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General dental services contracts |
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100 | General dental services contracts: introductory |
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(1) | A Primary Care Trust may enter into a contract under which primary dental |
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services are provided in accordance with the following provisions of this Part. |
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(2) | A contract under this section is called in this Act a “general dental services |
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(3) | A general dental services contract may make such provision as may be agreed |
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between the Primary Care Trust and the contractor in relation to— |
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(a) | the services to be provided under the contract (which may include |
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services which are not primary dental services), |
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(b) | remuneration under the contract, and |
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(4) | In this Part, “contractor”, in relation to a general dental services contract, |
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means any person entering into the contract with the Primary Care Trust. |
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101 | Requirement to provide certain primary dental services |
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(1) | A general dental services contract must require the contractor or contractors to |
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provide, for his or their patients, primary dental services of such descriptions |
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(2) | Regulations under subsection (1) may in particular describe services by |
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reference to the manner or circumstances in which they are provided. |
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102 | Persons eligible to enter into GDS contracts |
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(1) | A Primary Care Trust may, subject to such conditions as may be prescribed, |
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enter into a general dental services contract with— |
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(a) | a dental practitioner, |
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(b) | a dental corporation, |
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(c) | two or more individuals practising in partnership where the conditions |
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in subsection (2) are satisfied. |
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(2) | The conditions referred to in subsection (1)(c) are that— |
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(a) | at least one partner is a dental practitioner, and |
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(b) | any partner who is not a dental practitioner is either— |
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(ii) | a section 92 employee, section 107 employee, section 50 |
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employee, section 64 employee, section 17C employee or Article |
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(iii) | a health care professional who is engaged in the provision of |
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services under this Act or the National Health Service (Wales) |
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(iv) | an individual falling within section 108(1)(d). |
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(3) | Regulations may make provision as to the effect, in relation to a general dental |
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services contract entered into by individuals practising in partnership, of a |
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change in the membership of the partnership. |
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“dental corporation” means a body corporate which is carrying on the |
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business of dentistry in accordance with the Dentists Act 1984 (c. 24) |
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“health care professional”, “NHS employee”, “section 92 employee”, |
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“section 107 employee”, “section 50 employee”, “section 64 employee”, |
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“section 17C employee” and “Article 15B employee” have the meaning |
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103 | GDS contracts: payments |
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(1) | The Secretary of State may give directions as to payments to be made under |
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general dental services contracts. |
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(2) | A general dental services contract must require payments to be made under the |
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contract in accordance with directions under this section. |
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(3) | A direction under subsection (1) may in particular— |
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(a) | provide for payments to be made by reference to compliance with |
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standards or the achievement of levels of performance, |
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(b) | provide for payments to be made by reference to— |
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(i) | any scheme or scale specified in the direction, or |
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(ii) | a determination made by any person in accordance with factors |
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specified in the direction, |
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(c) | provide for the making of payments in respect of individual |
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(d) | provide that the whole or any part of a payment is subject to conditions |
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(and may provide that payments are payable by a Primary Care Trust |
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only if it is satisfied as to certain conditions), |
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(e) | make provision having effect from a date before the date of the |
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direction, provided that, having regard to the direction as a whole, the |
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provision is not detrimental to the persons to whose remuneration it |
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(4) | Before giving a direction under subsection (1), the Secretary of State— |
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(a) | must consult any body appearing to him to be representative of persons |
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to whose remuneration the direction would relate, and |
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(b) | may consult such other persons as he considers appropriate. |
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(5) | “Payments” includes fees, allowances, reimbursements, loans and repayments. |
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104 | GDS contracts: other required terms |
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(1) | A general dental services contract must contain such provision as may be |
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prescribed (in addition to the provision required by the preceding provisions |
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(2) | Regulations under subsection (1) may in particular make provision as to— |
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(a) | the manner in which, and standards to which, services must be |
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(b) | the persons who perform services, |
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(c) | the persons to whom services will be provided, |
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(d) | the variation of contract terms (other than terms required by or under |
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(e) | rights of entry and inspection (including inspection of clinical records |
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(f) | the circumstances in which, and the manner in which, the contract may |
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(h) | the adjudication of disputes. |
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(3) | Regulations under subsection (2)(d) may make provision as to the |
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circumstances in which a Primary Care Trust may impose a variation of |
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(4) | Regulations under subsection (1) must make provision as to the right of |
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patients to choose the persons from whom they receive services. |
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105 | GDS contracts: disputes and enforcement |
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(1) | Regulations may make provision for the resolution of disputes as to the terms |
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of a proposed general dental services contract. |
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(2) | Regulations under subsection (1) may make provision— |
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(a) | for the referral of the terms of the proposed contract to the Secretary of |
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(b) | for the Secretary of State, or a person appointed by him, to determine |
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the terms on which the contract may be entered into. |
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(3) | Regulations may make provision for a person or persons entering into a |
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general dental services contract to be regarded as a health service body for any |
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purposes of section 9, in circumstances where he or they so elect. |
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(4) | Regulations under subsection (3) may include provision as to the application |
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of section 9 in cases where— |
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(a) | persons practising in partnership elect to become a health service body, |
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(b) | there is a change in the membership of the partnership. |
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(a) | by virtue of regulations under subsection (3), section 9(11) applies in |
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relation to a general dental services contract, and |
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(b) | a direction as to payments is made under that provision in relation to |
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| the direction is enforceable in a county court (if the court so orders) as if it were |
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a judgment or order of that court. |
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Performance of primary dental services |
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106 | Persons performing primary dental services |
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(1) | Regulations may provide that a health care professional of a prescribed |
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description may not perform any primary dental service for which a Primary |
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Care Trust is responsible unless he is included in a list maintained under the |
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regulations by a Primary Care Trust. |
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(2) | For the purposes of this section— |
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(a) | “health care professional” means a person who is a member of a |
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profession regulated by a body mentioned in section 25(3) of the |
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National Health Service Reform and Health Care Professions Act 2002 |
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(b) | a Primary Care Trust is responsible for a dental service if it provides the |
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service, or secures its provision, by or under any enactment. |
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(3) | Regulations under this section may make provision in relation to lists under |
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this section and in particular as to— |
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(a) | the preparation, maintenance and publication of a list, |
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(b) | eligibility for inclusion in a list, |
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(c) | applications for inclusion (including provision as to the Primary |
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Care Trust to which an application must be made, and for the |
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procedure for applications and the documents to be supplied on |
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(d) | the grounds on which an application for inclusion may or must be |
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(e) | requirements with which a person included in a list must comply |
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(including the declaration of financial interests and gifts and other |
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(f) | suspension or removal from a list (including provision for the |
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grounds for, and consequences of, suspension or removal), |
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(g) | circumstances in which a person included in a list may not withdraw |
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(h) | payments to be made in respect of a person suspended from a list |
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(including provision for the amount of the payment, or the method of |
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calculating the payment, to be determined by the Secretary of State or a |
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person appointed by him), |
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(i) | the criteria to be applied in making decisions under the regulations, |
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(j) | appeals against decisions made by a Primary Care Trust under the |
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(k) | disclosure of information about applicants for inclusion, grants or |
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refusals of applications or suspensions or removals, |
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| and may make any provision corresponding to anything in sections 151 to 159. |
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(4) | Regulations under this section may, in particular, also provide for— |
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(a) | a person’s inclusion in a list to be subject to conditions determined by |
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(b) | a Primary Care Trust to vary the conditions or impose different ones, |
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(c) | the consequences of failing to comply with a condition (including |
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(d) | the review by a Primary Care Trust of decisions made by it by virtue of |
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(5) | The imposition of such conditions must be with a view to— |
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(a) | preventing any prejudice to the efficiency of the services to which a list |
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(6) | Regulations making provision as to the matters referred to in subsection (3)(k) |
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may in particular authorise the disclosure of information— |
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(a) | by a Primary Care Trust to the Secretary of State, and |
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(b) | by the Secretary of State to a Primary Care Trust. |
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