractor in relation to a contract sanction that the Local Health Board is proposing to impose, the Local Health Board will not, subject to sub-paragraph (4), impose the proposed contract sanction except in the circumstances specified in sub-paragraph (2)(a).

• (2) If the contractor refers the dispute relating to the contract sanction to the NHS dispute resolution procedure within 28 days beginning on the date on which the Local Health Board served notice on the contractor in accordance with paragraph 75(4) (or such longer period as may be agreed in writing with the Local Health Board), and notifies the Local Health Board in writing that it has done so, the Local Health Board will not impose the contract sanction unless—

• (a) there has been a determination of the dispute pursuant to paragraph 56 and that determination permits the Local Health Board to impose the contract 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), the Local Health Board will be entitled to impose the contract sanction forthwith.

• (4) If the Local Health Board is satisfied that it is necessary to impose the contract 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,

the Local Health Board will be entitled to impose the contract sanction forthwith, pending the outcome of that procedure.

Termination and the NHS dispute resolution procedure

77

• (1) Where the Local Health Board is entitled to serve written notice on the contractor terminating the contract pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74, the Local Health Board will, in the notice served on the contractor pursuant to those provisions, specify a date on which the contract terminates that is not less than 28 days after the date on which the Local Health Board has served that notice on the contractor unless sub-paragraph (2) applies.

• (2) This sub-paragraph applies if the Local Health Board 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 the exceptions in sub-paragraph (2) do not apply, where the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1), and it notifies the Local Health Board in writing that it has done so, the contract will not terminate at the end of the notice period but instead will only terminate in the circumstances specified in sub-paragraph (4).

• (4) The contract will only terminate if and when—

• (a) there has been a determination of the dispute pursuant to paragraph 56 and that determination permits the Local Health Board to terminate the contract; or

• (b) the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

• (5) If the Local Health Board is satisfied that it is necessary to terminate the contract 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) will not apply and the Local Health Board will be entitled to confirm, by written notice to be served on the contractor, that the contract will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 70, 71, 72, 73(4), 73(6) or 74.

PART 10 — MISCELLANEOUS

Evidence of exemption under the Act

78

• (1) Subject to sub-paragraph (2), the contractor will ensure that it requests, in respect of a person who makes a declaration relating to exemption under paragraph 1(1) of Schedule 12ZA⁷⁶ to the Act evidence in support of that declaration.

• (2) The contractor will 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

79

• (1) The contractor will comply with such clinical governance arrangements as the Local Health Board may establish in respect of contractors providing services under a contract.

• (2) The contractor will nominate a person who manages services under the contract to have responsibility for ensuring compliance with clinical governance arrangements.

• (3) 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

80

• (1) The contractor will establish, and operate a practice based quality assurance system which is applicable to all the persons specified in sub-paragraph (2).

• (2) The specified persons are—

• (a) any dental practitioner who performs services under the contract;

• (b) any other person employed or engaged by the contractor to perform or assist in the performance of services under the contract.

• (3) A contractor will 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

81

• (1) The contractor will at all times have in force in relation to it an indemnity arrangement which provides appropriate cover.

• (2) The contractor will not sub-contract its obligations to provide clinical services under the contract 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; and

• (aa) “appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;

• (b) a contractor will 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 contract or, as the case may be, sub-contract.

Public liability insurance

82

• (1) The contractor will at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the contract which are not covered by an indemnity arrangement referred to in paragraph 81(1).

• (2) In this paragraph, “indemnity arrangement” has the same meaning as in paragraph 81.

Gifts

83

• (1) The contractor will 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 contract,

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 contract is with two or more individuals practising in partnership, any partner;

• (c) where the contract is with a dental corporation a director, chief executive or secretary of the corporation;

• (d) any person employed by the contractor for the purposes of the contract;

• (e) any dental practitioner engaged by the contractor for the purposes of the contract;

• (f) any spouse or civil partner of a contractor (where the contractor is an individual dental practitioner) or of a person specified in paragraphs (b) to (e); or

• (g) any person whose relationship with the contractor (where the contractor is an individual dental practitioner) or with a person specified in paragraphs (b) to (e) 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 will take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1) and which are given to the persons specified in sub-paragraph (2)(b) to (2)(g).

• (5) The register referred to in sub-paragraph (1) will 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 or her 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 will make the register available to the Local Health Board on request.

Compliance with legislation and guidance

84

The contractor will—

• (a) comply with all relevant legislation; and

• (b) have regard to all relevant guidance issued by the Local Health Board, or the Assembly.

Third party rights

85

The contract will not create any right enforceable by any person not a party to it.

Signing of documents

86

• (1) In addition to any other requirement that may relate to the documents specified in sub-paragraph (2), whether in these Regulations or otherwise, the contractor will ensure such documents include—

• (a) the name and clinical profession of the professional who signed the document;

• (b) the name of the contractor on whose behalf it is signed.

• (2) The reference to documents in sub-paragraph (1) include—

• (a) forms that are required to be completed as a consequence of these Regulations, where such forms require a signature;

• (b) prescription forms; and

• (c) any other clinical document.

SCHEDULE 4 — PATIENT INFORMATION LEAFLET

A practice leaflet will include—

1

The name of the contractor.

2

In the case of a contract with a partnership—

• (a) whether or not it is a limited partnership; and

• (b) the names of all the partners and, in the case of a limited partnership, their status as a general or limited partner.

3

In the case of a contract with a dental corporation—

• (a) the names of the directors, chief executive and secretary of the corporation, in so far as those positions exist in relation to the dental corporation; and

• (b) the address of the corporation’s registered office.

4

The full name of each person performing services under the contract.

5

In the case of each person performing dental services under the contract, his or her professional qualifications.

6

Whether the contractor undertakes the teaching or training of persons who provide dental services or who intend to do so.

7

The address of each of the practice premises.

8

The contractor’s telephone and fax numbers and the address of its website (if any).

9

Whether the practice premises have suitable access for disabled patients and, if not, the alternative arrangements for providing services to such patients.

10

How to request services as a patient.

11

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.

12

The services available under the contract.

13

The normal surgery days and hours of the practice.

14

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.

15

If the services in paragraph 14 are not provided by the contractor, the fact that the Local Health Board referred to in paragraph 21 is responsible for commissioning the services.

16

The telephone number of NHS Direct and details of NHS Direct online.

17

How patients may—

• (1) in respect of complaints made prior to 1 April 2011 make a complaint in accordance with the provisions of Part 6 of Schedule 3;

• (2) in respect of concerns notified on or after 1 April 2011 notify a concern in accordance with the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011; or

• (3) comment on the provision of a service.

18

The rights and responsibilities of the patient, including keeping appointments.

19

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 contract or other persons specified in paragraph 3 of Schedule 3.

20

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.

21

The name, postal and email address and telephone number of the Local Health Board which is a party to the contract and from whom details of primary dental services in the area may be obtained.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998⁴²

D. Elis-Thomas — The Presiding Officer of the National Assembly — 28 February 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations set out, for Wales, the framework for general dental services contracts under section 28K of the National Health Service Act 1977 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 28M of the Act, must be met by a contractor before the Local Health Board may enter into a general dental services contract with it.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with section 28P(1) of the Act. Part 3 applies to cases where the contractor is not a health service body. In cases where the contractor is such a body, the procedure for dealing with pre-contract disputes is set out in section 4 of the National Health Service and Community Care Act 1990.

Part 4 of the Regulations sets out the procedures, in accordance with section 28P(3) of the Act, by which the contractor may obtain health service body status.

Part 5 of (and Schedules 1 to 3 to) the Regulations prescribe the terms which, in accordance with sections 28O and 28P of the Act, must be included in a general dental services contract (in addition to those contained in the Act). It includes, in regulation 14, a description of the services which must be provided to patients under a general dental services contract pursuant to section 28L of the Act.

The prescribed terms include terms relating to—

• (a) the type and duration of the contract (regulations 10 to 13);

• (b) the services to be provided and the manner in which they are to be provided (regulations 14 to 19 and Schedules 1 and 2 and Parts 1 and 2 of Schedule 3);

• (c) finance, fees and charges (regulations 21 and 22);

• (d) prescribing of drugs and appliances (Schedule 3, Part 3);

• (e) the conditions to be met by those who perform services or are employed or engaged by the contractor (Schedule 3, Part 4);

• (f) patient records, the provision of information and rights of entry and inspection (Schedule 3, Part 5 and Schedule 4);

• (g) complaints (Schedule 3, Part 6);

• (h) procedures for dispute resolution (Schedule 3, Part 7);

• (i) procedure for a mid-year review of activity under the contract (Schedule 3, Part 8); and

• (j) procedures for variation and termination of contracts (Schedule 3, Part 9).

Part 6 of the Regulations makes transitional provision.

A Regulatory Appraisal has been prepared for these Regulations and a copy has been placed in the library of the National Assembly for Wales. Copies of the Regulatory Appraisal can be obtained from Community Primary Care and Health Services Policy Directorate, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

Footnotes

Editorial notes