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158 Dental public health | |
(1) In the 1977 Act, after section 16CA (as inserted by section 157 above) insert— | |
“16CB Dental public health | |
(1) A Primary Care Trust shall have such functions in relation to dental | |
public health in England as may be prescribed. | 5 |
(2) A Local Health Board shall have such functions in relation to dental | |
public health in Wales as may be prescribed. | |
(3) The National Assembly for Wales shall have such functions in relation | |
to dental public health in Wales as may be prescribed. | |
(4) The functions of a Primary Care Trust under this section may be | 10 |
discharged— | |
(a) by the Trust itself; | |
(b) by the Trust and one or more other Primary Care Trusts acting | |
jointly; or | |
(c) by any other person or body in accordance with arrangements | 15 |
made by the Trust. | |
(5) The functions of a Local Health Board under this section may be | |
discharged— | |
(a) by the Board itself; | |
(b) by the Board and one or more other Local Health Boards acting | 20 |
jointly; or | |
(c) by any other person or body in accordance with arrangements | |
made by the Board.” | |
(2) Section 5(1A) of the 1977 Act shall cease to have effect. | |
159 General dental services contracts | 25 |
(1) In the 1977 Act, after section 28J insert— | |
“General dental services contracts | |
28K General dental services contracts: introductory | |
(1) A Primary Care Trust or Local Health Board may enter into a contract | |
under which primary dental services are provided in accordance with | 30 |
the following provisions of this Part. | |
(2) A contract under this section is called in this Act a “general dental | |
services contract”. | |
(3) Subject to any provision made by or under this Part, a general dental | |
services contract may make such provision as may be agreed between | 35 |
the Primary Care Trust or Local Health Board and the contractor in | |
relation to— | |
(a) the services to be provided under the contract (which may | |
include services which are not primary dental services), | |
(b) remuneration under the contract, and | 40 |
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(c) any other matters. | |
(4) In this Part, “contractor”, in relation to a general dental services | |
contract, means any person entering into the contract with the Primary | |
Care Trust or Local Health Board. | |
28L Requirement to provide certain primary dental services | 5 |
(1) A general dental services contract must require the contractor or | |
contractors to provide, for his or their patients, primary dental services | |
of such descriptions as may be prescribed. | |
(2) Regulations under subsection (1) may in particular describe services by | |
reference to the manner or circumstances in which they are provided. | 10 |
28M Persons eligible to enter into GDS contracts | |
(1) A Primary Care Trust or Local Health Board may, subject to such | |
conditions as may be prescribed, enter into a general dental services | |
contract with— | |
(a) a dental practitioner; | 15 |
(b) a dental corporation; | |
(c) two or more individuals practising in partnership where the | |
conditions in subsection (2) are satisfied. | |
(2) The conditions referred to in subsection (1)(c) in relation to a | |
partnership are that— | 20 |
(a) at least one partner is a dental practitioner, and | |
(b) any partner who is not a dental practitioner is either— | |
(i) an NHS employee, | |
(ii) a section 28C or section 17C employee, or | |
(iii) a health care professional, not falling within sub- | 25 |
paragraphs (i) and (ii), who is providing services under | |
this Act. | |
(3) In this section— | |
“dental corporation” means a body corporate which carries on the | |
business of dentistry (within the meaning of section 40 of the | 30 |
Dentists Act 1984); | |
“health care professional” means a person who is a member of a | |
profession regulated by a body mentioned (at the time the | |
contract in question is entered into) in section 25(3) of the | |
National Health Service Reform and Health Care Professions | 35 |
Act 2002; | |
“NHS employee”, “section 28C employee” and “section 17C | |
employee” have the same meanings as in section 28D above. | |
28N GDS contracts: payments | |
(1) The appropriate authority may give directions as to payments to be | 40 |
made under general dental services contracts. | |
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(2) A general dental services contract must require payments to be made | |
under the contract in accordance with directions for the time being in | |
force under this section. | |
(3) Without prejudice to the generality of the power under subsection (1), | |
a direction under that subsection may— | 5 |
(a) provide for payments to be made by reference to compliance | |
with standards or the achievement of levels of performance; | |
(b) provide for payments to be made by reference to— | |
(i) any scheme or scale specified in the direction, or | |
(ii) a determination made by any person in accordance with | 10 |
factors specified in the direction; | |
(c) provide for the making of payments in respect of individual | |
practitioners; | |
(d) provide that the whole or any part of a payment is subject to | |
conditions (and may provide that payments are payable by a | 15 |
Primary Care Trust or Local Health Board only if it is satisfied | |
as to certain conditions); | |
(e) make provision having effect from a date before the date of the | |
direction, provided that, having regard to the direction as a | |
whole, the provision is not detrimental to the persons to whose | 20 |
remuneration it relates. | |
(4) Before giving a direction under subsection (1), the appropriate | |
authority— | |
(a) must consult any body appearing to the authority to be | |
representative of persons to whose remuneration the direction | 25 |
would relate, and | |
(b) may consult such other persons as the authority thinks | |
appropriate. | |
(5) Section 18(1) and (3)(b) above apply in relation to directions under this | |
section. | 30 |
(6) References in this section to payments include fees, allowances, | |
reimbursements, loans and repayments. | |
(7) In this section “appropriate authority” means— | |
(a) the Secretary of State, in relation to a contract made by a | |
Primary Care Trust; | 35 |
(b) the National Assembly for Wales, in relation to a contract made | |
by a Local Health Board. | |
28O GDS contracts: other required terms | |
(1) A general dental services contract must contain such provision as may | |
be prescribed (in addition to the provision required by the preceding | 40 |
provisions of this Part). | |
(2) Regulations under subsection (1) may in particular make provision as | |
to— | |
(a) the manner in which, and standards to which, services are to be | |
provided; | 45 |
(b) the persons who perform services; | |
(c) the persons to whom services are to be provided; | |
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(d) the variation of contract terms (other than terms required by or | |
under this Part); | |
(e) rights of entry and inspection (including inspection of clinical | |
records and other documents); | |
(f) the circumstances in which, and the manner in which, the | 5 |
contract may be terminated; | |
(g) enforcement; | |
(h) the adjudication of disputes. | |
(3) Regulations under subsection (2)(d) may make provision as to the | |
circumstances in which a Primary Care Trust or Local Health Board | 10 |
may impose a variation of contract terms. | |
28P GDS contracts: disputes and enforcement | |
(1) Regulations may make provision for the resolution of disputes as to the | |
terms of a proposed general dental services contract. | |
(2) Regulations under subsection (1) may make provision— | 15 |
(a) for the referral of the terms of the proposed contract to the | |
Secretary of State or National Assembly for Wales; and | |
(b) for the Secretary of State or Assembly, or a person appointed by | |
him or it, to determine the terms on which the contract may be | |
entered into. | 20 |
(3) Regulations may make provision for a person or persons entering into | |
a general dental services contract to be regarded as a health service | |
body for any purposes of section 4 of the National Health Service and | |
Community Care Act 1990, in circumstances where he or they so elect. | |
(4) Regulations under subsection (3) may include provision as to the | 25 |
application of section 4 of that Act in cases where— | |
(a) persons practising in partnership elect to become a health | |
service body; and | |
(b) there is a change in the membership of the partnership. | |
(5) Where— | 30 |
(a) by virtue of regulations under subsection (3), subsection (7) of | |
section 4 of that Act applies in relation to a general dental | |
services contract, and | |
(b) a direction as to payments is made under that provision in | |
relation to the contract, | 35 |
the direction is to be enforceable in a county court (if the court so | |
orders) as if it were a judgment or order of that court.” | |
(2) Sections 35 and 36 of the 1977 Act (arrangements for general dental services) | |
shall cease to have effect. | |
160 General dental services: transitional | 40 |
(1) The appropriate authority shall by order make transitional provision in respect | |
of persons who, immediately before the coming into force of section 159, are | |
providing services under section 35 of the 1977 Act (general dental services). | |
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(2) An order under this section may provide that, in such circumstances as the | |
order may prescribe, a Primary Care Trust or Local Health Board must, if any | |
such person so wishes, enter into a general dental services contract with him; | |
and the order may make provision as to the terms of any such contract. | |
(3) An order under this section may provide that, in such circumstances as the | 5 |
order may prescribe, a Primary Care Trust or Local Health Board must, if any | |
such person so wishes, enter into a contract with him, containing such terms as | |
the order may specify, for the provision of dental services. | |
(4) An order under this section may make provision for the resolution of disputes | |
in relation to any contract entered into, or proposed to be entered into, under | 10 |
subsection (2) or (3), including provision for the determination of disputes by | |
the appropriate authority or a person appointed by the authority. | |
(5) An order under this section may make provision in respect of a period | |
beginning before the coming into force of the provision (or of section 159), | |
provided that the provision is not as a whole detrimental to the remuneration | 15 |
of the persons to whom it relates. | |
(6) In this section— | |
“appropriate authority” means— | |
(a) the Secretary of State, in relation to England; and | |
(b) the Assembly, in relation to Wales; | 20 |
“general dental services contract” means a contract under section 28K of | |
the 1977 Act (as inserted by section 159(1)). | |
161 Persons performing primary dental services | |
(1) In the 1977 Act, after section 28P (as inserted by section 159 above) insert— | |
“28Q Persons performing primary dental services | 25 |
(1) Regulations may provide that a health care professional of a prescribed | |
description may not perform any primary dental service for which a | |
Primary Care Trust or Local Health Board is responsible unless he is | |
included in a list maintained under the regulations by a Primary Care | |
Trust or Local Health Board. | 30 |
(2) For the purposes of this section— | |
(a) “health care professional” means a person who is a member of | |
a profession regulated by a body for the time being mentioned | |
in section 25(3) of the National Health Service Reform and | |
Health Care Professions Act 2002; | 35 |
(b) a Primary Care Trust or Local Health Board is responsible for a | |
dental service if it provides the service, or secures its provision, | |
by or under any enactment. | |
(3) Regulations under this section may make provision in relation to lists | |
under this section and in particular as to— | 40 |
(a) the preparation, maintenance and publication of a list; | |
(b) eligibility for inclusion in a list; | |
(c) applications for inclusion (including provision as to the | |
Primary Care Trust or Local Health Board to which an | |
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(c) application must be made, and for the procedure for | |
applications and the documents to be supplied on application); | |
(d) the grounds on which an application for inclusion may or must | |
be granted or refused; | |
(e) requirements with which a person included in a list must | 5 |
comply (including the declaration of financial interests and gifts | |
and other benefits); | |
(f) suspension or removal from a list (including provision for the | |
grounds for, and consequences of, suspension or removal); | |
(g) payments to be made by a Primary Care Trust or Local Health | 10 |
Board in respect of a person suspended from the list (including | |
provision for the amount of the payment, or the method of | |
calculating the payment, to be determined by the Secretary of | |
State or National Assembly for Wales, or a person appointed by | |
him or it); | 15 |
(h) the criteria to be applied in making decisions under the | |
regulations; | |
(i) appeals against decisions made by a Primary Care Trust or | |
Local Health Board under the regulations; and | |
(j) disclosure of information about applicants for inclusion, | 20 |
refusals of applications or suspensions or removals; | |
and may make any provision corresponding to anything in sections 49F | |
to 49N below. | |
(4) Regulations under this section may, in particular, also provide for— | |
(a) a person’s inclusion in a list to be subject to conditions | 25 |
determined by a Primary Care Trust or Local Health Board; | |
(b) a Trust or Board to vary the conditions or impose different ones; | |
(c) the consequences of failing to comply with a condition | |
(including removal from the list); | |
(d) the review by a Trust or Board of decisions made by it by virtue | 30 |
of the regulations. | |
(5) The imposition of such conditions must be with a view to— | |
(a) preventing any prejudice to the efficiency of the services to | |
which the list relates, or | |
(b) preventing fraud.” | 35 |
(2) In section 49M(7) of that Act, at the end there is inserted “; and regulations | |
under this subsection may include provision of the kind referred to in section | |
49I(10)”. | |
162 Assistance and support | |
In the 1977 Act, after section 28Q (as inserted by section 161 above) insert— | 40 |
“28R Assistance and support | |
(1) A Primary Care Trust or Local Health Board may provide assistance or | |
support to— | |
(a) any person providing, or proposing to provide primary dental | |
services under a general dental services contract; | 45 |
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(b) any person providing, or proposing to provide, such services in | |
accordance with section 28C arrangements. | |
(2) Assistance or support provided by a Primary Care Trust or Local | |
Health Board under subsection (1) is to be provided on such terms, | |
including terms as to payment, as the Trust or Board thinks fit. | 5 |
(3) In this section “assistance” includes financial assistance.” | |
163 Abolition of Dental Practice Board | |
The Dental Practice Board is abolished. | |
164 Special Health Authorities | |
(1) In section 11 of the 1977 Act (Special Health Authorities), in subsection (1), at | 10 |
the end insert “or the National Health Service (Primary Care) Act 1997”. | |
(2) In section 16B of that Act (exercise of functions by Primary Care Trusts), at the | |
end insert— | |
“(4) The Secretary of State may by order make provision for the transfer to | |
a Special Health Authority of the rights and liabilities of a Primary Care | 15 |
Trust under a general dental services contract in a case where the | |
Authority exercises functions of the Trust in relation to the contract by | |
virtue of subsection (2)(b) above (and for their transfer back to the Trust | |
where the Authority ceases to exercise those functions).”. | |
(3) In section 16BC of that Act (exercise of functions by Local Health Boards), at | 20 |
the end insert— | |
“(4) The Assembly may by order make provision for the transfer to a Special | |
Health Authority of the rights and liabilities of a Local Health Board | |
under a general dental services contract in a case where the Authority | |
exercises functions of the Board in relation to the contract by virtue of | 25 |
subsection (2)(b) above (and for their transfer back to the Board where | |
the Authority ceases to exercise those functions).”. | |
165 Charges for dental services | |
(1) In the 1977 Act, for sections 78A to 79A substitute— | |
“79 Dental charging | 30 |
(1) Regulations may provide for the making and recovery, in such manner | |
as may be prescribed, of charges for relevant dental services. | |
(2) Regulations under subsection (1) may in particular include provision— | |
(a) specifying the amount, or maximum amount, of any charge (or | |
aggregate charge in respect of the provision for two or more | 35 |
relevant dental services); | |
(b) for calculating the amount of any charge; | |
(c) for the variation of the amount, or maximum amount, of any | |
charge in cases of a prescribed description; | |
(d) for any charge not to be payable in cases of a prescribed | 40 |
description; | |
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