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The National Health Service (Personal Dental Services Agreements) Regulations 2005

S.I. 2005/3373 · Made 7 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 7th 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 28D, 28E 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; section 28D was inserted by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”); and is amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 65(1) and Schedule 4, paragraphs 4 and 16(a); the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 4(3), Schedule 3, paragraph 7(3); and the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”), section 177(1) to (6) and section 184 and Schedule 11, paragraph 15. Section 28E is inserted by section 22(1) of the 1997 Act; and amended by the 1999 Act, section 65(2) and Schedule 5; the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 27(5)(a); the 2002 Act, section 4(3) and Schedule 3, paragraph 8; and the 2003 Act, section 177(7) to (11). Section 126(4) is amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); the 1999 Act, Schedule 4, paragraph 37(6); and 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 conditions relating to all agreements
  7. 5Additional conditions relating to agreements with dental corporations or companies limited by shares
  8. 6Reasons
  9. 7Appeal
  10. Part 3: PRE-AGREEMENT DISPUTE RESOLUTION
  11. 8Pre-agreement disputes
  12. Part 4: HEALTH SERVICE BODY STATUS
  13. 9Health service body status
  14. Part 5: AGREEMENTS: REQUIRED TERMS
  15. 10NHS contracts
  16. 11Additional services
  17. 12Agreements: general
  18. 13Units of dental activity
  19. 13ARequired number of urgent treatments
  20. 13BComplex care pathways
  21. 14Units of orthodontic activity
  22. 14AUnits of dental activity for contractors who elect to enter into a prototype agreement
  23. 14BCapitated patient figures for contractors who elect to enter into a prototype agreement
  24. 14CCapitated patients
  25. 15Under-provision of units of dental activity, units of orthodontic activity or required number of urgent treatments
  26. 16Domiciliary services and sedation services
  27. 17Finance
  28. 17APublication of information about earnings
  29. 18Fees, charges and financial interests of the contractor
  30. 19Arrangements on termination
  31. 20Other contractual terms
  32. 20AVariation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement Repealed
  33. 20BVariation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement Repealed
  34. 20CVariation of contractual terms in respect of election to enter into a prototype agreement
  35. 20DSuspension of agreement terms or of enforcement of agreement terms while a disease is or in anticipation of a disease being imminently pandemic etc.
  36. Part 6: RIGHT TO A GENERAL DENTAL SERVICES CONTRACT
  37. 21Right to a general dental services contract
  38. Part 7: TRANSITIONAL PROVISION
  39. 22Commencement of agreement
  40. Signature
  41. Schedule 1: NHS England’sADDITIONAL SERVICES
  42. Part 1: ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES
  43. 1Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
  44. 2Referral services
  45. 3Sedation services
  46. Part 2: ORTHODONTIC SERVICES
  47. 4Patients to whom orthodontic services may be provided
  48. 5Orthodontic course of treatment
  49. 6Orthodontic treatment plans
  50. 7Monitoring outcomes
  51. 8Completion of orthodontic courses of treatment
  52. Schedule 2: PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY AND UNITS OF ORTHODONTIC ACTIVITY
  53. Part 1: UNITS OF DENTAL ACTIVITY
  54. 1Paragraph 1
  55. 1AParagraph 1A
  56. 1BParagraph 1B
  57. 2Paragraph 2
  58. Part 1A: Band 2 courses of treatment – sub-bands
  59. 2ASub-band 2a treatments
  60. 2BSub-band 2b treatments
  61. 2CSub-band 2c treatments
  62. Part 2: UNITS OF ORTHODONTIC ACTIVITY
  63. 3Paragraph 3
  64. Part 3: COMPLEX CARE PATHWAYS
  65. 4Care to be provided under a complex care pathway
  66. 5Care to be provided under a complex care pathway
  67. Schedule 2A: PROVISION OF SERVICES: UNITS OF DENTAL ACTIVITY WHERE A CONTRACTOR HAS ELECTED TO ENTER INTO A PROTOTYPE AGREEMENT
  68. 1Paragraph 1
  69. Schedule 3: OTHER CONTRACTUAL TERMS
  70. Part 1: PATIENTS
  71. 1Persons to whom mandatory services or additional services are to be provided
  72. 2Patient preference of practitioner
  73. 3Violent patients
  74. 4Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
  75. 5Irrevocable breakdown in relationship between contractor and patient
  76. 5AFriends and Family Test
  77. Part 2: PROVISION OF SERVICES
  78. 6Mandatory services
  79. 7Course of treatment
  80. 8Treatment plans
  81. 9Completion of courses of treatment
  82. 10Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
  83. 11Mixing of services provided under the agreement with private services
  84. 12Repair or replacement of restorations
  85. 13Premises, facilities and equipment
  86. 14Telephone services
  87. 15National Institute for Clinical Excellence guidance
  88. 16Infection control
  89. 17Treatment under general anaesthesia: prohibition
  90. Part 3: SUPPLY OF DRUGS AND PRESCRIBING
  91. 18General
  92. 19Supply of drugs
  93. 20Issue of prescription forms
  94. 21Excessive prescribing
  95. Part 4: PERSONS WHO PERFORM SERVICES
  96. 22Dental Practitioners
  97. 23Dental care professionals
  98. 24Performers: further requirements
  99. 25Conditions for employment and engagement: dental practitioners performing dental services
  100. 26Conditions for employment and engagement: persons performing dental services other than dental practitioners
  101. 27Conditions for employment and engagement: all persons performing dental services
  102. 28Conditions for employment or engagement: persons assisting in the provision of services under the agreement
  103. 29Training
  104. 30Level of skill
  105. 31Appraisal and assessment
  106. 32Sub-contracting of clinical matters
  107. Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  108. 33Patient records
  109. 34Confidentiality of personal data
  110. 35Patient information
  111. 35AInformation about the contractor’s practice
  112. 36Provision of and access to information: NHS England
  113. 37Requests for information from Patients' Forums Repealed
  114. 38Inquiries about prescriptions and referrals
  115. 39Notification of a course of treatment, orthodontic course of treatment etc.
  116. 39AComplex care pathway initial declaration
  117. 39BComplex care pathway interim declarations
  118. 39CSuspension of complex care pathways
  119. 39DDeclaration of incomplete complex care pathway
  120. 39EComplex care pathway final declaration
  121. 40Annual report and review
  122. 41Notifications to NHS England
  123. 42Notice provisions specific to an agreement with a dental corporation
  124. 42ANotice provisions specific to an agreement with a company limited by shares
  125. 42BNotice provisions specific to an agreement with a limited liability partnership
  126. 43Notifications to patients following a variation of the agreement
  127. 43ANotification provisions specific to prototype agreements
  128. 44Entry and inspection by NHS England
  129. 45Entry and inspection by members of Patients' Forums Repealed
  130. 46Entry and inspection by the Care Quality Commission
  131. 46AEntry and viewing by Local Healthwatch organisations
  132. Part 5A: COMPLAINTS RECEIVED ON OR AFTER 1ST APRIL 2009
  133. 46BParagraph 46B
  134. Part 6: COMPLAINTS
  135. 47Complaints procedure Repealed
  136. 48Making of complaints Repealed
  137. 49Period for making complaints Repealed
  138. 50Further requirements for complaints procedures Repealed
  139. 51Co-operation with investigations
  140. 52Provision of information
  141. Part 7: DISPUTE RESOLUTION
  142. 53Local resolution of agreement disputes
  143. 54Dispute resolution: non-NHS contracts
  144. 55NHS dispute resolution procedure
  145. 56Determination of dispute
  146. 57Interpretation of Part 7
  147. Part 8: MID-YEAR REVIEW OF ACTIVITY UNDER AGREEMENTS
  148. 58Mid-year reviews
  149. 59Action NHS England can take following a mid-year review
  150. Part 9: VARIATION AND TERMINATION OF AGREEMENTS
  151. 60Paragraph 60
  152. 61Variation of an agreement: activity under the agreement
  153. 61AVariation of an agreement: rebasing for persistent under performance
  154. 62Termination by agreement
  155. 63Termination on the death of an individual
  156. 64Termination by the contractor
  157. 65Late payment notices
  158. 66Termination by NHS England: general provisions
  159. 67Termination by NHS England: notice
  160. 68Termination by NHS England for the provision of untrue etc. information
  161. 69Termination by NHS England on grounds of suitability etc.
  162. 70Termination by NHS England: patient safety and material financial loss
  163. 71Termination by NHS England: remedial notices and breach notices
  164. 72Termination by NHS England: additional provisions specific to contracts with dental corporations, companies limited by shares and limited liability partnerships
  165. 73Agreement sanctions
  166. 74Agreement sanctions and the NHS dispute resolution procedure
  167. 75Termination and the NHS dispute resolution procedure
  168. Part 10: MISCELLANEOUS
  169. 76Evidence of exemption under the Act
  170. 77Clinical governance arrangements
  171. 77ADuty as to education and training
  172. 78Quality assurance system
  173. 79Insurance: negligent performance
  174. 80Public liability insurance
  175. 81Gifts
  176. 82Compliance with legislation and guidance
  177. 83Third party rights
  178. 84Signing of documents
  179. Schedule 4: PATIENT INFORMATION LEAFLET
  180. Paragraph
  181. 1Paragraph 1
  182. 2Paragraph 2
  183. 2AParagraph 2A
  184. 2BParagraph 2B
  185. 3Paragraph 3
  186. 4Paragraph 4
  187. 5Paragraph 5
  188. 6Paragraph 6
  189. 7Paragraph 7
  190. 8Paragraph 8
  191. 9Paragraph 9
  192. 10Paragraph 10
  193. 11Paragraph 11
  194. 12Paragraph 12
  195. 13Paragraph 13
  196. 14Paragraph 14
  197. 15Paragraph 15 Repealed
  198. 16Paragraph 16
  199. 17Paragraph 17
  200. 18Paragraph 18
  201. 19Paragraph 19
  202. 20Paragraph 20
  203. 21Paragraph 21
  204. Schedule 5: MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A PRIMARY CARE TRUST Repealed
  205. 1Paragraph 1 Repealed
  206. 2Paragraph 2 Repealed
  207. 3Paragraph 3 Repealed
  208. Explanatory note