The National Health Service (General Dental Services Contracts) Regulations 2005

[F1 Termination by [F2 NHS England]: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.] E+W

74.—(1) Where the contractor is a dental corporation, if [F2 NHS England] becomes aware that the contractor is carrying on any business which [F2 NHS England] considers to be detrimental to the contractor's performance of its obligations under the contract—

(a) [F2 NHS England] shall be entitled to give notice to the contractor requiring that it ceases carrying on that business before the end of a period of not less than 28 days beginning on the day on which the notice is given (“the notice period”); and

(b) if the contractor has not satisfied [F2 NHS England] that it has ceased carrying on that business by the end of the notice period, [F2 NHS England] may, by a further written notice, terminate the contract forthwith or from such date as may be specified in the notice.

(2) Where the contractor is a dental corporation and on or after the coming into force for all purposes of article 39 of the Dentists Act Order during the existence of the contract—

(a) the majority of the directors of the dental corporation cease to be either dental practitioners or dental care professionals;

(b) the dental corporation has been convicted of an offence under section 43(1) of the Dentists Act M1 (directors of bodies corporate); or

(c) the dental corporation, or a director or former director of that corporation, has had a financial penalty imposed on it or him by the General Dental Council pursuant to section 43B (financial penalties in relation to bodies corporate) or 44 (further financial penalties on bodies corporate) of the Dentists Act M2 ,

[F2 NHS England] may, by written notice, terminate the contract if it considers that as a consequence the dental corporation is no longer suitable to be a contractor.

(3) Where the contractor is two or more persons practising in partnership, [F2 NHS England] shall be entitled to terminate the contract by notice in writing on such date as may be specified in that notice where one or more partners have left the practice during the existence of the contract if, in its reasonable opinion, [F2 NHS England] considers that the change in membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or [F2 NHS England] to perform its obligations under the contract.

(4) A notice given to the contractor pursuant to sub-paragraph (3) shall specify—

(a) the date upon which the contract is to be terminated; and

(b) [F2 NHS England’s] reasons for considering that the change in the membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Primary Care Trust to perform its obligations under the contract.

[F3 (5) Where the contractor is a limited liability partnership, [F2 NHS England] shall be entitled to terminate the contract by notice in writing on such date as may be specified in that notice where one or more members have left the practice during the existence of the contract if, in its reasonable opinion, [F2 NHS England] considers that the change in membership of the limited liability partnership is likely to have a serious adverse impact on the ability of the contractor or [F2 NHS England] to perform its obligations under the contract.

(6) A notice given to the contractor pursuant to sub-paragraph (5) shall specify—

(a) the date upon which the contract is to be terminated; and

(b) [F2 NHS England’s] reasons for considering that the change in the membership of the limited liability partnership is likely to have a serious adverse impact on the ability of the contractor or [F2 NHS England] to perform its obligations under the contract.]

Textual Amendments

F1 Sch. 3 para. 74 heading substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(47)(c) (with Sch. 1)

F2 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F3 Sch. 3 para. 74(5)(6) added (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(47)(b)(ii) (with Sch. 1)

Marginal Citations

M1 Section 43 of the Dentists Act is substituted by the Dentists Act Amendment Order 2005, article 39.

M2 Section 43B was inserted into, and section 44 is substituted by, the Dentists Act Amendment Order, article 39.