{
  "url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-38",
  "json_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-38.json",
  "legislation": "uksi/2005/3361",
  "legislation_title": "The National Health Service (General Dental Services Contracts) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005",
  "path": "schedule/3/paragraph/38",
  "kind": "paragraph",
  "number": "38",
  "heading": "Notification of a course of treatment, orthodontic course of treatment etc.",
  "text": "(1) The contractor shall, within two months of the date upon which—\n(a) it completes a course of treatment in respect of mandatory or additional services;\n(b) it completes a case assessment in respect of an orthodontic course of treatment that does not lead to a course of treatment;\n(c) it provides an orthodontic appliance following a case assessment in respect of orthodontic treatment;\n(d) it completes a course of treatment in respect of orthodontic treatment;\n(e) a course of treatment in respect of mandatory services or additional services or orthodontic course of treatment is terminated; or\n(f) in respect of courses not falling within sub-paragraph (d) or (e), no more services can be provided by virtue of paragraph 5(4)(b) of Schedule 1 (orthodontic course of treatment) or paragraph 6(4)(b) of this Schedule,\nsubject to sub-paragraph (4), send to NHS England by means of electronic submission, the information specified in sub-paragraph (2).\n(2) The information referred to in sub-paragraph (1) comprise of—\n(a) details of the patient to whom it provides services;\n(b) details of the services provided (including any appliances provided) to that patient;\n(c) details of any NHS Charge payable (and paid) by that patient; and\n(d) in the case of a patient who is exempt from NHS Charges, the information required under sub-paragraph (3).\n(3) In the case of a patient who is exempt from NHS Charges, the contractor must provide NHS England (or a person authorised on NHS England's behalf) with—\n(a) such details of that exemption as NHS England may reasonably request; and\n(b) the written declaration.\n(4) NHS England may accept submission of the information mentioned in sub-paragraph (2) in paper form in such exceptional circumstances as NHS England may reasonably determine.\n(4A) This paragraph does not apply to a course of treatment that is a complex care pathway.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 3 para. 38(1) substituted (1.5.2019) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(3), 2(3)(a) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 3 para. 38(2)(d) substituted (1.5.2019) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(3), 2(3)(b) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 3 para. 38(3)-(5) inserted (1.5.2019) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(3), 2(3)(c) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 3 para. 38(4A) inserted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 10(11)(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 3 para. 38(5) omitted (23.6.2026) by virtue of The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 10(11)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/38",
    "retrieved_at": "2026-10-29T04:41:21.795162+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}