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The National Health Service (General Dental Services Contracts) Regulations 2005

S.I. 2005/3361 · Made 6 December 2005 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 23 June 2026.

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

1990 c. 19.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: CONTRACTORS
  5. 3Conditions: introductory
  6. 4General prescribed conditions relating to all contracts
  7. 5Additional prescribed conditions relating to contracts with dental corporations
  8. 6Reasons
  9. 7Appeal
  10. Part 3: PRE-CONTRACT DISPUTE RESOLUTION
  11. 8Pre-contract disputes
  12. Part 4: HEALTH SERVICE BODY STATUS
  13. 9Health service body status
  14. Part 5: CONTRACTS: REQUIRED TERMS
  15. 10Parties to the contract
  16. 11NHS contracts
  17. 12Contracts with individuals practising in partnership
  18. 13Duration
  19. 14Mandatory services
  20. 15Additional services
  21. 16Services: general
  22. 17Units of dental activity
  23. 17ARequired number of urgent treatments
  24. 17BComplex care pathways
  25. 18Units of orthodontic activity
  26. 18AUnits of dental activity for contractors who elect to enter into a prototype agreement
  27. 18BCapitated patient figures for contractors who elect to enter into a prototype agreement
  28. 18CCapitated patients
  29. 19Under provision of units of dental activity , units of orthodontic activity or required number of urgent treatments
  30. 20Domiciliary services and sedation services
  31. 21Finance
  32. 21APublication of information about earnings
  33. 22Fees, charges and financial interests of the contractor
  34. 23Arrangements on termination
  35. 24Other contractual terms
  36. 24AVariation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement Repealed
  37. 24BVariation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement Repealed
  38. 24CVariation of contractual terms in respect of election to enter into a prototype agreement
  39. 24DSuspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.
  40. Part 6: TRANSITIONAL PROVISION
  41. 25Commencement of contract
  42. Signature
  43. Schedule 1: ADDITIONAL SERVICES
  44. Part 1: ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES
  45. 1Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
  46. 2Referral services
  47. 3Sedation services
  48. Part 2: ORTHODONTIC SERVICES
  49. 4Patients to whom orthodontic services may be provided
  50. 5Orthodontic course of treatment
  51. 6Orthodontic treatment plans
  52. 7Monitoring outcomes
  53. 8Completion of orthodontic courses of treatment
  54. Schedule 2: PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY AND UNITS OF ORTHODONTIC ACTIVITY
  55. Part 1: UNITS OF DENTAL ACTIVITY
  56. 1Paragraph 1
  57. 1AParagraph 1A
  58. 1BParagraph 1B
  59. 2Paragraph 2
  60. Part 1A: Band 2 courses of treatment – sub-bands
  61. 2ASub-band 2a treatments
  62. 2BSub-band 2b treatments
  63. 2CSub-band 2c treatments
  64. Part 2: UNITS OF ORTHODONTIC ACTIVITY
  65. 3Paragraph 3
  66. Part 3: COMPLEX CARE PATHWAYS
  67. 4Care to be provided under a complex care pathway
  68. 5Care to be provided under a complex care pathway
  69. Schedule 2A: Provision of services: units of dental activity where a contractor has elected to enter into a prototype agreement
  70. 1Paragraph 1
  71. Schedule 3: OTHER CONTRACTUAL TERMS
  72. Part 1: PATIENTS
  73. 1Persons to whom mandatory services or additional services are to be provided
  74. 2Patient preference of practitioner
  75. 3Violent patients
  76. 4Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
  77. 5Irrevocable breakdown in relationship between contractor and patient
  78. 5AFriends and Family Test
  79. Part 2: PROVISION OF SERVICES
  80. 6Course of treatment
  81. 7Treatment plans
  82. 8Completion of courses of treatment
  83. 9Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
  84. 10Mixing of services provided under the contract with private services
  85. 11Repair or replacement of restorations
  86. 12Premises, facilities and equipment
  87. 13Telephone services
  88. 14National Institute for Clinical Excellence guidance
  89. 15Infection control
  90. 16Treatment under general anaesthesia: prohibition
  91. Part 3: SUPPLY OF DRUGS AND PRESCRIBING
  92. 17General
  93. 18Supply of drugs
  94. 19Issue of prescription forms
  95. 20Excessive prescribing
  96. Part 4: PERSONS WHO PERFORM SERVICES
  97. 21Dental practitioners
  98. 22Dental care professionals
  99. 23Performers: further requirements
  100. 24Conditions for employment and engagement: dental practitioners performing dental services
  101. 25Conditions for employment and engagement: persons performing dental services other than dental practitioners
  102. 26Conditions for employment and engagement: all persons performing dental services
  103. 27Conditions for employment or engagement: persons assisting in the provision of services under the contract
  104. 28Training
  105. 29Level of skill
  106. 30Appraisal and assessment
  107. 31Sub-contracting of clinical matters
  108. Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  109. 32Patient records
  110. 33Confidentiality of personal data
  111. 34Patient information
  112. 34AInformation about the contractor’s practice
  113. 35Provision of and access to information: NHS England
  114. 36Requests for information from Patients' Forums Repealed
  115. 37Inquiries about prescriptions and referrals
  116. 38Notification of a course of treatment, orthodontic course of treatment etc.
  117. 38AComplex care pathway initial declaration
  118. 38BComplex care pathway interim declarations
  119. 38CSuspension of complex care pathways
  120. 38DDeclaration of incomplete complex care pathway
  121. 38EComplex care pathway final declaration
  122. 39Annual report and review
  123. 40Notification to NHS England
  124. 41Notice provisions specific to a contract with a dental corporation
  125. 42Notice provisions specific to a contract with two or more individuals practising in partnership
  126. 42BNotice provisions specific to a contract with a limited liability partnership
  127. 43Notification to patients following a variation of the contract
  128. 43ANotification provisions specific to prototype agreements
  129. 44Entry and inspection by NHS England
  130. 45Entry and inspection by members of Patients' Forums Repealed
  131. 46Entry and inspection by the Care Quality Commission
  132. 46AEntry and viewing by Local Healthwatch organisations
  133. Part 5A: Complaints received on or after 1st April 2009
  134. 46BParagraph 46B
  135. Part 6: COMPLAINTS
  136. 47Complaints procedure Repealed
  137. 48Making of complaints Repealed
  138. 49Period for making complaints Repealed
  139. 50Further requirements for complaints procedures Repealed
  140. 51Co-operation with investigations
  141. 52Provision of information
  142. Part 7: DISPUTE RESOLUTION
  143. 53Local resolution of contract disputes
  144. 54Dispute resolution: non-NHS contracts
  145. 55NHS dispute resolution procedure
  146. 56Determination of dispute
  147. 57Interpretation of Part 7
  148. Part 8: MID-YEAR REVIEW OF ACTIVITY UNDER CONTRACTS
  149. 58Mid-year reviews
  150. 59Action NHS England can take following a mid-year review
  151. Part 9: VARIATION AND TERMINATION OF CONTRACTS
  152. 60Variation of a contract: general
  153. 61Variation of a contract: activity under the contract
  154. 61AVariation of a contract: rebasing for persistent under performance
  155. 62Variation provisions specific to a contract with an individual dental practitioner
  156. 63Variation provisions specific to a contract with two or more individuals practising in partnership
  157. 64Termination by agreement
  158. 65Termination on the death of an individual dental practitioner
  159. 66Termination by the contractor
  160. 67Late payment notices
  161. 68Termination by NHS England: general
  162. 69Termination by NHS England: no longer eligible to enter into and breach of conditions of the contract
  163. 70Termination by NHS England for the provision of untrue etc. information
  164. 71Termination by NHS England on grounds of suitability etc.
  165. 72Termination by NHS England: patient safety and material financial loss
  166. 73Termination by NHS England: remedial notices and breach notices
  167. 74Termination by NHS England: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.
  168. 75Contract sanctions
  169. 76Contract sanctions and the NHS dispute resolution procedure
  170. 77Termination and the NHS dispute resolution procedure
  171. Part 10: MISCELLANEOUS
  172. 78Evidence of exemption under the Act
  173. 79Clinical governance arrangements
  174. 79ADuty as to education and training
  175. 80Quality assurance system
  176. 81Insurance: negligent performance
  177. 82Public liability insurance
  178. 83Gifts
  179. 84Compliance with legislation and guidance
  180. 85Third party rights
  181. 86Signing of documents
  182. Schedule 4: PATIENT INFORMATION LEAFLET
  183. Paragraph
  184. 1Paragraph 1
  185. 2Paragraph 2
  186. 2AParagraph 2A
  187. 3Paragraph 3
  188. 4Paragraph 4
  189. 5Paragraph 5
  190. 6Paragraph 6
  191. 7Paragraph 7
  192. 8Paragraph 8
  193. 9Paragraph 9
  194. 10Paragraph 10
  195. 11Paragraph 11
  196. 12Paragraph 12
  197. 13Paragraph 13
  198. 14Paragraph 14
  199. 15Paragraph 15
  200. 16Paragraph 16 Repealed
  201. 17Paragraph 17
  202. 18Paragraph 18
  203. 19Paragraph 19
  204. 20Paragraph 20
  205. 21Paragraph 21
  206. Explanatory note