# The General Dental Services and Personal Dental Services Transitional Provisions Order 2005, Note: Explanatory note


(This note is not part of the Order)
This Order makes transitory and transitional provisions relating to—
(a) the new arrangements on 1st April 2006 for the provision of general dental services under section 28L of the National Health Service Act 1977 (“the 1977 Act”) in respect of general dental services contracts entered into under section 28K of that Act (as inserted by section 172(1) of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”)); and
(b) the abolition on 31st March 2006 of pilot schemes for personal dental services by section 178 of the 2003 Act and their replacement from 1st April 2006 with permanent arrangements for personal dental services under section 28C of the 1977 Act (personal medical or dental services).
Part 2 of the Order relates to general dental services contracts. Chapter 1 of Part 2 sets out the circumstances in which those currently providing general dental services and personal dental services will be entitled to enter into a general dental services contract (articles 3 to 6). Article 7 provides a right of appeal to the Secretary of State where a Primary Care Trust refuses to enter into a general dental services contract because it is not satisfied that the criteria relating to suspended dental practitioners are met. Article 8 makes provision in relation to the duration of entitlement to a general dental services contract in the case of a suspended dental practitioner who has appealed under article 7 and of dental practitioners who are performing relevant service (certain service in the armed forces). Article 9 provides a right of appeal where a contract is not entered into because of a failure to act by a Primary Care Trust. Chapter 2 of Part 2 makes provision in relation to general dental services contracts entered into under Chapter 1.
Part 3 of the Order relates to personal dental services agreements. Chapter 1 of Part 3 sets out the circumstances in which those currently providing general dental services and personal dental services will be entitled to enter into a personal dental services agreement (articles 14 to 17). Article 18 provides a right of appeal to the Secretary of State where a Primary Care Trust refuses to enter into a personal dental services agreement for the provision of orthodontic care and treatment because it is not satisfied that the criteria relating to suspended dental practitioners are met. Article 19 makes provision in relation to the duration of entitlement to a general dental services contract in the case of a suspended dental practitioner who has appealed under article 18 and of dental practitioners who are performing relevant service. Article 20 provides a right of appeal where an agreement is not entered into because of a failure to act by a Primary Care Trust. Chapter 2 of Part 3 makes provision in relation to personal dental services agreements entered into under Chapter 1.
Part 4 includes transitory provisions relating to current arrangements for general dental services under section 35 of the 1977 Act and pilot schemes, in particular with regard to treatment plans.
A Regulatory Impact Assessment has been prepared in respect of the National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373) and the National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361) and copies have been placed in the library of each House of Parliament. A copy of the Regulatory Impact Assessment can be obtained from www.dh.gov.uk/ria.

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Source: https://www.legislation.gov.uk/uksi/2005/3435/note (the official version)
Page: https://openlegislation.uk/general-dental-services-and-personal-dental-services-transitional-provisions-order-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.