{
  "url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-59",
  "json_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-59.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/59",
  "kind": "paragraph",
  "number": "59",
  "heading": "Action NHS England can take following a mid-year review",
  "text": "(1) Where, following the mid-year review and the sending of the final record of that review to the contractor, NHS England, having taken account of any evidence or reasons put forward by the contractor at that review, nevertheless has serious concerns that the contractor is unlikely to provide the number of—\n(a) units of dental activity; ...\n(b) units of orthodontic activity; or\n(c) urgent treatments,\nthat it is required to provide by the end of the financial year, NHS England shall be entitled to take either or both of the steps specified in sub-paragraph (2).\n(2) NHS England may—\n(a) require the contractor to comply with a written plan drawn up by NHS England to ensure that the level of activity during the remainder of the financial year is such that the contractor will provide the number of units of dental activity , units of orthodontic activity or urgent treatments it is required to provide; or\n(b) withhold monies payable under the contract.\n(3) The maximum amount that may be withheld pursuant to sub-paragraph (2)(b) is—\n(a) the amount that is payable under the contract in respect of the number of units of dental activity , units of orthodontic activity or urgent treatments required to be provided in a financial year, less\n(b) the amount that would be payable under the contract as a relevant proportion of that amount if the contractor provided in the whole of the financial year only twice the number of units of dental activity , units of orthodontic activity or urgent treatments that he provided between 1st April and 30th September.\n(4) Nothing in this paragraph shall prevent NHS England and the contractor agreeing to vary the contract in accordance with paragraph 61 to adjust—\n(a) the level of activity to be provided under the contract; or\n(b) the monies to be paid by NHS England to the contractor under the contract.\n(5) Where NHS England withholds monies under to paragraph (2), it shall ensure that it pays the withheld monies to the contractor as soon as possible following the end of the financial year where the contractor has—\n(a) provided the number of units of dental activity , units of orthodontic activity or urgent treatments required to be provided; or\n(b) failed to provide that number of units of dental activity , units of orthodontic activity or urgent treatments, but that failure amounts to 4 per cent or less of the total number of units of dental activity or , units of orthodontic activity or urgent treatments that ought to have been provided during that financial year (and therefore regulation 19 applies).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "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": "F2",
      "text": "Word in Sch. 3 para. 59(1) omitted (1.4.2026) by virtue of The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 3 para. 59(1)(b) substituted (1.4.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 3 para. 59(1)(c) inserted (1.4.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(c)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 3 para. 59(2)(a) substituted (1.4.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(d)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 3 para. 59(3)(a) substituted (1.4.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(d)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 3 para. 59(3)(b) substituted (1.4.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(e)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Sch. 3 para. 59(5) substituted (1.4.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026 (S.I. 2026/265), regs. 1(2), 7(4)(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/59",
    "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."
}