Paragraph 83 Gifts

England and Wales

(1)

The contractor shall keep a register of gifts which are given to any of the persons specified in sub-paragraph (2) by or on behalf of—

(a)

a patient;

(b)

a relative of a patient; or

(c)

any person who provides or wishes to provide services to the contractor or its patients in connection with the contract,

and have, in its reasonable opinion, an individual value of more than £100.00.

(2)

The persons referred to in sub-paragraph (1) are—

(a)

the contractor;

(b)

where the contract is with two or more individuals practising in partnership, any partner;

(ba)

F1where the contract is with a limited liability partnership, a member of that limited liability partnership;

(c)

where the contract is with a dental corporation a director, chief executive or secretary of the corporation;

(d)

any person employed by the contractor for the purposes of the contract;

(e)

any dental practitioner engaged by the contractor for the purposes of the contract;

(f)

any spouse or civil partner of a contractor (where the contractor is an individual dental practitioner) or of a person specified in paragraphs (b) to (e); or

(g)

any person whose relationship with the contractor (where the contractor is an individual dental practitioner) or with a person specified in paragraphs (b) to (e) has the characteristics of the relationship between husband and wife or civil partners.

(3)

Sub-paragraph (1) does not apply where—

(a)

there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the contractor;

(b)

the contractor is not aware of the gift; or

(c)

in a case falling within sub-paragraph (1)(c), the contractor is not aware that the donor wishes to provide services to the contractor.

(4)

The contractor shall take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1) and which are given to any of the persons specified in sub-paragraph (2)(b) to (2)(g).

(5)

The register referred to in sub-paragraph (1) shall include the following information—

(a)

the name of the donor;

(b)

in a case where the donor is a patient, the patient's National Health Service number or, if the number is not known, his address;

(c)

in any other case, the address of the donor;

(d)

the nature of the gift;

(e)

the estimated value of the gift; and

(f)

the name of the person or persons who received the gift.

(6)

The contractor shall make the register available to F2NHS England on request.

Annotations

Textual amendments

F1: Sch. 3 para. 83(2)(ba) inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(53)(a) (with Sch. 1)
F2: 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