167 Dental public health
(1) In the 1977 Act, after section 16CA (as inserted by section 166 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.
(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
(a) by the Trust itself;
(b) by the Trust and one or more other Primary Care Trusts acting
(c) by any other person or body in accordance with arrangements
made by the Trust.
(5) The functions of a Local Health Board under this section may be
(a) by the Board itself;
(b) by the Board and one or more other Local Health Boards acting
(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.
168 General dental services contracts
(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
the following provisions of this Part.
(2) A contract under this section is called in this Act a “general dental
(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
the Primary Care Trust or Local Health Board and the contractor in
(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
(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
(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.
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
(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) in relation to a
partnership are that—
(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,
(iii) a health care professional who is engaged in the
provision of services under this Act, or
(iv) an individual who is providing services under a general
dental services contract or a general medical services
contract or in accordance with section 28C arrangements
or arrangements under section 17C of the National
Health Service (Scotland) Act 1978, or has so provided
them within such period as may be prescribed.
(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, in
accordance with the provisions of Part 4 of the Dentists Act
1984, is entitled to carry on the business of dentistry;
“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
Act 2002; and
“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
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
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;
(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
(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);
(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
(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
(5) Section 18(1) and (3)(b) above apply in relation to directions under this
(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;
(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
provisions of this Part).
(2) Regulations under subsection (1) may in particular make provision as
(a) the manner in which, and standards to which, services are to be
(b) the persons who perform services;
(c) the persons to whom services are to be provided;
(d) the right of patients to choose the persons from whom they are
to receive services;
(e) the variation of contract terms (other than terms required by or
under this Part);
(f) rights of entry and inspection (including inspection of clinical
records and other documents);
(g) the circumstances in which, and the manner in which, the
contract may be terminated;
(i) the adjudication of disputes.
(3) Regulations under subsection (2)(e) may make provision as to the
circumstances in which a Primary Care Trust or Local Health Board
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—
(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
(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
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.
(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,
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.