The National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026

Made: 9 February 2026

Coming into force in accordance with regulation 1(2)

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 2, 56(5) and (6), 57, 58, 59, 60(2), 61, 62, 63(1), 66(1) and (4), 125(1), 126(5) and 203(9) and (10) of the National Health Service (Wales) Act 2006[^f00001].

Part 1 — GENERAL

Title, coming into force and application

1

• (1) The title of these Regulations is the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026.

• (2) These Regulations come into force on 11 March 2026, except for regulations 42 and 43 which come into force on the 1 April 2026.

• (3) These Regulations apply in relation to Wales.

Interpretation

2

• (1) In these Regulations—

• “the 1984 Act” (“Deddf 1984”) means the Dentists Act 1984[^f00002];

• “the 1986 Act” (“Deddf 1986”) means the Insolvency Act 1986[^f00003];

• “the 1989 Act” (“Deddf 1989”) means the Children Act 1989[^f00004];

• “the 2006 Act” (“Deddf 2006”) means the National Health Service (Wales) Act 2006;

• “the 2005 Order” (“Gorchymyn 2005”)means the Dentists Act 1984 (Amendment) Order 2005[^f00005];

• “the 2006 Regulations” (“Rheoliadau 2006”) means the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006[^f00006];

• “the 2006 (Charges) Regulations” (“Rheoliadau (Ffioedd) 2006”) means the National Health Service (Dental Charges) (Wales) Regulations 2006[^f00007];

• “the 2006 (PDS) Regulations” (“Rheoliadau (GDP) 2006”) means the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006[^f00008];

• “the 2011 Regulations” (“Rheoliadau 2011”) means the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011[^f00009];

• “accessibility-enhanced dental services” (“gwasanaethau deintyddol estynedig o ran hygyrchedd”) means services which are designed to accommodate diverse physical and sensory needs, for example bariatric provision due to physical or mobility needs or quiet drills or laser drills;

• “ACORN” (“ACORN”) means the Assessment of Clinical Oral Risks and Needs toolkit as defined by the Welsh Ministers and published by Public Health Wales[^f00010];

• “active patient” (“claf gweithredol”) means a patient who has received a course of treatment from the contractor in the previous 36 months and that course of treatment was either banded under the 2006 (Charges) Regulations or a care package or a new patient assessment;

• “adjudicator” (“dyfarnwr”) means the Welsh Ministers or a person or persons appointed by the Welsh Ministers under section 7(8) of the 2006 Act (NHS contracts) or paragraph 54(4) of Schedule 3 (NHS dispute resolution procedure) to these Regulations;

• “advanced mandatory services” (“gwasanaethau gorfodol uwch”) means any primary dental service that would fall within the services described in regulation 14 (mandatory services), but by virtue of the high level of facilities, experience or expertise required in respect of a particular patient, the service is provided as a referral service;

• “annual contract value” (“gwerth blynyddol y contract”) means the total annual value in pounds sterling agreed between the Local Health Board and the contractor for the provision of mandatory services under the contract, calculated in accordance with directions made by the Welsh Ministers under section 60 of the 2006 Act, as may be varied from time to time in accordance with the terms of the contract;

• “annual delivery report” (“adroddiad cyflenwi blynyddol”) means a report provided by a Local Health Board to a contractor within 20 clear days of the end of the contract year, setting out the percentage of mandatory services delivered by the contractor in each category during that contract year, and where delivery falls below 95% or exceeds 100%, setting out the financial consequences including any financial adjustment or recovery to be applied, or any additional remuneration due to the contractor;

• “bridge” (“pont”) means a fixed or removable bridge which takes the place of any teeth;

• “care package” (“pecyn gofal”) means a defined bundle of the dental services set out in Schedule 2 which are provided to a patient as a course of treatment based on an assessment of risk and clinical need;

• “charity trustee” (“ymddiriedolwr elusen”) means one of the persons having the general control and management of the administration of a charity;

• “child” (“plentyn”) means a person who has not attained the age of 18 years;

• “clinical examination” (“archwiliad clinigol”) means an appointment that consists of the examination of a patient’s oral health where no treatment is also provided at that appointment;

• “clinical services” (“gwasanaethau clinigol”) means services involving a direct clinical examination, a clinical assessment, a clinical diagnosis, clinical treatment, or care of patients which are provided under the contract by dental practitioners, dental care professionals, or other healthcare professionals;

• “complete” (“cwblhau”) in relation to a course of treatment and care package, means—where no treatment plan has to be provided in respect of a course of treatment pursuant to paragraph 7 of Schedule 3 (treatment plans), all the treatment recommended to, and agreed with, the patient by the contractor at the initial examination and assessment of that patient has been provided to the patient, orwhere a treatment plan has to be provided to the patient pursuant to paragraph 7 of Schedule 3, all the treatment specified in that plan by the contractor (or that plan as revised in accordance with paragraph 7(3) of that Schedule) has been provided to the patient;

• “company secretary” (“ysgrifennydd cwmni”) means the officer of a company who is appointed in accordance with the requirements of the Companies Act 2006, and includes any person authorised by the company to discharge the statutory, administrative or compliance functions ordinarily exercisable by a company secretary, whether alone or jointly with any other person;

• “concern” (“pryder”) means any complaint or notification of an incident concerning patient safety but does not include a claim for compensation;

• “contract” (“contract”) means, except where the context otherwise requires, a general dental services contract under section 57 of the 2006 Act (general dental services contracts: introductory);

• “contractor” (“contractwr”) means any person entering or who has entered into a contract with the Local Health Board;

• “course of treatment” (“cwrs o driniaeth”) means—an initial examination of a patient, an assessment of their oral health, and the planning of any treatment to be provided to that patient as a result of that initial examination and assessment as part of a care package and as set out in a treatment plan under paragraph 7 of Schedule 3, andthe provision of any planned treatment under a care package or packages (including any treatment planned at a time other than the time of the initial examination) to that patient;

• “de-listing” (“dadrestru”) means a patient who ceases to be an active patient because they have not attended a practice where they are an active patient for a period in excess of 36 months or have been removed from that practice’s list of active patients as a result of the application of paragraph 15 of Schedule 1 or paragraphs 4 and 5 of Schedule 3;

• “de-listing process” (“proses ddadrestru”) means the process whereby a patient must be de-listed, and the practice must—notify the patient in writing of the intention to remove them from their list of active patients, including the reasons, andprovide the patient with an opportunity to respond and make representations within 14 clear calendar days;

• “definitive treatment” (“triniaeth ddiffiniol”) means treatment which is intended to provide a long-term or permanent solution to a dental issue, rather than a temporary fix put in place until a long-term or permanent solution can be provided;

• “Dental Access Portal” (“Porth Mynediad Deintyddol”) means the online dental appointment allocation system administered by Digital Health and Care Wales;

• “dental appliance” (“cyfarpar deintyddol”) means a denture or bridge and for the purposes of this definition, a denture includes an obturator;

• “dental care professional” (“proffesiynolyn gofal deintyddol”) means a person whose name is included in the dentists register established in accordance with section 14 the 1984 Act or a person qualified to practise certain aspects of dental care, registered with the General Dental Council under one of the recognised professional titles;

• “dental corporation” (“corfforaeth ddeintyddol”) means a body corporate carrying on the business of dentistry in accordance with the 1984 Act;

• “dental hygienists” (“hylenyddion deintyddol”) means registered dental professionals whose primary role is to provide preventive oral care, delivered directly or under supervision from a dentist;

• “dental nurse” (“nyrs ddeintyddol”) means a registered dental professional who provides clinical and related support to dentists, dental care professionals and patients as recognised by the General Dental Council;

• “dental nurses with extended duties in oral health education” (“nyrsys deintyddol â dyletswyddau estynedig mewn addysg iechyd geneuol”) means dental nurses registered with the General Dental Council who, in addition to their core supportive functions, have undertaken approved training enabling them to deliver oral health education, preventive oral health advice, and other extended duties;

• “dental performers list” (“rhestr cyflawnwyr deintyddol”) means the list prepared by a Local Health Board in accordance with regulations made under section 63 of the 2006 Act (persons performing primary dental services);

• “dental practitioner” (“ymarferydd deintyddol”) means a person who is registered in the dentists register;

• “dental public health functions” (“swyddogaethau iechyd deintyddol y cyhoedd”) means functions provided by the contractor by virtue of section 67(3)(c) of the 2006 Act;

• “dental therapists” (“therapyddion deintyddol”) means registered dental professionals competent to carry out specified items of dental treatment directly or under the supervision of a dentist;

• “dentist” (“deintydd”) means a registered dental professional as recognised by the General Dental Council;

• “dentists register” (“cofrestr deintyddion”) means the register referred to in section 14(1) of the 1984 Act[^f00011];

• “Digital Health and Care Wales” (“Iechyd a Gofal Digidol Cymru”) means the organisation established under the Digital Health and Care Wales (Establishment and Membership) Order 2020[^f00012];

• “direction pending an investigation” (“cyfarwyddyd wrth aros am ymchwiliad”) means a direction issued by a regulator which imposes requirements, restrictions or conditions on a person’s registration, scope of practice, or functions for the purpose of protecting the public, the public interest, or the interests of that person, for the period during which an investigation into that person is being carried out;

• “director” (“cyfarwyddwr”) means—a director of a body corporate, ora member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

• “director of a body corporate” (“cyfarwyddwr corff corfforedig”) includes a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

• “domiciliary services” (“gwasanaethau cartref”) means a course of treatment, or part of a course of treatment, provided at a place other than—the practice premises of any provider of primary dental services,a mobile surgery of any provider of primary dental services, ora prison;

• “exempt person” (“person esempt”) has the same meaning as section 126 of the 2006 Act;

• “family member” (“aelod o deulu”) means—a spouse,a civil partner,a person whose relationship with the registered patient has the characteristics of the relationship between spouses or civil partners,a parent or step-parent,a son,a daughter,a child of whom the person is—the guardian,the carer duly authorised by the local authority to whose care the child has been committed under the 1989 Act, ora grandparent;

• “financial recovery” (“adenilliad ariannol”) means the recovery by a Local Health Board of amounts already paid to a contractor for mandatory services which the contractor has failed to deliver, being recovery of up to 100% of the value of underperformance where delivery falls below 95%;

• “guarantee period” (“cyfnod gwarant”) means—in relation to a standard care package, 24 months beginning with the date the restoration or treatment was provided, orin relation to an urgent care package delivered at an urgent care appointment, 12 months beginning with the date the restoration or treatment was provided;

• “health service body” (“corff gwasanaeth iechyd”) means—a Local Health Board, an NHS trust or a Special Health Authority established under the National Health Service (Wales) Act 2006, andany equivalent body exercising functions corresponding to those of a Local Health Board, NHS trust or Special Health Authority and in particular includes bodies known at the relevant time as—a Strategic Health Authority,a Primary Care Trust,a Clinical Commissioning Group, oran Integrated Care System,or any body succeeding or replacing those bodies which performs substantially equivalent functions;

• “initial examination and assessment” (“archwiliad ac asesiad cychwynnol”) means an examination and assessment of a patient that includes—a clinical examination comprising completion of an ACORN assessment, a review of the patient's medical, dental, lifestyle and accessibility needs, a clinical oral examination including periodontal assessment, caries detection, soft tissue examination, and inspection of teeth and existing restorations, radiographic examination where clinically indicated, and occlusion and TMJ examination where clinically indicated, andan assessment comprising risk allocation (low, moderate or high), provision of tailored preventative advice and oral health promotion, formulation of a personalised care package or combination of care packages where treatment is necessary, and comprehensive clinical records and outcome measures;

• “interim delivery report” (“adroddiad cyflenwi interim”) means a report provided by a Local Health Board to a contractor by the end of the seventh month of the contract year, setting out the percentage of mandatory services delivered by the contractor in each category as at the end of the sixth month of the contract year, and where delivery in any category falls below 40%, identifying the shortfall and any proposed mid-year financial adjustment;

• “interim suspension order” (“gorchymyn atal dros dro interim”) means a measure which temporarily removes a registered person from the register pending the completion of an investigation and any subsequent disciplinary hearing;

• “level 1 procedure” (“gweithdrefn lefel 1”) means treatment categorised as level 1 in accordance with NHS England’s Commissioning Guide for Oral Surgery[^f00013] or an equivalent document adopted by Welsh Local Health Boards;

• “licensing body” (“corff trwyddedu”) means any body that licenses or regulates the health care professions;

• “listed” (“rhestredig”) means such drugs, medicines or dental appliances as are included in a list for the time being approved by Welsh Ministers for the purposes of section 80 of the 2006 Act[^f00014] (arrangements for pharmaceutical services);

• “Local Health Board” (“Bwrdd Iechyd Lleol”) means, a Local Health Board established under section 11 of the 2006 Act, which is a party, or a prospective party, to the contract;

• “mandatory services” (“gwasanaethau gorfodol”) means the services listed in regulation 14 and described in Schedule 1;

• “medical performers list” (“rhestr cyflawnwyr meddygol”) means a list of medical performers prepared by a Local Health Board in accordance with regulations made under section 49 of the 2006 Act (persons performing primary medical services);

• “mobile surgery” (“deintyddfa symudol”) except where expressly provided otherwise in these Regulations, means any vehicle in which services under the contract are to be provided;

• “national disqualification” (“anghymhwysiad cenedlaethol”) means—a decision made by the First-tier Tribunal under section 159 of the National Health Service Act 2006[^f00015],a decision under provisions in force in Scotland or Northern Ireland corresponding to section 159 of the National Health Service Act 2006, ora decision under regulations made pursuant to section 63 of the 2006 Act (persons performing primary dental services);

• “national priorities” (“blaenoriaethau cenedlaethol”) means services provided in accordance with the National Priorities Scheme set out in Part 5 of Schedule 1 and directed by the Welsh Ministers under section 60(3)(b)(i) of the 2006 Act;