59.—(1) Where, following the mid-year review and the provision of the final record of that review to the contractor, [F2the Board], having taken account of any evidence or reasons put forward by the contractor at that review, nevertheless has serious concerns that the contractor is unlikely to provide the number of—
(a)units of dental activity; or
(b)units of orthodontic activity,
that it is required to provide by the end of the financial year, [F2the Board] shall be entitled to take either or both of the steps specified in paragraph (2).
(2) [F2The Board] may—
(a)require the contractor to comply with a written plan drawn up by [F2the Board] to ensure that the level of activity during the remainder of the financial year is such that the contractor will provide the number of units of dental activity or units of orthodontic activity it is required to provide; or
(b)withhold monies payable under the agreement.
(3) The maximum amount that may be withheld under sub-paragraph (2)(b) is—
(a)the amount that is payable under the agreement in respect of the number of units of dental activity or units of orthodontic activity required to be provided in a financial year, less
(b)the amount that would be payable under the agreement as a relevant proportion of that amount if the contractor provided in the whole of the financial year only twice the number of units of dental activity or orthodontic activity that it provided between 1st April and 30th September.
(4) Nothing in this paragraph shall prevent [F3the Board] and the contractor agreeing to vary the contract in accordance with paragraph 61 to adjust—
(a)the level of activity to be provided under the agreement; or
(b)the monies to be paid by [F3the Board] to the contractor under the agreement.
(5) Where [F3the Board] withholds monies pursuant to paragraph (2), it shall ensure that it pays the withheld monies to the contractor as soon as possible following the end of the financial year where the contractor has—
(a)provided the number of units of dental activity or units of orthodontic activity required to be provided; or
(b)failed to provide that number of units of dental activity or units of orthodontic activity, but that failure amounts to 4 per cent or less of the total number of units of dental activity or units of orthodontic activity that ought to have been provided during that financial year (and therefore regulation 15 applies).
Textual Amendments
F1Words in Sch. 3 para. 59 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), 39(33)(b) (with Sch. 2)
F2Words in Sch. 3 para. 59(1)(2) 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), 39(33)(a) (with Sch. 2)
F3Words in Sch. 3 para. 59(4)(5) 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), 39(33)(a) (with Sch. 2)