# The National Health Service (General Dental Services Contracts) Regulations 2005, Regulation 19: Under provision of units of dental activity , units of orthodontic activity or required number of urgent treatments

Extent: E+W

(1) The contract shall provide that NHS England shall not pursuant to Part 9 of Schedule 3 (variation and termination of agreements) be entitled to take any action for breach of a term of the contract giving effect to regulation 17 , 17A or 18 (including termination of the contract) where paragraph (2) applies.
(2) Subject to paragraph (4), this paragraph applies where the contractor has failed to provide—
(a) the number of units of dental activity ...; ...
(b) the number of units of orthodontic activity, or
(c) the required number of urgent treatments,
it is contracted to provide pursuant to a term of the contract giving effect to regulation 17 , 17A or 18 (as the case may be) where—
(i) that failure amounts to 4 per cent or less of the total number of units of dental activity referred to in sub-paragraph (a) , units of orthodontic activity or the required number of urgent treatments (as the case may be) that ought to have been provided during a financial year; and
(ii) the contractor agrees to provide and does so provide the units or urgent treatments it has failed to provide within such period as NHS England specifies in writing, such period to consist of not less than 60 days.
(3) Paragraphs (1) and (2) shall not prevent NHS England from taking action under Part 9 of Schedule 3 for breach of contract (including terminating the contract) on other grounds.
(4) In the case of a temporary contract the reference to a period of not less than 60 days in paragraph (2)(ii) may not apply if NHS England considers it not appropriate or considers another period of less than 60 days should apply.

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Source: https://www.legislation.gov.uk/uksi/2005/3361/regulation/19 (the official version)
Page: https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.