Article 20 Appeal against failure of a Primary Care Trust to enter into a personal dental services agreement

(1)

This article applies where a person or persons has—

(a)

offered to enter into a personal dental services agreement under article 14, 15, 16 or 17; and

(b)

as a result of a failure to act by the Primary Care Trust—

(i)

been unable to sign such an agreement before 1st April 2006, or

(ii)

in a case where article 19 applies, been unable to sign such an agreement within the period of entitlement provided for in accordance with that article.

(2)

Where this article applies, the prospective contractor must, if he wishes to enter into a personal dental service agreement, apply in writing to the Secretary of State—

(a)

before 15th April 2006; or

(b)

in a case where article 19 applies, no later than the end of the period of 14 days beginning on the date his entitlement to enter into such an agreement ceases.

(3)

An application under paragraph (2) shall specify—

(a)

the names and addresses of the parties to the dispute;

(b)

the grounds on which the applicant claims to be entitled to enter into a personal dental services agreement; and

(c)

the grounds for alleging default by the Primary Care Trust.

(4)

Article 7(3) to (16) shall apply to an application made under paragraph (2) subject to the modifications in paragraph (5).

(5)

In article 7—

(a)

in paragraphs (4) and (5), the references to notice of appeal shall be read as references to an application under this article; and

(b)

in paragraph (12)—

(i)

to a general dental services contract were to a personal dental services agreement,

(ii)

to GDS Contracts Regulations were to PDS Agreements Regulations, and

(iii)

to the contract were to the agreement.