{
  "url": "https://openlegislation.uk/national-health-service-primary-dental-services-amendment-regulations-2023/note",
  "json_url": "https://openlegislation.uk/national-health-service-primary-dental-services-amendment-regulations-2023/note.json",
  "legislation": "uksi/2023/554",
  "legislation_title": "The National Health Service (Primary Dental Services) (Amendment) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/national-health-service-primary-dental-services-amendment-regulations-2023",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make amendments to the National Health Service (General Dental Services Contracts) Regulations 2005 (S.I 2005/3361) (“the GDS Contracts Regulations”) and the National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I 2005/3373) (“the PDS Agreements Regulations”).\nRegulation 2(2)(a) for GDS contracts, and regulation 3(2)(a) for PDS agreements, permit a unilateral variation (or rebasing) of the contract or agreement by NHS England, where paragraph 61A (variation of the contract: rebasing for persistent under performance) of Schedule 3 to the GDS Contracts Regulations and PDS Agreements Regulations applies.\nRegulation 2(2)(b) for GDS contracts, and regulation 3(2)(b) for PDS agreements, insert paragraph 61A of Schedule 3 to the GDS Contracts Regulations and PDS Agreements Regulations, which gives discretion to NHS England to rebase the contract or agreement if certain conditions are met, including if the contractor has delivered less than 96% of contracted activity for three consecutive financial years (save for the financial years ending on 31st March 2021 and 31st March 2022, termed as the ‘Covid years’).\nAn Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.\nThis instrument is covered by the impact assessment for dental system contract reform dated 27th October 2022, available from www.legislation.gov.uk/ukia/2022/90. Copies may also be obtained from the Department of Health and Social Care, 39 Victoria Street, London SW1H 0EU.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/554/note",
    "retrieved_at": "2026-10-28T21:45:10.135642+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."
}