Article 11 Number of units of orthodontic activity
The number units of orthodontic activity to be provided by the contractor under a general dental services contract entered into under Chapter 1 shall be determined in accordance with—
paragraphs (2) to (6) in the case of entitlement to a general dental services contract under article 4 or 5; or
paragraphs (3) to (5) in the case of entitlement to a general dental services contract under article 6.
The Primary Care Trust shall, by—
analysing the data it holds in respect of the orthodontic care and treatment provided under section 35 arrangements during the year 1st October 2004 to 30th September 2005 by the person or persons with whom the general dental services contract is to be entered into; and
reference to the conversion criteria to units of orthodontic activity specified in Part 2 of Schedule 2 to the GDS Contracts Regulations,
calculate how many units of orthodontic activity is the equivalent to the orthodontic care and treatment provided by that person or persons during the year 1st October 2004 to 30th September 2005.
Where—
data does not exist for the period specified in paragraph (2)(a); or
data does exist, but it is appropriate to adjust the data,
the contractor and the Primary Care Trust shall agree the number of units of orthodontic activity to be provided.
Where the contractor and Primary Care Trust cannot agree the number of units of orthodontic activity as provided for in paragraph (3), the general dental services contract shall state this to be the case, and shall specify a number of units of orthodontic activity which is determined by the Primary Care Trust.
In determining the number of units of orthodontic activity to be specified under paragraph (4), the Primary Care Trust shall have regard to any data it holds regarding the amount of orthodontic care and treatment provided under section 35 arrangements or, as the case may be, the pilot scheme agreement, by the person or persons with whom the general dental services contract is to be entered into in the period since 1st October 2004.
Nothing in paragraph (2) shall prevent the contracting parties agreeing that the contractor shall provide a number of units of orthodontic activity that is higher or lower than the number calculated in accordance with paragraph (2).