National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service (Wales) Bill [HL]

National Health Service (Wales) Bill [HL]
Part 5 — Dental services
36

(2)
Regulations under subsection (1) may in particular describe services by
reference to the manner or circumstances in which they are provided.
59
Persons eligible to enter into GDS contracts
(1)
A Local Health Board may, subject to such conditions as may be prescribed,
enter into a general dental services contract with—
5
(a)
a dental practitioner,
(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) are that—
10
(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 50 employee, section 64 employee, section 92
employee, section 107 employee, section 17C employee or
15
Article 15B employee,
(iii)
a health care professional who is engaged in the provision of
services under this Act or the National Health Service Act 2006
(c. 00), or
(iv)
an individual falling within section 51(1)(d).
20
(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
change in the membership of the partnership.
(4)
In this section—
“dental corporation” means a body corporate which is carrying on the
25
business of dentistry in accordance with the Dentists Act 1984 (c. 24),
“health care professional”, “NHS employee”, “section 50 employee”,
“section 64 employee”, “section 92 employee”, “section 107 employee”,
“section 17C employee” and “Article 15B employee” have the meaning
given by section 65.
30
60
GDS contracts: payments
(1)
The Welsh Ministers 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 under this section.
35
(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—
(i)
any scheme or scale specified in the direction, or
40
(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,

National Health Service (Wales) Bill [HL]
Part 5 — Dental services
37

(d)
provide that the whole or any part of a payment is subject to conditions
(and may provide that payments are payable by a 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
5
provision is not detrimental to the persons to whose remuneration it
relates.
(4)
Before giving a direction under subsection (1), the Welsh Ministers—
(a)
must consult any body appearing to them to be representative of
persons to whose remuneration the direction would relate, and
10
(b)
may consult such other persons as they consider appropriate.
(5)
“Payments” includes fees, allowances, reimbursements, loans and repayments.
61
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
15
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,
20
(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),
25
(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
30
circumstances in which a Local Health Board 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.
62
GDS contracts: disputes and enforcement
35
(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 Welsh
Ministers, and
40
(b)
for the Welsh Ministers, or a person appointed by them, to determine
the terms on which the contract may be entered into.

National Health Service (Wales) Bill [HL]
Part 5 — Dental services
38

(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 7, in circumstances where he or they so elect.
(4)
Regulations under subsection (3) may include provision as to the application
of section 7 in cases where—
5
(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—
(a)
by virtue of regulations under subsection (3), section 7(11) applies in
10
relation to a general dental services contract, and
(b)
a direction as to payments is made under that provision in relation to
the contract,

the direction is enforceable in a county court (if the court so orders) as if it were
a judgment or order of that court.
15
Performance of primary dental services
63
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 Local
Health Board is responsible unless he is included in a list maintained under the
20
regulations by a 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 mentioned in section 25(3) of the
National Health Service Reform and Health Care Professions Act 2002
25
(c. 17),
(b)
a 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—
30
(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 Local Health
Board to which an application must be made, and for the procedure for
applications and the documents to be supplied on application),
35
(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),
40
(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
45
(including provision for the amount of the payment, or the method of

National Health Service (Wales) Bill [HL]
Part 5 — Dental services
39

calculating the payment, to be determined by the Welsh Ministers or a
person appointed by them),
(i)
the criteria to be applied in making decisions under the regulations,
(j)
appeals against decisions made by a Local Health Board under the
regulations, and
5
(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 107 to 115.
(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
10
a Local Health Board,
(b)
a Local Health Board to vary the conditions or impose different ones,
(c)
the consequences of failing to comply with a condition (including
removal from a list),
(d)
the review by a Local Health Board of decisions made by it by virtue of
15
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
(b)
preventing fraud.
20
(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 Local Health Board to the Welsh Ministers, and
(b)
by the Welsh Ministers to a Local Health Board.
Other arrangements for the provision of primary dental services
25
64
Arrangements by Local Health Boards for the provision of primary dental
services
(1)
A Local Health Board may make one or more agreements with respect to its
area under which primary dental services are provided (otherwise than by the
Board).
30
(2)
An agreement must be in accordance with regulations under section 66.
(3)
An agreement may not combine arrangements for the provision of primary
dental services with arrangements for the provision of primary medical
services.
(4)
An agreement may not combine arrangements for the provision of primary
35
dental services with arrangements for the provision of local pharmaceutical
services.
(5)
But an agreement may include arrangements for the provision of services
which are not primary dental services but which may be provided under this
Act, other than under Part 6 (general ophthalmic services) or Chapter 1 or 2 of
40
Part 7 (pharmaceutical services and local pharmaceutical services under pilot
schemes).
(6)
Regulations may provide—

National Health Service (Wales) Bill [HL]
Part 5 — Dental services
40

(a)
for functions which are exercisable by a Local Health Board in relation
to an agreement to be exercisable on behalf of the Local Health Boards
by a Health Board, and
(b)
for functions which are exercisable by a Health Board in relation to
an agreement made under section 17C of the National Health Service
5
(Scotland) Act 1978 (c. 29) to be exercisable on behalf of the Health
Board by a Local Health Board.
(7)
In this Act, arrangements for the provision of services made under this section
are called “section 64 arrangements”.
65
Persons with whom agreements may be made under section 64
10
(1)
A Local Health Board may make an agreement under section 64 only with one
or more of the following—
(a)
an NHS trust or an NHS foundation trust,
(b)
a dental practitioner who meets the prescribed conditions,
(c)
a health care professional who meets the prescribed conditions,
15
(d)
an individual who is providing services—
(i)
under a general medical services contract or a general dental
services contract or an English general medical services contract
or an English general dental services contract,
(ii)
in accordance with section 64 arrangements, section 50
20
arrangements, section 92 arrangements, section 107
arrangements, section 17C arrangements or Article 15B
arrangements, or
(iii)
under section 17J or 25 of the 1978 Act or Article 57 or 61 of the
Health and Personal Social Services (Northern Ireland) Order
25
1972 (S.I. 1972/1265 (N.I.14)),

or has so provided them within such period as may be prescribed,
(e)
an NHS employee, a section 64 employee, a section 50 employee, a
section 92 employee, a section 107 employee, a section 17C employee or
an Article 15B employee,
30
(f)
a qualifying body,
(g)
a Primary Care Trust or Local Health Board.
(2)
The power under subsection (1) to make an agreement with a person falling
within paragraph (d) or (e) of that subsection is subject to such conditions as
may be prescribed.
35
(3)
In this section—
“the 1978 Act” means the National Health Service (Scotland) Act 1978,
“Article 15B arrangements” means arrangements for the provision of
services made under Article 15B of the Health and Personal Social
Services (Northern Ireland) Order 1972,
40
“Article 15B employee” means an individual who, in connection with the
provision of services in accordance with Article 15B arrangements, is
employed by a person providing or performing those services,
“English general dental services contract” means a contract under section
100(2) of the National Health Service Act 2006,
45
“English general medical services contract” means a contract under
section 84(2) of that Act,

National Health Service (Wales) Bill [HL]
Part 5 — Dental services
41

“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 (c. 17),
“NHS employee” means an individual who, in connection with the
5
provision of services in the health service, the Scottish health service or
the Northern Ireland health service, is employed by—
(a)
an NHS trust, an NHS foundation trust or (in Northern Ireland)
a Health and Social Services Trust,
(b)
a Primary Care Trust or Local Health Board,
10
(c)
a person who is providing services under a general medical
services contract or a general dental services contract or an
English general medical services contract or an English general
dental services contract,
(d)
an individual who is providing services as specified in
15
subsection (1)(d)(iii),
“the Northern Ireland health service” means the health service within the
meaning of the Health and Personal Social Services (Northern Ireland)
Order 1972 (S.I. 1972/1265 (N.I.14)),
“qualifying body” means—
20
(a)
a company which is limited by shares all of which are legally
and beneficially owned by persons falling within paragraph (a),
(b), (c), (d), (e) or(g) of subsection (1), or
(b)
a body corporate which, in accordance with the provisions of
Part 4 of the Dentists Act 1984 (c. 24), is entitled to carry on the
25
business of dentistry,
“the Scottish health service” means the health service within the meaning
of the National Health Service (Scotland) Act 1978 (c. 29),
“section 17C arrangements” means arrangements for the provision of
services made under section 17C of the 1978 Act,
30
“section 17C employee” means an individual who, in connection with the
provision of services in accordance with section 17C arrangements, is
employed by a person providing or performing those services,
“section 92 arrangements” means arrangements for the provision of
services made under section 92 of the National Health Service Act 2006
35
(c. 00),
“section 107 arrangements” means arrangements for the provision of
services made under section 107 of that Act,
“section 92 employee” means an individual who, in connection with the
provision of services in accordance with section 92 arrangements, is
40
employed by a person providing or performing those services,
“section 107 employee” means an individual who, in connection with the
provision of services in accordance with section 107 arrangements, is
employed by a person providing or performing those services,
“section 64 employee” means an individual who, in connection with the
45
provision of services in accordance with section 64 arrangements, is
employed by a person providing or performing those services,
“section 50 employee” means an individual who, in connection with the
provision of services in accordance with section 50 arrangements, is
employed by a person providing or performing those services.
50