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The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006

W.S.I. 2006/489 · Made 28 February 2006 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

NATIONAL HEALTH SERVICE, WALES

Made 28 February 2006

Coming into force 1 March 2006

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred by sections 28D, 28E and 126(4) of the National Health Service Act 1977f1 and section 4(5) of the National Health Service and Community Care Act 1990f2.

Annotations to the whole text

Footnotes

f1

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”); section 28E was inserted by section 22(1) of the 1997 Act and section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); and by the Health and Social Care Act 2001 (c. 15) (“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”. As regards Wales, the functions of the Secretary of State under sections 28D, 28E and 126(4) of the Act and section 4 of the 1990 Act were transferred to Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 66(5) and as read with section 40(1) of the NHS Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) and section 197(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”).

f2

1990 c. 19.

Contents

  1. Part 1: GENERAL
  2. 1Title, 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 qualifying bodies
  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. 13Mandatory and advanced mandatory services
  19. 14Units of orthodontic activity
  20. 15Under - provision of mandatory or advanced mandatory services, or units of orthodontic activity
  21. 16Domiciliary services and sedation services
  22. 17Finance
  23. 18Fees, charges and financial interests of the contractor
  24. 19Arrangements on termination
  25. 20Other contractual terms
  26. Part 6: RIGHT TO A GENERAL DENTAL SERVICES CONTRACT
  27. 21Right to a general dental services contract
  28. Part 7: TRANSITIONAL PROVISION
  29. 22Commencement of agreement
  30. Signature
  31. Schedule 1: ADDITIONAL SERVICES
  32. Part 1: ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES
  33. 1Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
  34. 2Referral services
  35. 3Sedation services
  36. Part 2: ORTHODONTIC SERVICES
  37. 4Patients to whom orthodontic services may be provided
  38. 5Orthodontic course of treatment
  39. 6Orthodontic treatment plans
  40. 7Monitoring outcomes
  41. 8Completion of orthodontic courses of treatment
  42. Schedule 2: PROVISION OF SERVICES: MANDATORY SERVICES, ADVANCED MANDATORY SERVICES AND UNITS OF ORTHODONTIC ACTIVITY
  43. 1MANDATORY SERVICES AND ADVANCED MANDATORY SERVICES
  44. Part 2: UNITS OF ORTHODONTIC ACTIVITY
  45. 3Paragraph 3
  46. Schedule 3: OTHER CONTRACTUAL TERMS
  47. Part 1: PATIENTS
  48. 1Persons to whom mandatory services or additional services are to be provided
  49. 2Patient preference of practitioner
  50. 3Violent patients
  51. 4Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
  52. 5Irrevocable breakdown in relationship between contractor and patient
  53. Part 2: PROVISION OF SERVICES
  54. 6Mandatory services
  55. 7Course of treatment
  56. 8Treatment plans
  57. 9Completion of courses of treatment
  58. 10Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
  59. 11Mixing of services provided under the agreement with private services
  60. 12Repair or replacement of restorations
  61. 13Premises, facilities and equipment
  62. 14Telephone services
  63. 14A– Cost of relevant calls
  64. 15National Institute for Clinical Excellence guidance
  65. 16Infection control
  66. 17Treatment under general anaesthesia: prohibition
  67. 17AWelsh Language
  68. Part 3: SUPPLY OF DRUGS AND PRESCRIBING
  69. 18General
  70. 19Supply of drugs
  71. 20Issue of prescription forms
  72. 21Excessive prescribing
  73. Part 4: PERSONS WHO PERFORM SERVICES
  74. 22Dental practitioners
  75. 23Dental care professionals
  76. 24Performers: further requirements
  77. 25Conditions for employment and engagement: dental practitioners performing dental services
  78. 26Conditions for employment and engagement: persons performing dental services other than dental practitioners
  79. 27Conditions for employment and engagement: all persons performing dental services
  80. 28Conditions for employment or engagement: persons assisting in the provision of services under the agreement
  81. 29Training
  82. 30Level of skill
  83. 31Appraisal and assessment
  84. 32Sub-contracting of clinical matters
  85. Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
  86. 33Patient records
  87. 34Confidentiality of personal data
  88. 35Patient information
  89. 36Provision of and access to information: the Relevant Body
  90. 37Requests for information from Community Health Councils Repealed
  91. 38Inquiries about prescriptions and referrals
  92. 39Notification of a course of treatment, orthodontic course of treatment etc.
  93. 40Annual report and review
  94. 41Notifications to the Relevant Body
  95. 42Notice provisions specific to an agreement with a qualifying body
  96. 43Notifications to patients following a variation of the agreement
  97. 44Entry and inspection by the Relevant Body
  98. 45Entry and inspection by members of Community Health Councils Repealed
  99. 46Entry and inspection by the Welsh Ministers
  100. Part 5A: Concerns Notified On or After 1 April 2011
  101. 46AParagraph 46A
  102. Part 6: COMPLAINTS
  103. 47Complaints received prior to 1 April 2011
  104. 48Making of complaints
  105. 49Period for making complaints
  106. 50Further requirements for complaints procedures
  107. 51Co-operation with investigations
  108. 52Provision of information
  109. Part 7: DISPUTE RESOLUTION
  110. 53Local resolution of agreement disputes
  111. 54Dispute resolution: non-NHS contracts
  112. 55NHS dispute resolution procedure
  113. 56Determination of dispute
  114. 57Interpretation of Part 7
  115. Part 8: MID-YEAR REVIEW OF ACTIVITY UNDER AGREEMENTS
  116. 58Mid-year reviews
  117. 59Action the Relevant Body can take following a mid-year review
  118. Part 9: VARIATION AND TERMINATION OF AGREEMENTS
  119. 60Paragraph 60
  120. 61Variation of an agreement: activity under the agreement
  121. 62Termination by agreement
  122. 63Termination on the death of an individual
  123. 64Termination by the contractor
  124. 65Late payment notices
  125. 66Termination by the Relevant Body: general provisions
  126. 67Termination by the Relevant Body: notice
  127. 68Termination by the Relevant Body for the provision of untrue etc. information
  128. 69Termination by the Relevant Body on grounds of suitability etc
  129. 70Termination by the Relevant Body: patient safety and material financial loss
  130. 71Termination by the Relevant Body: remedial notices and breach notices
  131. 72Termination by the Relevant Body: additional provisions specific to contracts with qualifying bodies
  132. 73Agreement sanctions
  133. 74Agreement sanctions and the NHS dispute resolution procedure
  134. 75Termination and the NHS dispute resolution procedure
  135. Part 10: MISCELLANEOUS
  136. 76Evidence of exemption under the Act
  137. 77Clinical governance arrangements
  138. 78Quality assurance system
  139. 79Insurance: negligent performance
  140. 80Public liability insurance
  141. 81Gifts
  142. 82Compliance with legislation and guidance
  143. 83Third party rights
  144. 84Signing of documents
  145. Schedule 4: PATIENT INFORMATION LEAFLET
  146. 1A practice leaflet will include—
  147. 2A practice leaflet will include—
  148. 3A practice leaflet will include—
  149. 4A practice leaflet will include—
  150. 5A practice leaflet will include—
  151. 6A practice leaflet will include—
  152. 7A practice leaflet will include—
  153. 8A practice leaflet will include—
  154. 9A practice leaflet will include—
  155. 10A practice leaflet will include—
  156. 11A practice leaflet will include—
  157. 12A practice leaflet will include—
  158. 13A practice leaflet will include—
  159. 14A practice leaflet will include—
  160. 15A practice leaflet will include—
  161. 16A practice leaflet will include—
  162. 17A practice leaflet will include—
  163. 18A practice leaflet will include—
  164. 19A practice leaflet will include—
  165. 20A practice leaflet will include—
  166. 21A practice leaflet will include—
  167. Schedule 5: MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A LOCAL HEALTH BOARD
  168. 1Paragraph 1
  169. 2Paragraph 2
  170. 3Paragraph 3
  171. Explanatory note