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

Type Welsh-Statutory-Instrument

Publication 2026-02-09

Last updated 2026-03-11

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) Once the Local Health Board has provided the report referred to in sub-paragraph (1), the Local Health Board must arrange with the contractor an annual review of its performance in relation to the contract.

(3) The Local Health Board must prepare a draft record of the review referred to in sub-paragraph (2) for comment by the contractor and, having regard to such comments, produce a final written record of the review.

(4) A copy of the final record referred to in sub-paragraph (3) must be sent to the contractor.

Notifications to the Local Health Board

40

(1) In addition to any requirements of notification elsewhere in the Regulations, the contractor must notify the Local Health Board in writing, as soon as reasonably practicable, of—

(a) any serious incident that in the reasonable opinion of the contractor affects or is likely to affect the contractor’s performance of its obligations under the contract, or

(b) any circumstances which give rise to the Local Health Board’s right to terminate the contract under paragraph 65 or 70.

(2) The contractor must, unless it is impracticable for it to do so, notify the Local Health Board in writing within 28 clear days of any occurrence requiring a change in the information about it published by the Local Health Board.

(3) The contractor must give notice in writing to the Local Health Board when a dental practitioner who is performing or is due to perform services under the contract (as the case may be)—

(a) leaves the contractor, and the date upon which they left, or

(b) is employed or engaged by the contractor,

which includes the name of the dental practitioner who has left, or who has been employed or engaged, together with that person’s professional registration number.

Notice provisions specific to a contract with a dental corporation

41

A contractor, which is a dental corporation, must give notice in writing to the Local Health Board immediately 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 1986 Act (definition of inability to pay debts).

Notice provisions specific to a contract with two or more individuals practising in partnership

42

(1) A contractor which is a partnership must give notice in writing to the Local Health Board immediately when—

(a) a partner leaves or informs their partners that they intend to leave the partnership, and the date upon which they left or are due to leave the partnership, or

(b) a new partner joins the partnership.

(2) A notice under sub-paragraph (1)(b) must—

(a) state the date that the new partner joined the partnership,

(b) confirm that the new partner is a dental practitioner,

(c) confirm that the new partner meets the conditions imposed by regulation 4 (general conditions relating to all contracts), and

(d) state whether the new partner is a general or a limited partner.

Notifications to patients following a variation of the contract

43

Where the contract is varied in accordance with Part 8 of this Schedule and, as a result of that variation there are changes in the range of services provided by the contractor, the contractor must ensure that, at least 28 clear days before that change is due to take effect, there is displayed in a prominent position in its practice premises, in a part to which patients have access, written details of that change.

Entry and inspection by the Local Health Board

44

(1) Subject to the conditions in sub-paragraph (2) the contractor must allow persons authorised in writing by the Local Health Board to enter and inspect the practice premises at any reasonable time.

(2) The conditions referred to in sub-paragraph (1) are that—

(a) reasonable notice of the intended entry has been given,

(b) written evidence of the authority of the person seeking entry is produced to the contractor on request, and

(c) entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.

(3) In this paragraph “premises” includes a mobile surgery.

Entry and inspection by the Welsh Ministers

45

The contractor must allow persons authorised by the Welsh Ministers to enter and inspect premises in accordance with section 72 of the Health and Social Care (Community Health and Standards) Act 2003³¹ (right of entry).

PART 6 — CONCERNS

Concerns

46

(1) The contractor must establish and operate arrangements which meet the requirements of the 2011 Regulations³² to deal with any concerns notified about any matter reasonably connected with the provision of services under the contract.

(2) The following matters are excluded from consideration under the arrangement under sub-paragraph (1)—

(a) a concern which is resolved to the satisfaction of the person who notified the concern not later than the next working day after the day on which the concern was notified;

(b) a concern which is being or has been investigated by the Public Services Ombudsman for Wales;

(c) a concern the subject matter of which is, or becomes, the subject of civil proceedings (including the pre-action stage of those proceedings);

(d) a concern the subject matter of which has previously been considered in accordance with arrangements made under the 2011 Regulations or any relevant complaints procedure;

(e) a concern arising out of an alleged failure to comply with a request for information under the Freedom of Information Act 2000³³.

(3) Where the contractor decides that a concern is excluded, it must as soon as reasonably practicable notify in writing the person who notified the concern of its decision and the reason for its decision (except in relation to matters resolved by the next working day).

Notification of concerns

47

(1) A concern may be notified by—

(a) a patient or former patient who is receiving or has received services under the contract,

(b) any person who is affected, or likely to be affected by the action, omission or decision of the contractor, or

(i) has died,

(ii) is a child,

(iii) is unable to notify the concern themselves because they lack capacity within the meaning of the Mental Capacity Act 2005³⁴, or

(iv) has requested the representative to act on their behalf.

(2) In this Part, reference to a representative where the patient is a child, includes—

(a) a parent,

(b) a person duly authorised by a local authority who is responsible for the child, or

(3) Where a patient has died, a concern may be notified by a relative or other adult person who had an interest in their welfare or, where the patient falls within sub-paragraph (2)(a)(ii) or (iii) by the local authority or voluntary organisation respectively.

Period for notifying concerns

48

(1) A concern must be notified within 12 months after—

(a) the date on which the matter which is the subject of the concern occurred, or

(b) if later, the date on which the matter came to the notice of the person notifying the concern.

(2) The 12 month time limit in sub-paragraph (1) does not apply if the person nominated in accordance with paragraph 49(2)(a), below, is satisfied that—

(a) the person had good reasons for not notifying the concern within that time limit, and

(b) it is still possible to investigate the concern effectively and fairly.

(3) A concern may not be notified 3 or more years after—

(a) the date the matter occurred, or

(b) if later, 3 or more years from the date it came to the notice of the person notifying the concern.

Further requirements for concerns procedures

49

(1) A concerns procedure arranged in accordance with paragraph 46 must also comply with the requirements set out in sub-paragraphs (2) to (6).

(2) The contractor must nominate—

(a) a person (who need not be connected with the contractor and who, in the case of an individual, may be specified by their job title) to be responsible for the operation of the concerns procedure and the investigation of concerns, and

(b) a partner, or other senior person associated with the contractor, to be responsible for the effective management of the concerns procedure and for ensuring that action is taken in the light of the outcome of any investigation.

(3) A concern may be notified—

(a) in writing,

(b) electronically, or

(4) Where a concern is notified verbally, the member of staff to whom the concern has been notified must make a written record of the concern and provide a copy of the written record to the person who notified the concern within 5 working days.

(5) A concern must be—

(a) acknowledged in writing within the period of 5 working days beginning with the day on which the concern was notified in accordance with sub-paragraph (3) or, where that is not possible, as soon as reasonably practicable, and

(b) properly investigated.

(6) Within the period of 30 working days beginning with the day on which the concern was received by the person specified under sub-paragraph (2)(a) or, where that is not possible, as soon as reasonably practicable, the person who notified the concern must be given a written summary of the investigation and its conclusions.

(7) If the contractor is unable to provide a written summary within 30 working days, it must notify the person who notified the concern accordingly and explain the reason why, and send the response as soon as reasonably practicable and within 6 months beginning with the day upon which it received notification of the concern.

(8) At the time it acknowledges notification of a concern, the contractor must offer to discuss with the person who notified the concern—

(a) the way in which the investigation must be handled, including any requirement for consent to use medical records,

(b) the availability of advocacy and support services, and

(9) If the person who notifies the concern does not accept the offer of a discussion under sub-paragraph (8), the contractor must consider and make a decision upon the matters set out in sub-paragraphs (8)(a) to (c) and write to the person accordingly.

(10) Where the investigation of the concern requires consideration of the patient’s dental records, the person specified in sub-paragraph (2)(a) must inform the patient or person acting on their behalf if the investigation involves disclosure of information contained in those records to a person other than the contractor or an employee of the contractor.

(11) The contractor must keep a record of all concerns and copies of all correspondence relating to concerns for a period of at least 7 years from the date on which such concerns were notified, but such records must be kept separate from the patients’ dental records.

Co-operation with investigations

50

(1) The contractor must co-operate with—

(a) any investigation of a concern notified in accordance with the 2011 Regulations in relation to any matter reasonably connected with the provision of services under the contract carried out by—

(i) the Local Health Board,

(ii) the Welsh Ministers, or

(iii) the Public Services Ombudsman for Wales,

(b) any investigation of a concern notified in accordance with the 2011 Regulations by an NHS body or local authority which relates to a patient or former patient of the contractor.

(2) The co-operation required by sub-paragraph (1) includes—

(a) answering questions reasonably put to the contractor by the investigator,

(b) providing any information relating to the concern notified in accordance with the 2011 Regulations reasonably required by the investigator, and

(c) attending any meeting to consider the concern notified in accordance with the 2011 Regulations (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given) if the contractor’s presence at the meeting is reasonably required by the investigator.

(3) The contractor must inform the Local Health Board, at such intervals as the Local Health Board requires, of the number of concerns it has received under the procedure established in accordance with this Part.

(4) In this paragraph—

“investigator” means the bodies set out in sub-paragraph (1) or their authorised representative;

“local authority” means—a county council or county borough council in Wales,any of the bodies listed in section 1 of the Local Authority Social Services Act 1970³⁵ (local authorities),the Council of the Isles of Scilly, ora council constituted under section 2 of the Local Government etc, (Scotland) Act 1994³⁶ (constitution of councils);

“NHS body” means a Local Health Board, an NHS trust, an NHS foundation trust, an integrated care board, NHS England or an equivalent body constituted in Scotland or Northern Ireland.

Withdrawal of concerns

51

(1) A concern may be withdrawn at any time by the person who notified it.

(2) A person may notify a withdrawal—

(a) in writing,

(b) electronically, or

(3) The contractor must write to the person who has withdrawn a concern verbally to confirm the verbal withdrawal as soon as practicable.

(4) Where a concern has been withdrawn, the contractor may nevertheless continue to investigate any issues raised if it considers it necessary to do so.

PART 7 — DISPUTE RESOLUTION

Local resolution of contract disputes

52

In the case of any dispute arising out of or in connection with the contract, the contractor and the Local Health Board must make every reasonable effort to communicate and co-operate with each other with a view to resolving the dispute, before referring the dispute for determination in accordance with the NHS dispute resolution procedure set out in paragraph 53 or 54 (or, where applicable, before commencing court proceedings).

Dispute resolution: non-NHS contracts

53

(1) In the case of a contract that is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the procedures for notifying concerns pursuant to Parts 6 of this Schedule, may be referred for consideration and determination to the Welsh Ministers—

(a) if it relates to a period when the contractor was a health service body, by the contractor or by the Local Health Board, or

(b) in any other case, by the contractor or, if the contractor agrees in writing, by the Local Health Board.

(2) In the case of a dispute referred to the Welsh Ministers under sub-paragraph (1)—

(a) the procedure to be followed is the NHS dispute resolution procedure, and

(b) the parties agree to be bound by any determination made by the adjudicator.

NHS dispute resolution procedure

54

(1) The procedure specified in the following sub-paragraphs and paragraph 53 applies in the case of any dispute arising out of or in connection with the contract which is referred to the Welsh Ministers—

(a) in accordance with section 7(6) of the 2006 Act (where the contract is an NHS contract), or

(b) in accordance with paragraph 55 (where the contract is not an NHS contract).

(2) Any party wishing to refer a dispute as mentioned in sub-paragraph (1) must send to the Welsh Ministers a written request for dispute resolution which must include or be accompanied by—

(a) the names and addresses of the parties to the dispute,

(b) a copy of the contract, and

(3) Any party wishing to refer a dispute as mentioned in sub-paragraph (1) must send the request under sub-paragraph (2) within a period of 3 years beginning with the date on which the matter giving rise to the dispute happened or should reasonably have come to the attention of the party wishing to refer the dispute.

(4) Where the dispute relates to a contract which is not an NHS contract, the Welsh Ministers may decide the matter itself or, if they consider it appropriate, appoint a person or persons to consider and decide it.

(5) Before reaching a decision as to who should decide the dispute, either under sub-paragraph (4) or under section 7(8) of the 2006 Act, the Welsh Ministers must, within the period of 7 clear days beginning with the date on which a matter was referred to them, send a written request to the parties to make in writing, within a specified period, any representations which they may wish to make about the matter.

(6) The Welsh Ministers must give, with the notice given under sub-paragraph (5), to the party other than the one which referred the matter to dispute resolution a copy of any document by which the matter was referred for dispute resolution.

(7) The Welsh Ministers must give a copy of any representations received from a party to the other party and must in each case request (in writing) a party to whom a copy of the representations is given to make within a specified period any written observations which it wishes to make on those representations.

(8) Following receipt of any representations from the parties or, if earlier, at the end of the period for making such representations specified in the request sent under sub-paragraph (5) or (7), the Welsh Ministers must, if they decide to appoint a person or persons to hear the dispute—

(a) inform the parties in writing of the name of the person or persons whom it has appointed, and

(b) pass to the person or persons so appointed any documents received from the parties under or pursuant to paragraph (2), (5) or (7).

(9) For the purpose of assisting the adjudicator in the consideration of the matter, the adjudicator may—

(a) invite representatives of the parties to appear before the adjudicator to make oral representations either together or, with the agreement of the parties, separately, and may in advance provide the parties with a list of matters or questions to which the adjudicator wishes them to give special consideration, or

(b) consult other persons whose expertise the adjudicator considers would assist in the consideration of the matter.

(10) Where the adjudicator consults another person under sub-paragraph (9)(b), the adjudicator must notify the parties accordingly in writing and, where the adjudicator considers that the interests of any party might be substantially affected by the result of the consultation, the adjudicator must give to the parties such opportunity as the adjudicator considers reasonable in the circumstances to make observations on those results.

(11) In considering the matter, the adjudicator must consider—

(a) any written representations made in response to a request under sub-paragraph (5), but only if they are made within the specified period,

(b) any written observations made in response to a request under sub-paragraph (7), but only if they are made within the specified period,

(d) the results of any consultation under sub-paragraph (9)(b), and

(e) any observations made in accordance with an opportunity given under sub-paragraph (10).

(12) In this paragraph, “specified period” means such period as the Welsh Ministers specify in the request, being not less than 2, nor more than 4, weeks beginning with the date on which the notice referred to is given, but the Welsh Ministers may, if they consider that there is good reason for doing so, extend any such period (even after it has expired) and, where they do so, a reference in this paragraph to the specified period is the period as so extended.

(13) Subject to the other provisions of this paragraph and paragraph 57, the adjudicator has wide discretion in determining the procedure of the dispute resolution to ensure the just, expeditious, economical and final determination of the dispute.

Determination of dispute

55

(1) The adjudicator must record the determination and the reasons for it, in writing and give notice of the determination (including the record of the reasons) to the parties.

(2) In the case of a contract referred for determination in accordance with paragraph 54(1), section 7(12) of the 2006 Act applies as that subsection applies in the case of a contract referred for determination in accordance with section 7(6) of the 2006 Act.

Interpretation of Part 7

56

(1) In this Part, reference to any dispute arising out of or in connection with the contract includes any dispute arising out of or in connection with the termination of the contract.

(2) Any term of the contract that makes provision in respect of the requirements in this Part survive even where the contract has ended.

PART 8 — VARIATION AND TERMINATION OF CONTRACTS

Variation of a contract: general

57

(1) Subject to sub-paragraph (2) and paragraphs 58(6), 59(6) and 71, no amendment or variation has effect unless it is in writing and signed by or on behalf of the Local Health Board and the contractor.

(2) In addition to the specific provision made in paragraphs 58(6), 59(6) and 71, the Local Health Board may vary the contract without the contractor’s consent where it—

(a) is reasonably satisfied that it is necessary to vary the contract so as to comply with the 2006 Act, any regulations made pursuant to that Act, or any direction given by the Welsh Ministers pursuant to that Act, and

(b) notifies the contractor in writing of the wording of the proposed variation and the date upon which that variation takes effect.

(3) Where it is reasonably practicable to do so, the date that the proposed variation takes effect must be not less than 14 clear days after the date on which the notice under sub-paragraph (2)(b) is served on the contractor.

Variation provisions specific to a contract with an individual dental practitioner

58

(1) If a contractor which is an individual dental practitioner proposes to practise in partnership with one or more persons during the existence of the contract, the contractor must notify the Local Health Board in writing of—

(a) the name of the person or persons with whom it proposes to practise in partnership, and

(b) the date on which the contractor wishes to change its status as a contractor from that of an individual dental practitioner to that of a partnership, which must be not less than 28 clear days after the date upon which it has served the notice on the Local Health Board pursuant to this sub-paragraph.

(2) A notice under sub-paragraph (1) must, in respect of the person or each of the persons with whom the contractor is proposing to practise in partnership, and also in respect of itself as regards the matters specified in sub-paragraph (c)—

(a) confirm that they are either—

(i) a dental practitioner, or

(ii) a person who satisfies the conditions specified in section 59 of the 2006 Act,

(b) confirm that they are a person who satisfies the conditions imposed by regulation 4, and

and the notice must be signed by the individual dental practitioner and by the person, or each of the persons (as the case may be), with whom they are proposing to practise in partnership.

(3) The contractor must ensure that any person who practises in partnership with it is bound by the contract, whether by virtue of a partnership deed or otherwise.

(4) If the Local Health Board is satisfied as to the accuracy of the matters specified in sub-paragraph (2) that are included in the notice, the Local Health Board must give notice in writing within 14 clear days to the contractor confirming that the contract continues with the partnership entered into by the contractor and its partners, from a date that the Local Health Board specifies in that notice.

(5) Where it is reasonably practicable, the date specified by the Local Health Board pursuant to sub-paragraph (4) must be the date requested in the notice served by the contractor pursuant to sub-paragraph (1), or, where that date is not reasonably practicable, the date specified must be a date after the requested date that is as close to the requested date as is reasonably practicable.

(6) Where a contractor has given notice to the Local Health Board pursuant to sub-paragraph (1), the Local Health Board—

(a) may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from an individual dental practitioner to a partnership, and

(b) if it does propose to so vary the contract, it must include in the notice served on the contractor pursuant to sub-paragraph (4) the wording of the proposed variation and the date upon which that variation takes effect.

Variation provisions specific to a contract with two or more individuals practising in partnership

59

(1) Subject to sub-paragraph (4) and in accordance with sub-paragraph (2), where a contractor consists of two or more individuals practising in partnership in the event that the partnership is ended or dissolved, the contract may only continue with one of the former partners if that partner is—

(a) nominated in accordance with sub-paragraph (3), and

(b) a dental practitioner.

(2) A contractor must notify the Local Health Board in writing at least 28 clear days in advance of the date on which the contractor proposes to change its status from that of a partnership to that of an individual dental practitioner pursuant to sub-paragraph (1).

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

(a) specify the date on which the contractor proposes to change its status from that of a partnership to that of an individual dental practitioner,

(b) nominate the dental practitioner with whom the contract continues, who must be one of the existing partners, and

(4) If a partnership is ended or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, sub-paragraphs (1) to (3) do not apply and—

(a) the contract continues with the individual who has not died only if that individual is a dental practitioner, and

(b) that individual must in any event notify the Local Health Board in writing as soon as is reasonably practicable of the death of their partner.

(5) When the Local Health Board receives a notice pursuant to sub-paragraph (2) or (4)(b), it must acknowledge receipt of the notice in writing, and in relation to a notice served pursuant to sub-paragraph (2), the Local Health Board must do so before the date specified pursuant to sub-paragraph (3)(a).

(6) Where a contractor gives notice to the Local Health Board pursuant to sub-paragraph (2) or (4)(b), the Local Health Board may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from a partnership to an individual dental practitioner.

(7) If the Local Health Board varies the contract pursuant to sub-paragraph (6), it must notify the contractor in writing of the wording of the proposed variation and the date upon which that variation takes effect.

Termination by agreement

60

The Local Health Board and the contractor may agree in writing to terminate the contract, and if the parties so agree, they must agree the date upon which that termination should take effect and any further terms upon which the contract should be terminated.

Termination on the death of an individual dental practitioner

61

(1) Where the contract is with an individual dental practitioner and that dental practitioner dies, the contract terminates at the end of the period of 28 days after the date of their death unless, before the end of that period—

(a) subject to sub-paragraph (2), the Local Health Board has agreed in writing with the contractor’s personal representatives that the contract should continue for a further period, not exceeding 6 months after the end of the period of 28 clear days, and

(b) the contractor’s personal representatives have confirmed in writing to the Local Health Board that they are employing or engaging one or more dental practitioners to assist in the provision of dental services under the contract throughout the period for which it continues.

(2) Where the Local Health Board is of the opinion that another contractor may wish to enter into a contract in respect of the mandatory services which were provided by the deceased dental practitioner, the six month period referred to in sub-paragraph (1)(a) may be extended by a period not exceeding 6 months as may be agreed between the Local Health Board and the deceased contractor’s personal representatives.

(3) Sub-paragraph (1) does not affect any other rights to terminate the contract which the Local Health Board may have under paragraph 60 and paragraphs 62 to 70.

Termination by the contractor

62

(1) A contractor may terminate the contract by serving notice in writing on the Local Health Board at any time.

(2) Where a contractor serves notice pursuant to sub-paragraph (1), the contract terminates on a date 6 months after the date on which the notice is served (“the termination date”), but if the termination date is not the last calendar day of a month, the contract instead terminates on the last calendar day of the month in which the termination date falls.

(3) This paragraph and paragraph 63 are without prejudice to any other rights to terminate the contract that the contractor may have.

Late payment notices

63

(1) The contractor may give notice in writing (a “late payment notice”) to the Local Health Board if the Local Health Board has failed to make any payments due to the contractor in accordance with a term of the contract that has the effect specified in regulation 30 (finance), and the contractor must specify in the late payment notice the payments that the Local Health Board has failed to make in accordance with that regulation.

(2) Subject to sub-paragraph (3), the contractor may, at least 28 clear days after having served a late payment notice, terminate the contract by a further written notice if the Local Health Board has still failed to make the payments that were due to the contractor and that were specified in the late payment notice served on the Local Health Board pursuant to sub-paragraph (1).

(3) If, following receipt of a late payment notice, the Local Health Board refers the matter to the NHS dispute resolution procedure within 28 clear days of the date upon which it is served with the late payment notice, and it notifies the contractor in writing that it has done so within that period of time, the contractor may not terminate the contract pursuant to sub-paragraph (2) until—

(a) there has been a determination of the dispute pursuant to paragraph 55 and that determination permits the contractor to terminate the contract, or

(b) the Local Health Board ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

Termination by the Local Health Board: general

64

The Local Health Board may only terminate the contract in accordance with the provisions in this Part.

Termination by the Local Health Board: no longer eligible to enter into and breach of conditions of the contract

65

(1) Subject to sub-paragraph (2), the Local Health Board must serve notice in writing on the contractor terminating the contract immediately if—

(a) the contract was entered into pursuant to section 59 of the 2006 Act (persons eligible to enter into GDS contracts, and

(b) the contractor is no longer a dental practitioner.

(2) Where a contractor ceases to be a dental practitioner by virtue of a suspension specified in sub-paragraph (6), sub-paragraph (1) does not apply unless—

(a) the contractor is unable to satisfy the Local Health Board that it has in place adequate arrangements for the provision of dental services under the contract for so long as the suspension continues, or

(b) the Local Health Board is satisfied that the circumstances of the suspension are such that if the contract is not terminated immediately—

(i) the safety of the contractor’s patients is at risk, or

(ii) the Local Health Board is at risk of material financial loss.

(3) Except in a case to which paragraph 59(4) applies, where the contractor is two or more persons practising in partnership and the conditions prescribed in section 59 of the 2006 Act are no longer satisfied, the Local Health Board must—

(a) serve notice in writing on the contractor terminating the contract immediately, or

(b) serve notice in writing on the contractor confirming that the Local Health Board intends to allow the contract to continue for a period specified by the Local Health Board in accordance with sub-paragraph (4) (the “interim period”) if the Local Health Board is satisfied that the contractor has in place adequate arrangements for the provision of dental services for the interim period.

(4) The period specified by the Local Health Board under sub-paragraph (3)(b) must not exceed—

(a) 6 months, or

(b) in a case where the failure of the contractor to continue to satisfy the condition in section 59 of the 2006 Act is the result of a suspension referred to in sub-paragraph (6), the period for which that suspension continues.

(5) Where the contract was entered into pursuant to section 59 of the 2006 Act, but the contractor ceases to be a dental corporation, the Local Health Board must serve notice in writing on the contractor terminating the contract immediately.

(6) The suspensions referred to in sub-paragraphs (2) and (4)(b) are—

suspension by a Practice Committee under section 27B or 27C of the 1984 Act, except under section 27C(1)(d) (indefinite suspension), following a relevant determination,

suspension by a Practice Committee under section 30(1) of the 1984 Act (orders for immediate suspension and immediate conditional registration), or

suspension by a Practice Committee under section 32 of the 1984 Act (interim orders).

(7) For the purposes of sub-paragraph (6)(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 1984 Act (deficient professional performance), or

(b) section 27(2)(c) of the 1984 Act (adverse physical or mental health).

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

66

The Local Health Board may serve notice in writing on the contractor terminating the contract immediately, 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 (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.

67

(1) The Local Health Board may serve notice in writing on the contractor terminating the contract immediately, 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

(i) the corporation, or

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

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

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

(a) they are the subject of a national disqualification,

(b) subject to sub-paragraph (3), they are disqualified or suspended (except by any interim suspension order or interim direction made pending the outcome of an investigation, or any suspension imposed on the grounds of ill‑health.”) from practising by any licensing body anywhere in the world,

(c) subject to sub-paragraph (4), they have been dismissed (except for 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, they are employed by the health service body that dismissed them or by another health service body,

(d) they have been removed from, or refused admission to, a dental or medical performers list by reason of inefficiency, fraud or unsuitability unless their name has later been included in such a list,

(e) they have 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 have been sentenced to a term of imprisonment of over 6 months,

(f) subject to sub-paragraph (5), they have 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 6 months,

(g) they have been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 (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 1995 (offences against children under the age of 17 years to which special provisions apply),

(h) they have—

(i) been made bankrupt or had sequestration of their estate awarded or they are a person in relation to whom a moratorium period under debt relief order (under Part 7A of the 1986 Act) applies unless they have 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 1986 Act, 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 their creditors unless they have been discharged in respect of it, or

(iv) been wound up under Part IV of the 1986 Act,

(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 1986 Act,

(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) they have 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 they were responsible or to which they were privy, or which, by their conduct, contributed to or facilitated, or

(ii) disqualified under section 69B of the Charities and Trustee Investment (Scotland) Act 2005 (disqualification from holding office with senior management functions), from being concerned in the management or control of any body,

(l) they are subject to a disqualification order under the Company Directors Disqualification Act 1986³⁷, the Companies (Northern Ireland) Order 1986³⁸ or to an order made under section 429(2)(b) of the 1986 Act (failure to pay under county court administration order), or

(m) they have refused to comply with a request by the Local Health Board for them to be medically examined on the grounds that it is concerned that they are 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 must 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 company secretary of the corporation.

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

(a) until a period of at least 3 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 their 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 must 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 company secretary of the corporation,

as the case may be.

(6) In this paragraph “health service body” includes the bodies known at the relevant time as a Strategic Health Authority, a Primary Care Trust, a Clinical Commissioning Group and an Integrated Care System.

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

68

The Local Health Board may serve notice in writing on the contractor terminating the contract immediately 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 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 of contract notices

69

(1) Where a contractor has breached the contract other than as specified in paragraphs 66 to 68 and the breach is capable of remedy, the Local Health Board must, 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 must 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

(3) The notice period must be no less than 28 clear days from the date that notice is given, 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.

(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 66 to 68 and the breach is not capable of remedy, the Local Health Board may serve written notice on the contractor requiring the contractor not to repeat the breach (“breach of contract notice”).

(6) 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 if, following a breach of contract notice or a remedial notice, the contractor—

(a) repeats the breach that was the subject of the breach of contract notice or the remedial notice, or

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

(7) The Local Health Board must 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 of contract 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

70

(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 is 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 clear days beginning with 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 immediately 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 2005 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 1984 Act (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 them 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 1984 Act,

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 is 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) must specify—

(a) the date upon which the contract terminates, 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

71

(1) In this paragraph and paragraph 72, “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

(2) Where the Local Health Board is entitled to terminate the contract pursuant to paragraph 66, 67, 68, 69(4), 69(6) or 70, 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 is not, under sub-paragraph (2), 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 is intended to be imposed and provide in that notice an explanation of the effect of the imposition of that sanction.

(5) Subject to paragraph 72, the Local Health Board must not impose the contract sanction until at least 28 clear 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 is 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

72

(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 must not, subject to sub-paragraph (4), impose the proposed contract sanction except in the circumstances specified in sub-paragraph (2).

(2) If the contractor refers the dispute relating to the contract sanction to the NHS dispute resolution procedure within 28 clear days beginning with the date on which the Local Health Board served notice on the contractor in accordance with paragraph 71(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 must not impose the contract sanction unless—

(a) there has been a determination of the dispute pursuant to paragraph 55 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 is entitled to impose the contract sanction immediately.

(4) The Local Health Board is entitled to impose the contract sanction immediately, pending the outcome of the NHS dispute resolution procedure, 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.

Termination and the NHS dispute resolution procedure

73

(1) Where the Local Health Board is entitled to serve written notice on the contractor terminating the contract pursuant to paragraph 66, 67, 68, 69(4), 69(6) or 70, the Local Health Board must, 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 clear 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 clear 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 within 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 does not terminate at the end of the notice period but instead only terminates in the circumstances specified in sub-paragraph (4).

(4) The contract terminates if and when—

(a) there has been a determination of the dispute pursuant to paragraph 55 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) do not apply and the Local Health Board is entitled to confirm, by written notice to be served on the contractor, that the contract nevertheless terminates at the end of the period of the notice it served pursuant to paragraph 66, 67, 68, 69(4), 69(6) or 70.

PART 9 — MISCELLANEOUS

Evidence of exemption under the 2006 Act

74

(1) Subject to sub-paragraph (2), the contractor must ensure that it requests, in respect of a person who makes a declaration relating to exemption under section 126 of the 2006 Act, evidence in support of that declaration.

(2) The contractor must 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

75

(1) The contractor must 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 must 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

76

(1) The contractor must 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 must 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 consists of 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,

(d) any requirements of the General Dental Council in respect of the continuing professional development of dental practitioners are satisfied, and

(e) an annual quality assurance self assessment is carried out as co-ordinated by the Dental Public Health Team of Public Health Wales.

Insurance: negligent performance

77

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

(2) The contractor must 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) A contractor is regarded as having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to its employee in connection with clinical services which that employee provides under the contract or, as the case may be, sub-contract.

(4) In this paragraph—

“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;

“indemnity arrangement” means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor.

Public liability insurance

78

(1) The contractor must 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 77(1).

(2) In this paragraph, “indemnity arrangement” has the same meaning as in paragraph 77.

Gifts

79

(1) The contractor must 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,

(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 spouses 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 previously provided, being 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 must 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 (g).

(5) The register referred to in sub-paragraph (1) must 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, their address,

(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 must make the register available to the Local Health Board on request.

Compliance with legislation and guidance

80

The contractor must—

(a) comply with all relevant legislation, and

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

Third party rights

81

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

Signing of documents

82

(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 must ensure such documents 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 reference to documents in sub-paragraph (1) includes—

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

(b) prescription forms, and

Duty of co-operation: cluster working

83

(1) A contractor must comply with the requirements in sub-paragraph (2) where primary dental services are provided by the contractor’s cluster.

(2) The requirements specified in this sub-paragraph are that the contractor must—

(a) co-operate, in so far as is reasonable, with any person responsible for the provision of the services,

(b) comply in core hours with any reasonable request for information from such a person or from the Local Health Board relating to the provision of the services,

(c) agree the mandate for a Dental Collaborative representative at cluster meetings and take account of feedback from those cluster meetings,

(d) take reasonable steps to provide information to its active patients about the services, including information on how to access the services and any changes to them, and

(e) ensure engagement in the planning and delivery of local services, as agreed within the cluster action plan, which includes suitable arrangements to enable the sharing of data, where appropriate safeguards are met, to support the delivery of the services and discussion of cluster funding and budgets.

(3) The contract must contain a term which requires contractors to be remunerated for taking part in cluster meetings each year in accordance with directions made by the Welsh Ministers under section 60 of the 2006 Act.

Schedule 4 — PATIENT INFORMATION LEAFLET

A patient information leaflet must include the items listed below.

Schedule 5 — CHARGES

Charges for the provision of dental services

1

(1) Subject to sub-paragraph (2) and paragraphs 2 and 3, a charge of the amount provided for in the table in paragraph 4 may be made and recovered in respect of the provision of the relevant mandatory dental services as described in regulation 14 and Schedule 1.

(2) The total charge that can be made and recovered from an individual patient in respect of a course of treatment or multiple courses of treatment that are delivered at the same time is £384.

(3) In this paragraph “at the same time” means as part of a course of treatment which may be delivered over a number of appointments.

Exemptions

2

(1) Subject to sub-paragraphs (2) no charge may be made and recovered under paragraph 1 in respect of—

(a) provision of dental services under the 2006 Act, except by a contractor;

(b) a prisoner;

(d) the removal of sutures;

(e) subject to sub-paragraph (2) any person who is at the time the service is provided;

(i) aged under 18,

(ii) aged 18 or over and in full-time education,

(iii) pregnant, or

(iv) has had a baby within the 12 months before treatment starts.

(2) It is a condition of exemption under paragraph 2(1)(e) that—

(a) a written declaration is made on a form provided for that purpose by the Local Health Board to the effect that the patient is, on the day upon which the examination takes place, within one of the categories specified in paragraph 2(1)(e);

(b) the declaration referred to in sub-paragraph (2) must be made by the patient for whom the examination is provided, except where the application is made by another person on the patient’s behalf when the declaration must made instead by that person;

(3) In this paragraph “evidence of entitlement” means an official record (for example a birth certificate, student ID card or Personal Child Health Record) which confirms the age or status or both, of the patient as the case may be.

3

(1) Subject to sub-paragraph (2) no charge may be made and recovered under paragraph 1 in respect of—

(a) the clinical examination, any report on that examination and the provision of an assessment and advice where, on the day upon which the examination is being performed or the assessment is made, the patient—

(i) is under the age of 25 years, or

(ii) has attained the age of 60 years, or

(b) the examination and assessment of a patient if, at the same time no other treatment is provided and no dental appliances are supplied, which leads to—

(i) the issue of a prescription,

(ii) the repair of a dental appliance, or

(iii) the arrest of bleeding.

(2) It is a condition of exemption under paragraph 3(1)(a) that—

(a) a written declaration, is made on a form provided for that purpose by the Local Health Board to the effect that the patient is, on the day upon which the examination takes place, within one of the categories specified in paragraph 3(1)(a);

(b) the declaration referred to in paragraph (2)(a) above, is made by the patient for whom the examination is provided, except where the application is made by another person on the patient’s behalf where the declaration must be made instead by that person;

(3) In this paragraph “evidence of entitlement” means the patient’s birth certificate or another means prescribed by the Local Health Board of establishing the age of the patient.

Charges

4

The charges which may be made and recovered under paragraph 1 are as set out in table 1 below—

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