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
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
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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
Contents
- Part 1: GENERAL
- 1Title, commencement and application
- 2Interpretation
- Part 2: CONTRACTORS
- 3Conditions: introductory
- 4General conditions relating to all agreements
- 5Additional conditions relating to agreements with qualifying bodies
- 6Reasons
- 7Appeal
- Part 3: PRE-AGREEMENT DISPUTE RESOLUTION
- 8Pre-agreement disputes
- Part 4: HEALTH SERVICE BODY STATUS
- 9Health service body status
- Part 5: AGREEMENTS: REQUIRED TERMS
- 10NHS contracts
- 11Additional services
- 12Agreements: general
- 13Mandatory and advanced mandatory services
- 14Units of orthodontic activity
- 15Under - provision of mandatory or advanced mandatory services, or units of orthodontic activity
- 16Domiciliary services and sedation services
- 17Finance
- 18Fees, charges and financial interests of the contractor
- 19Arrangements on termination
- 20Other contractual terms
- Part 6: RIGHT TO A GENERAL DENTAL SERVICES CONTRACT
- 21Right to a general dental services contract
- Part 7: TRANSITIONAL PROVISION
- 22Commencement of agreement
- Signature
- Schedule 1: ADDITIONAL SERVICES
- Part 1: ADVANCED MANDATORY SERVICES, DOMICILIARY SERVICES AND SEDATION SERVICES
- 1Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
- 2Referral services
- 3Sedation services
- Part 2: ORTHODONTIC SERVICES
- 4Patients to whom orthodontic services may be provided
- 5Orthodontic course of treatment
- 6Orthodontic treatment plans
- 7Monitoring outcomes
- 8Completion of orthodontic courses of treatment
- Schedule 2: PROVISION OF SERVICES: MANDATORY SERVICES, ADVANCED MANDATORY SERVICES AND UNITS OF ORTHODONTIC ACTIVITY
- 1MANDATORY SERVICES AND ADVANCED MANDATORY SERVICES
- Part 2: UNITS OF ORTHODONTIC ACTIVITY
- 3Paragraph 3
- Schedule 3: OTHER CONTRACTUAL TERMS
- Part 1: PATIENTS
- 1Persons to whom mandatory services or additional services are to be provided
- 2Patient preference of practitioner
- 3Violent patients
- 4Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
- 5Irrevocable breakdown in relationship between contractor and patient
- Part 2: PROVISION OF SERVICES
- 6Mandatory services
- 7Course of treatment
- 8Treatment plans
- 9Completion of courses of treatment
- 10Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services
- 11Mixing of services provided under the agreement with private services
- 12Repair or replacement of restorations
- 13Premises, facilities and equipment
- 14Telephone services
- 14A– Cost of relevant calls
- 15National Institute for Clinical Excellence guidance
- 16Infection control
- 17Treatment under general anaesthesia: prohibition
- 17AWelsh Language
- Part 3: SUPPLY OF DRUGS AND PRESCRIBING
- 18General
- 19Supply of drugs
- 20Issue of prescription forms
- 21Excessive prescribing
- Part 4: PERSONS WHO PERFORM SERVICES
- 22Dental practitioners
- 23Dental care professionals
- 24Performers: further requirements
- 25Conditions for employment and engagement: dental practitioners performing dental services
- 26Conditions for employment and engagement: persons performing dental services other than dental practitioners
- 27Conditions for employment and engagement: all persons performing dental services
- 28Conditions for employment or engagement: persons assisting in the provision of services under the agreement
- 29Training
- 30Level of skill
- 31Appraisal and assessment
- 32Sub-contracting of clinical matters
- Part 5: RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY
- 33Patient records
- 34Confidentiality of personal data
- 35Patient information
- 36Provision of and access to information: the Relevant Body
- 37Requests for information from Community Health Councils Repealed
- 38Inquiries about prescriptions and referrals
- 39Notification of a course of treatment, orthodontic course of treatment etc.
- 40Annual report and review
- 41Notifications to the Relevant Body
- 42Notice provisions specific to an agreement with a qualifying body
- 43Notifications to patients following a variation of the agreement
- 44Entry and inspection by the Relevant Body
- 45Entry and inspection by members of Community Health Councils Repealed
- 46Entry and inspection by the Welsh Ministers
- Part 5A: Concerns Notified On or After 1 April 2011
- 46AParagraph 46A
- Part 6: COMPLAINTS
- 47Complaints received prior to 1 April 2011
- 48Making of complaints
- 49Period for making complaints
- 50Further requirements for complaints procedures
- 51Co-operation with investigations
- 52Provision of information
- Part 7: DISPUTE RESOLUTION
- 53Local resolution of agreement disputes
- 54Dispute resolution: non-NHS contracts
- 55NHS dispute resolution procedure
- 56Determination of dispute
- 57Interpretation of Part 7
- Part 8: MID-YEAR REVIEW OF ACTIVITY UNDER AGREEMENTS
- 58Mid-year reviews
- 59Action the Relevant Body can take following a mid-year review
- Part 9: VARIATION AND TERMINATION OF AGREEMENTS
- 60Paragraph 60
- 61Variation of an agreement: activity under the agreement
- 62Termination by agreement
- 63Termination on the death of an individual
- 64Termination by the contractor
- 65Late payment notices
- 66Termination by the Relevant Body: general provisions
- 67Termination by the Relevant Body: notice
- 68Termination by the Relevant Body for the provision of untrue etc. information
- 69Termination by the Relevant Body on grounds of suitability etc
- 70Termination by the Relevant Body: patient safety and material financial loss
- 71Termination by the Relevant Body: remedial notices and breach notices
- 72Termination by the Relevant Body: additional provisions specific to contracts with qualifying bodies
- 73Agreement sanctions
- 74Agreement sanctions and the NHS dispute resolution procedure
- 75Termination and the NHS dispute resolution procedure
- Part 10: MISCELLANEOUS
- 76Evidence of exemption under the Act
- 77Clinical governance arrangements
- 78Quality assurance system
- 79Insurance: negligent performance
- 80Public liability insurance
- 81Gifts
- 82Compliance with legislation and guidance
- 83Third party rights
- 84Signing of documents
- Schedule 4: PATIENT INFORMATION LEAFLET
- 1A practice leaflet will include—
- 2A practice leaflet will include—
- 3A practice leaflet will include—
- 4A practice leaflet will include—
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- 18A practice leaflet will include—
- 19A practice leaflet will include—
- 20A practice leaflet will include—
- 21A practice leaflet will include—
- Schedule 5: MODIFICATION OF PATIENT PROVISIONS WHERE THE CONTRACTOR IS A LOCAL HEALTH BOARD
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Explanatory note