The National Health Service (Personal Dental Services Agreements) Regulations 2005

[F1 Termination by the Board: additional provisions specific to contracts with dental corporations, companies limited by shares and limited liability partnerships] E+W

72.—(1) Where a party to the agreement is a [F2 dental corporation, company limited by shares, or limited liability partnership], if [F3 the Board] becomes aware that the [F2 dental corporation, company limited by shares, or limited liability partnership] is carrying on any business which [F3 the Board] considers to be detrimental to the contractor's performance of its obligations under the agreement—

(a) [F3 the Board] shall be entitled to give notice to the contractor requiring that the [F2 dental corporation, company limited by shares, or limited liability partnership] 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 [F3 the Board] that the [F2 dental corporation, company limited by shares, or limited liability partnership] has ceased carrying on that business by the end of the notice period, [F3 the Board] may, by a further written notice, terminate the agreement forthwith or from such date as may be specified in the notice.

(2) Where the contractor is a [F4 dental corporation or company limited by shares] and on or after the coming into force for all purposes of article 39 of the Dentists Act Order during the existence of the agreement—

(a) the majority of the directors of the [F4 dental corporation or company limited by shares] cease to be either dental practitioners or dental care professionals;

(b) the [F4 dental corporation or company limited by shares] has been convicted of an offence under section 43(1) of the Dentists Act M1 (directors of bodies corporate); or

(c) the [F4 dental corporation or company limited by shares], or a director or former director of that [F4 dental corporation or company limited by shares], 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 M2 (further financial penalties on bodies corporate) of the Dentists Act,

[F5 the Board] may, by written notice, terminate the agreement if it considers that as a consequence the [F4 dental corporation or company limited by shares] is no longer suitable to be a contractor.

[F6 (3) Where the contractor is a company limited by shares and the company ceases—

(a) to be a company limited by shares; or

(b) to satisfy the conditions in section 108(1A) of the 2006 Act,

the Board shall serve notice in writing on the contractor terminating the contract forthwith.

(4) Where the contractor is a limited liability partnership and—

(a) the partnership ceases to be a limited liability partnership; or

(b) section 108(1B) or (1C) of the 2006 Act ceases to apply in respect of that partnership,

the Board shall serve notice in writing on the contractor terminating the contract forthwith.]

Textual Amendments

F1 Sch. 3 para. 72 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(46)(d) (with Sch. 2)

F2 Words in Sch. 3 para. 72(1) 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(46)(a)(i) (with Sch. 2)

F3 Words in Sch. 3 para. 72(1) 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(46)(a)(ii) (with Sch. 2)

F4 Words in Sch. 3 para. 72(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(46)(b)(i) (with Sch. 2)

F5 Words in Sch. 3 para. 72(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(46)(b)(ii) (with Sch. 2)

F6 Sch. 3 para. 72(3)(4) inserted (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(46)(c) (with Sch. 2)

Marginal Citations

M1 Section 43 of the Dentists Act 1984 is substituted by the Dentists Act Order 2005, article 39.

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