The National Health Service (General Dental Services Contracts) Regulations 2005
S.I. 2005/3361 · Made 6 December 2005 · Extends to England and Wales
NATIONAL HEALTH SERVICE, ENGLAND
Made 6th December 2005
Laid before Parliament 9th December 2005
Coming into force 1st January 2006
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred upon her by sections 28L, 28M, 28O, 28P and 126(4) of the National Health Service Act 1977 M1 and section 4(5) of the National Health Service and Community Care Act 1990 M2.
Annotations to the whole text
Marginal citations
- M1
1977 c. 49; sections 28L, 28M, 28O and 28P were inserted into the Act by section 172(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”); and section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 37(6) and the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), Schedule 5, paragraph 5(13)(b). See section 128(1) of the Act as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”.
- M2
Contents
- Part 1: GENERAL
- 1Citation, commencement and application
- 2Interpretation
- Part 2: CONTRACTORS
- 3Conditions: introductory
- 4General prescribed conditions relating to all contracts
- 5Additional prescribed conditions relating to contracts with dental corporations
- 6Reasons
- 7Appeal
- Part 3: PRE-CONTRACT DISPUTE RESOLUTION
- 8Pre-contract disputes
- Part 4: HEALTH SERVICE BODY STATUS
- 9Health service body status
- Part 5: CONTRACTS: REQUIRED TERMS
- 10Parties to the contract
- 11NHS contracts
- 12Contracts with individuals practising in partnership
- 13Duration
- 14Mandatory services
- 15Additional services
- 16Services: general
- 17Units of dental activity
- 17ARequired number of urgent treatments
- 17BComplex care pathways
- 18Units of orthodontic activity
- 18AUnits of dental activity for contractors who elect to enter into a prototype agreement
- 18BCapitated patient figures for contractors who elect to enter into a prototype agreement
- 18CCapitated patients
- 19Under provision of units of dental activity , units of orthodontic activity or required number of urgent treatments
- 20Domiciliary services and sedation services
- 21Finance
- 21APublication of information about earnings
- 22Fees, charges and financial interests of the contractor
- 23Arrangements on termination
- 24Other contractual terms
- 24AVariation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement Repealed
- 24BVariation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement Repealed
- 24CVariation of contractual terms in respect of election to enter into a prototype agreement
- 24DSuspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.
- Part 6: TRANSITIONAL PROVISION
- 25Commencement of contract
- Signature
- Schedule 1: ADDITIONAL SERVICES
- Part 1: ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES
- 1Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
- 2Referral services
- 3Sedation services
- Part 2: ORTHODONTIC SERVICES
- 4Patients to whom orthodontic services may be provided
- 5Orthodontic course of treatment
- 6Orthodontic treatment plans
- 7Monitoring outcomes
- 8Completion of orthodontic courses of treatment
- Schedule 2: PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY AND UNITS OF ORTHODONTIC ACTIVITY
- Part 1: UNITS OF DENTAL ACTIVITY
- 1Paragraph 1
- 1AParagraph 1A
- 1BParagraph 1B
- 2Paragraph 2
- Part 1A: Band 2 courses of treatment – sub-bands
- 2ASub-band 2a treatments
- 2BSub-band 2b treatments
- 2CSub-band 2c treatments
- Part 2: UNITS OF ORTHODONTIC ACTIVITY
- 3Paragraph 3
- Part 3: COMPLEX CARE PATHWAYS
- 4Care to be provided under a complex care pathway
- 5Care to be provided under a complex care pathway
- Schedule 2A: Provision of services: units of dental activity where a contractor has elected to enter into a prototype agreement
- 1Paragraph 1
- Schedule 3: OTHER CONTRACTUAL TERMS
- Part 1: PATIENTS
- 1Persons to whom mandatory services or additional services are to be provided
- 2Patient preference of practitioner
- 3Violent patients
- 4Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
- 5Irrevocable breakdown in relationship between contractor and patient
- 5AFriends and Family Test
- Part 2: PROVISION OF SERVICES
- 6Course of treatment
- 7Treatment plans
- 8Completion of courses of treatment
- 9Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
- 10Mixing of services provided under the contract with private services
- 11Repair or replacement of restorations
- 12Premises, facilities and equipment
- 13Telephone services
- 14National Institute for Clinical Excellence guidance
- 15Infection control
- 16Treatment under general anaesthesia: prohibition
- Part 3: SUPPLY OF DRUGS AND PRESCRIBING
- 17General
- 18Supply of drugs
- 19Issue of prescription forms
- 20Excessive prescribing
- Part 4: PERSONS WHO PERFORM SERVICES
- 21Dental practitioners
- 22Dental care professionals
- 23Performers: further requirements
- 24Conditions for employment and engagement: dental practitioners performing dental services
- 25Conditions for employment and engagement: persons performing dental services other than dental practitioners
- 26Conditions for employment and engagement: all persons performing dental services
- 27Conditions for employment or engagement: persons assisting in the provision of services under the contract
- 28Training
- 29Level of skill
- 30Appraisal and assessment
- 31Sub-contracting of clinical matters
- Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
- 32Patient records
- 33Confidentiality of personal data
- 34Patient information
- 34AInformation about the contractor’s practice
- 35Provision of and access to information: NHS England
- 36Requests for information from Patients' Forums Repealed
- 37Inquiries about prescriptions and referrals
- 38Notification of a course of treatment, orthodontic course of treatment etc.
- 38AComplex care pathway initial declaration
- 38BComplex care pathway interim declarations
- 38CSuspension of complex care pathways
- 38DDeclaration of incomplete complex care pathway
- 38EComplex care pathway final declaration
- 39Annual report and review
- 40Notification to NHS England
- 41Notice provisions specific to a contract with a dental corporation
- 42Notice provisions specific to a contract with two or more individuals practising in partnership
- 42BNotice provisions specific to a contract with a limited liability partnership
- 43Notification to patients following a variation of the contract
- 43ANotification provisions specific to prototype agreements
- 44Entry and inspection by NHS England
- 45Entry and inspection by members of Patients' Forums Repealed
- 46Entry and inspection by the Care Quality Commission
- 46AEntry and viewing by Local Healthwatch organisations
- Part 5A: Complaints received on or after 1st April 2009
- 46BParagraph 46B
- Part 6: COMPLAINTS
- 47Complaints procedure Repealed
- 48Making of complaints Repealed
- 49Period for making complaints Repealed
- 50Further requirements for complaints procedures Repealed
- 51Co-operation with investigations
- 52Provision of information
- Part 7: DISPUTE RESOLUTION
- 53Local resolution of contract disputes
- 54Dispute resolution: non-NHS contracts
- 55NHS dispute resolution procedure
- 56Determination of dispute
- 57Interpretation of Part 7
- Part 8: MID-YEAR REVIEW OF ACTIVITY UNDER CONTRACTS
- 58Mid-year reviews
- 59Action NHS England can take following a mid-year review
- Part 9: VARIATION AND TERMINATION OF CONTRACTS
- 60Variation of a contract: general
- 61Variation of a contract: activity under the contract
- 61AVariation of a contract: rebasing for persistent under performance
- 62Variation provisions specific to a contract with an individual dental practitioner
- 63Variation provisions specific to a contract with two or more individuals practising in partnership
- 64Termination by agreement
- 65Termination on the death of an individual dental practitioner
- 66Termination by the contractor
- 67Late payment notices
- 68Termination by NHS England: general
- 69Termination by NHS England: no longer eligible to enter into and breach of conditions of the contract
- 70Termination by NHS England for the provision of untrue etc. information
- 71Termination by NHS England on grounds of suitability etc.
- 72Termination by NHS England: patient safety and material financial loss
- 73Termination by NHS England: remedial notices and breach notices
- 74Termination by NHS England: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.
- 75Contract sanctions
- 76Contract sanctions and the NHS dispute resolution procedure
- 77Termination and the NHS dispute resolution procedure
- Part 10: MISCELLANEOUS
- 78Evidence of exemption under the Act
- 79Clinical governance arrangements
- 79ADuty as to education and training
- 80Quality assurance system
- 81Insurance: negligent performance
- 82Public liability insurance
- 83Gifts
- 84Compliance with legislation and guidance
- 85Third party rights
- 86Signing of documents
- Schedule 4: PATIENT INFORMATION LEAFLET
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Explanatory note