National Health Service Bill [HL]

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Session 2005 - 06
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National Health Service Bill [HL]

National Health Service Bill [HL]
Part 5 — Dental services
54

General dental services contracts
100
General dental services contracts: introductory
(1)
A Primary Care Trust may enter into a contract under which primary dental
services are provided in accordance with the following provisions of this Part.
(2)
A contract under this section is called in this Act a “general dental services
5
contract”.
(3)
A general dental services contract may make such provision as may be agreed
between the Primary Care Trust 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),
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(b)
remuneration under the contract, and
(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.
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Requirement to provide certain primary dental services
15
(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.
20
102
Persons eligible to enter into GDS contracts
(1)
A Primary Care Trust may, subject to such conditions as may be prescribed,
enter into a general dental services contract with—
(a)
a dental practitioner,
(b)
a dental corporation,
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(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) are that—
(a)
at least one partner is a dental practitioner, and
(b)
any partner who is not a dental practitioner is either—
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(i)
an NHS employee,
(ii)
a section 92 employee, section 107 employee, section 50
employee, section 64 employee, section 17C employee or Article
15B employee,
(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)
Act 2006 (c. 00), or
(iv)
an individual falling within section 108(1)(d).
(3)
Regulations may make provision as to the effect, in relation to a general dental
services contract entered into by individuals practising in partnership, of a
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change in the membership of the partnership.
(4)
In this section—

National Health Service Bill [HL]
Part 5 — Dental services
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“dental corporation” means a body corporate which is carrying on the
business of dentistry in accordance with the Dentists Act 1984 (c. 24)
“health care professional”, “NHS employee”, “section 92 employee”,
“section 107 employee”, “section 50 employee”, “section 64 employee”,
“section 17C employee” and “Article 15B employee” have the meaning
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given by section 108.
103
GDS contracts: payments
(1)
The Secretary of State 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
10
contract in accordance with directions under this section.
(3)
A direction under subsection (1) may in particular—
(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—
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(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
practitioners,
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(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
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
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provision is not detrimental to the persons to whose remuneration it
relates.
(4)
Before giving a direction under subsection (1), the Secretary of State—
(a)
must consult any body appearing to him to be representative of persons
to whose remuneration the direction would relate, and
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(b)
may consult such other persons as he considers appropriate.
(5)
“Payments” includes fees, allowances, reimbursements, loans and repayments.
104
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
35
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 must be
provided,
(b)
the persons who perform services,
40
(c)
the persons to whom services will be provided,
(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),
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National Health Service Bill [HL]
Part 5 — Dental services
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(f)
the circumstances in which, and the manner in which, the contract may
be terminated,
(g)
enforcement,
(h)
the adjudication of disputes.
(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
contract terms.
(4)
Regulations under subsection (1) must make provision as to the right of
patients to choose the persons from whom they receive services.
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GDS contracts: disputes and enforcement
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(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—
(a)
for the referral of the terms of the proposed contract to the Secretary of
State, and
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(b)
for the Secretary of State, or a person appointed by him, to determine
the terms on which the contract may be entered into.
(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 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
of section 9 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.
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(5)
Where—
(a)
by virtue of regulations under subsection (3), section 9(11) 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,
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the direction is enforceable in a county court (if the court so orders) as if it were
a judgment or order of that court.
Performance of primary dental services
106
Persons performing primary dental services
(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
Care Trust is responsible unless he is included in a list maintained under the
regulations by a Primary Care Trust.
(2)
For the purposes of this section—
(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
National Health Service Reform and Health Care Professions Act 2002
(c. 17),

National Health Service Bill [HL]
Part 5 — Dental services
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(b)
a Primary Care Trust 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—
(a)
the preparation, maintenance and publication of a list,
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(b)
eligibility for inclusion in a list,
(c)
applications for inclusion (including provision as to the Primary
Care Trust to which an application must be made, and for the
procedure for applications and the documents to be supplied on
application),
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(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 comply
(including the declaration of financial interests and gifts and other
benefits),
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(f)
suspension or removal from a list (including provision for the
grounds for, and consequences of, suspension or removal),
(g)
circumstances in which a person included in a list may not withdraw
from it,
(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
calculating the payment, to be determined by the Secretary of State or a
person appointed by him),
(i)
the criteria to be applied in making decisions under the regulations,
(j)
appeals against decisions made by a Primary Care Trust under the
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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 151 to 159.
(4)
Regulations under this section may, in particular, also provide for—
30
(a)
a person’s inclusion in a list to be subject to conditions determined by
a Primary Care Trust,
(b)
a Primary Care Trust to vary the conditions or impose different ones,
(c)
the consequences of failing to comply with a condition (including
removal from a list),
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(d)
the review by a Primary Care Trust of decisions made by it by virtue 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 a list
relates, or
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(b)
preventing fraud.
(6)
Regulations making provision as to the matters referred to in subsection (3)(k)
may in particular authorise the disclosure of information—
(a)
by a Primary Care Trust to the Secretary of State, and
(b)
by the Secretary of State to a Primary Care Trust.
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