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

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Changes over time for: Paragraph 71

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There are currently no known outstanding effects for the The National Health Service (General Dental Services Contracts) Regulations 2005, Paragraph 71. Help about Changes to Legislation

Termination by [F1NHS England] on grounds of suitability etc.E+W

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71.—(1) [F1NHS England] may serve notice in writing on the contractor terminating the contract forthwith, or from such date as may be specified in the notice if—

(a)in the case of a contract with a dental practitioner, that dental practitioner;

(b)in the case of a contract with two or more individuals practising in partnership, any individual or the partnership; F2...

(c)in the case of a contract with a dental corporation—

(i)the corporation; or

(ii)any director, chief executive or [F3the secretary of the corporation; and]

[F4(d)in the case of a contract with a limited liability partnership—

(i)the limited liability partnership; or

(ii)any member of the limited liability partnership,]

falls within sub-paragraph (2) during the existence of the contract or, if later, on or after the date on which a notice in respect of his compliance with the conditions in regulation 4 or 5 was given under paragraph 42(2).

(2) A person falls within this sub-paragraph if—

(a)he or it is the subject of a national disqualification;

(b)subject to sub-paragraph (3), he or it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;

(c)subject to sub-paragraph (4), he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless before [F1NHS England] has served a notice terminating the contract pursuant to this paragraph, he is employed by the health service body that dismissed him or by another health service body;

(d)he or it is removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act M1 respectively) unless his name has subsequently been included in such a list;

(e)he has been convicted in the United Kingdom of—

(i)murder; or

(ii)a criminal offence other than murder, committed on or after 14th December 2001, and has been sentenced to a term of imprisonment of over six months;

(f)subject to sub-paragraph (5), he has been convicted outside the United Kingdom of an offence—

(i)which would, if committed in England and Wales, constitute murder; or

(ii)committed on or after 14th December 2001, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;

(g)he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 M2 (offences against children and young persons with respect to which special provisions apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M3 (offences against children under the age of 17 years to which special provisions apply);

(h)he or it has—

(i)been [F5made] bankrupt or had sequestration of his estate awarded [F6or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies] unless F7... he has been discharged [F8from the bankruptcy or the sequestration] or the bankruptcy order has been annulled;

(ii)been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A[F9, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,] to the Insolvency Act 1986 M4, unless that order has ceased to have effect or has been annulled;

(iii)made a composition or arrangement with, or granted a trust deed for, his or its creditors unless he or it has been discharged in respect of it; or

(iv)been wound up under Part IV of the Insolvency Act 1986;

(i)there is—

(i)an administrator, administrative receiver or receiver appointed in respect of it; or

(ii)an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986 M5;

(j)that person is a partnership and—

(i)a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator; or

(ii)an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership;

(k)he has been—

(i)removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or

(ii)removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M6 (powers of the Court of Session to deal with management of charities) [F10or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)], from being concerned in the management or control of any body;

(l)he is subject to a disqualification order under the Company Directors Disqualification Act 1986 M7, the Companies (Northern Ireland) Order 1986 M8 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(m)he has refused to comply with a request by [F1NHS England] for him to be medically examined on the grounds that it is concerned that he is incapable of adequately providing services under the contract and, in a case where the contract is with two or more individuals practising in partnership[F11, with a dental corporation or a limited liability partnership] [F1NHS England] is not satisfied that the contractor is taking adequate steps to deal with the matter.

(3) [F1NHS England] shall not terminate the contract pursuant to sub-paragraph (2)(b) where [F1NHS England] is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be—

(a)a contractor;

(b)a partner, in the case of a contract with two or more individuals practising in partnership; F12...

(c)in the case of a contract with a dental corporation, a director, chief executive or secretary of the corporation [F13; or]

[F14(d)in the case of a contract with a limited liability partnership, a member of that limited liability partnership.]

(4) [F1NHS England] shall not terminate the contract pursuant to sub-paragraph (2)—

(a)until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

(b)if, during the period of time specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of his dismissal, until proceedings before that tribunal or court are concluded,

and [F1NHS England] may only terminate the contract at the end of the period specified in paragraph (b) if there is no finding of unfair dismissal at the end of those proceedings.

(5) [F1NHS England] shall not terminate the contract pursuant to sub-paragraph (2)(f) where [F1NHS England] is satisfied that the conviction does not make the person unsuitable to be—

(a)a contractor;

(b)a partner, in the case of a contract with two or more individuals practising in partnership; F15...

(c)in the case of a contract with a dental corporation, a director, chief executive or secretary of the corporation [F16; or]

[F17(d)in the case of a contract with a limited liability partnership, a member of that limited liability partnership.]

Textual Amendments

Marginal Citations

M1Section 49F was inserted into the Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 3, paragraph 21 and the 2003 Act, Schedule 14, Part 2.

M21933 c. 12 as amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1), Schedule 10, paragraph 2, the Sexual Offences Act 2003 (c. 42) section 139 and Schedule 6, paragraph 7, the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 8 and Schedule 16, paragraph 16 and the Sexual Offences Act 1956 (c. 69), sections 48 and 51 and Schedules 3 and 4; and as modified by the Criminal Justice Act 1988, section 170(1), Schedule 15, paragraph 9.

M41986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 3 to, the Enterprise Act 2002 (c. 40).

M5Schedule B1 was inserted by section 248 of and Schedule 16 to the Enterprise Act 2002.

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