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“NHS employee” has the same meaning as it has in section 28D | |
above in the case of an agreement under which primary dental | |
services are provided; and | |
“section 28C employee” and “section 17C employee” have the | |
same meanings as in section 28D above. | 5 |
28N GDS contracts: payments | |
(1) The appropriate authority may give directions as to payments to be | |
made under general dental services contracts. | |
(2) A general dental services contract must require payments to be made | |
under the contract in accordance with directions for the time being in | 10 |
force under this section. | |
(3) Without prejudice to the generality of the power under subsection (1), | |
a direction under that subsection may— | |
(a) provide for payments to be made by reference to compliance | |
with standards or the achievement of levels of performance; | 15 |
(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 | |
factors specified in the direction; | |
(c) provide for the making of payments in respect of individual | 20 |
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 | |
Primary Care Trust or Local Health Board only if it is satisfied | |
as to certain conditions); | 25 |
(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 | |
remuneration it relates. | |
(4) Before giving a direction under subsection (1), the appropriate | 30 |
authority— | |
(a) must consult any body appearing to the authority to be | |
representative of persons to whose remuneration the direction | |
would relate, and | |
(b) may consult such other persons as the authority thinks | 35 |
appropriate. | |
(5) Section 18(1) and (3)(b) above apply in relation to directions under this | |
section. | |
(6) References in this section to payments include fees, allowances, | |
reimbursements, loans and repayments. | 40 |
(7) In this section “appropriate authority” means— | |
(a) the Secretary of State, in relation to a contract made by a | |
Primary Care Trust; | |
(b) the National Assembly for Wales, in relation to a contract made | |
by a Local Health Board. | 45 |
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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 | |
provisions of this Part). | |
(2) Regulations under subsection (1) may in particular make provision as | 5 |
to— | |
(a) the manner in which, and standards to which, services are to be | |
provided; | |
(b) the persons who perform services; | |
(c) the persons to whom services are to be provided; | 10 |
(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 | 15 |
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 | 20 |
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— | 25 |
(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. | 30 |
(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 | 35 |
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— | 40 |
(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, | 45 |
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.” | |
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(2) Sections 35 and 36 of the 1977 Act (arrangements for general dental services) | |
shall cease to have effect. | |
164 General dental services: transitional | |
(1) The appropriate authority shall by order make transitional provision in respect | |
of persons who, immediately before the coming into force of section 163, are | 5 |
providing services under section 35 of the 1977 Act (general dental services). | |
(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. | 10 |
(3) 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 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 | 15 |
in relation to any contract entered into, or proposed to be entered into, under | |
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 163), | 20 |
provided that the provision is not as a whole detrimental to the remuneration | |
of the persons to whom it relates. | |
(6) In this section— | |
“appropriate authority” means— | |
(a) the Secretary of State, in relation to England; and | 25 |
(b) the Assembly, in relation to Wales; | |
“general dental services contract” means a contract under section 28K of | |
the 1977 Act (as inserted by section 163(1)). | |
165 Arrangements under section 28C of the 1977 Act | |
(1) Section 28D of the 1977 Act (persons with whom agreements under section 28C | 30 |
of that Act may be made) is amended as follows. | |
(2) In subsection (1), for paragraph (c) substitute— | |
“(c) in the case of an agreement under which primary dental | |
services are provided— | |
(i) a dental practitioner who meets the prescribed | 35 |
conditions; | |
(ii) a health care professional who meets the prescribed | |
conditions; | |
(iii) an individual who is providing services under a general | |
dental services contract or in accordance with section | 40 |
28C arrangements or section 17C arrangements, or has | |
so provided them within such period as may be | |
prescribed;”. | |
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(3) After subsection (1) insert— | |
“(1A) The power under subsection (1) to make an agreement with a person | |
falling within paragraph (c)(iii) or (d) of that subsection is subject to | |
such conditions as may be prescribed.” | |
(4) In subsection (2), after the definition of “the 1978 Act” insert— | 5 |
“health care professional” means a person who is a member of a | |
profession regulated by a body mentioned (at the time the agreement | |
in question is made) in section 25(3) of the National Health Service | |
Reform and Health Care Professions Act 2002;”. | |
(5) In that subsection, in the definition of “NHS employee”, for paragraph (c) | 10 |
substitute— | |
“(c) in the case of an agreement under which primary dental | |
services are provided— | |
(i) a Primary Care Trust or Local Health Board; | |
(ii) an individual who is providing services under a general | 15 |
dental services contract; | |
(iii) a dental practitioner whose name is included in a list | |
prepared in accordance with regulations made under | |
section 25(2)(a) of the 1978 Act; | |
(iv) a dental practitioner whose name is included in a list | 20 |
kept under article 61 of the Health and Personal Social | |
Services (Northern Ireland) Order 1972 (1972 No. 1256 | |
(N.I.14));”. | |
(6) In the definitions of “section 17C employee” and “section 28C employee”, after | |
“providing” insert “or performing”. | 25 |
(7) In section 28E of the 1977 Act (regulations), in subsection (3), after paragraph | |
(c) insert— | |
“(ca) impose conditions (including conditions as to qualifications | |
and experience) to be satisfied by persons performing services | |
in accordance with section 28C arrangements;”. | 30 |
(8) In that section, after subsection (3) insert— | |
“(3A) The regulations may also require payments to be made under the | |
arrangements in accordance with directions given for the purpose by | |
the Secretary of State; and section 18(1) and (3)(b) apply in relation to | |
any such directions. | 35 |
(3B) A direction under subsection (3A) may 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 remuneration it relates”. | |
166 Persons performing primary dental services | 40 |
(1) In the 1977 Act, after section 28P (as inserted by section 163 above) insert— | |
“28Q Persons performing primary dental services | |
(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 | 45 |
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included in a list maintained under the regulations by a Primary Care | |
Trust or Local Health Board. | |
(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 | 5 |
in section 25(3) of the National Health Service Reform and | |
Health Care Professions Act 2002; | |
(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. | 10 |
(3) Regulations under this section may make provision in relation to lists | |
under this section and in particular as to— | |
(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 | 15 |
Primary Care Trust or Local Health Board to which an | |
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; | 20 |
(e) requirements with which a person included in a list must | |
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); | 25 |
(g) circumstances in which a person included in a list may not | |
withdraw from it; | |
(h) payments to be made by a Primary Care Trust or Local Health | |
Board in respect of a person suspended from the list (including | |
provision for the amount of the payment, or the method of | 30 |
calculating the payment, to be determined by the Secretary of | |
State or National Assembly for Wales, or a person appointed by | |
him or it); | |
(i) the criteria to be applied in making decisions under the | |
regulations; | 35 |
(j) appeals against decisions made by a Primary Care Trust or | |
Local Health Board under the regulations; and | |
(k) disclosure of information about applicants for inclusion, grants | |
or refusals of applications or suspensions or removals; | |
and may make any provision corresponding to anything in sections 49F | 40 |
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 | |
determined by a Primary Care Trust or Local Health Board; | |
(b) a Trust or Board to vary the conditions or impose different ones; | 45 |
(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 | |
of the regulations. | |
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(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. | |
(6) Regulations making provision as to the matters referred to in | 5 |
subsection (3)(k) may in particular authorise the disclosure of | |
information— | |
(a) by a Primary Care Trust or Local Health Board to the Secretary | |
of State; and | |
(b) by the Secretary of State to a Primary Care Trust or Local Health | 10 |
Board.” | |
(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)”. | |
167 Assistance and support | 15 |
In the 1977 Act, after section 28Q (as inserted by section 166 above) insert— | |
“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 | 20 |
services under a general dental services contract; | |
(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, | 25 |
including terms as to payment, as the Trust or Board thinks fit. | |
(3) In this section “assistance” includes financial assistance.” | |
168 Abolition of Dental Practice Board | |
The Dental Practice Board is abolished. | |
169 Special Health Authorities | 30 |
(1) In section 11 of the 1977 Act (Special Health Authorities), in subsection (1), at | |
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 | 35 |
a Special Health Authority of the rights and liabilities of a Primary Care | |
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).”. | 40 |
(3) In section 16BC of that Act (exercise of functions by Local Health Boards), at | |
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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 | 5 |
subsection (2)(b) above (and for their transfer back to the Board where | |
the Authority ceases to exercise those functions).”. | |
170 Charges for dental services | |
(1) In the 1977 Act, for sections 78A to 79A substitute— | |
“79 Dental charging | 10 |
(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 | 15 |
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 | 20 |
description; | |
(e) for power to direct that a charge is not payable in any particular | |
case; | |
(f) for the repayment of any charge (including provision as to the | |
persons by whom, and manner in which, repayments are to be | 25 |
made). | |
(3) Regulations under subsection (1) may provide for sums which would | |
otherwise be payable by a Primary Care Trust, Local Health Board or | |
Special Health Authority to persons providing relevant dental services | |
to be reduced by the amount of the charges authorised by the | 30 |
regulations. | |
(4) This section is subject to Schedule 12ZA. | |
(5) In this section and Schedule 12ZA “relevant dental services” means— | |
(a) dental treatment provided— | |
(i) under section 16CA(2) above (dental services provided | 35 |
by a Primary Care Trust or Local Health Board); | |
(ii) under a general dental services contract; | |
(iii) in accordance with section 28C arrangements; and | |
(b) the supply of dentures and other dental appliances— | |
(i) under this Act, or | 40 |
(ii) in accordance with a pilot scheme under Part 1 of the | |
National Health Service (Primary Care) Act 1997. | |
(6) Any reference in this section or Schedule 12ZA to the supply of an | |
appliance includes a reference to its repair, adjustment, refitting or | |
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