- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2016)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/05/2019
Point in time view as at 01/04/2016.
There are currently no known outstanding effects for the The National Health Service (Personal Dental Services Agreements) Regulations 2005, PART 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
33.—(1) The contractor shall ensure that a full, accurate and contemporaneous record is kept in the patient record in respect of the care and treatment given to each patient under the agreement, including treatment given to a patient who is referred to the contractor.
(2) The patient record may be kept in electronic form.
(3) The patient record shall include details of any private services (to the extent that it is provided with services under the agreement) and shall be kept with—
(a)a copy of any treatment plan or referral treatment plan given to the patient pursuant to paragraph 2 of Schedule 1 (referral services) or paragraph 8 of this Schedule;
(b)all radiographs, photographs and study casts taken or obtained by it as part of the services provided to that patient;
(c)where an orthodontic course of treatment has been provided to a patient, a copy of the orthodontic treatment plan;
(d)where information is to be submitted to [F1the Board] F2... in accordance with paragraph 39 and that information is submitted or collated electronically—
(i)the written declaration form in respect of exemption under paragraph 1(1) of Schedule 12ZA to the Act duly made and completed in accordance with regulations made under section 79 of, and paragraph 7(a) to Schedule 12ZA to, that Act; and
(ii)a note of the evidence in support of that declaration; and
(e)the statement concerning any custom-made devices provided by any person as a consequence of regulation 15 of the Medical Devices Regulations 2002 M1 (procedures for custom-made devices) in respect of services being provided to that patient.
(4) The patient record and the items referred to in sub-paragraph (3) shall be retained for a period of two years beginning with—
(a)the date on which—
(i)a course of treatment or orthodontic course of treatment is terminated; or
(ii)a course of treatment or an orthodontic course of treatment is completed; or
(b)in respect of courses of treatment or orthodontic courses of treatment not falling within paragraph (a)(i) or (a)(ii) the date by which no more services can be provided as part of that course of treatment or orthodontic course of treatment by virtue of paragraph 5(4)(b) of Schedule 1 or paragraph 7(4)(b) of this Schedule.
(5) Nothing in this paragraph shall affect any property right which the contractor may have in relation to the records, radiographs, photographs and study models referred to in this paragraph.
Textual Amendments
F1Words in Sch. 3 para. 33(3)(d) 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(16)(a) (with Sch. 2)
F2Words in Sch. 3 para. 33(3)(d) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(16)(b) (with Sch. 2)
Marginal Citations
34. The contractor shall nominate a person with responsibility for practices and procedures relating to the confidentiality of personal data held by it.
35.—(1) The contractor shall ensure that there is displayed in a prominent position in its practice premises, in a part to which patients have access—
(a)in respect of its practice based quality assurance system referred to in paragraph 78, a written statement relating to its commitment to the matters referred to in paragraph 78(4);
[F3(b)such information relating to NHS Charges as is supplied by the Board for the purposes of providing information to patients; and]
(c)information about the complaints procedure which it operates in accordance with Part 6, giving the name and title of the person nominated by the contractor in accordance with paragraph 50(2)(a).
(2) The contractor shall—
(a)compile a document (in this paragraph called a “patient information leaflet”) which shall include the information specified in Schedule 4;
(b)review its patient information leaflet at least once in every period of 12 months and make any amendments necessary to maintain its accuracy; and
(c)make available a copy of the leaflet, and any subsequent updates, to its patients and prospective patients.
(3) The requirements in sub-paragraph (2) do not apply to any contractor to the extent that it provides services to persons detained in prison.
Textual Amendments
F3Sch. 3 para. 35(1)(b) 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(17) (with Sch. 2)
36.—(1) The contractor shall, at the request of [F5the Board]—
(a)produce to [F5the Board] or to a person authorised in writing by [F5the Board] in such format, and at such intervals or within such time, as [F5the Board] specifies; or
(b)allow [F5the Board], or a person authorised in writing by it to access,
the information specified in sub-paragraph (2).
(2) The information specified for the purposes of sub-paragraph (1) is—
(a)any information which is reasonably required by [F5the Board] for the purposes of or in connection with the agreement; and
(b)any other information which is reasonably required in connection with [F6the Board's] functions,
and includes the contractor's patient records.
Textual Amendments
F4Words in Sch. 3 para. 36 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(18)(c) (with Sch. 2)
F5Words in Sch. 3 para. 36(1)(2)(a) 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(18)(a) (with Sch. 2)
F6Words in Sch. 3 para. 36(2)(b) 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(18)(b) (with Sch. 2)
F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 3 para. 37 omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(a)
38.—(1) A contractor shall, subject to sub-paragraphs (2) and (3), sufficiently answer any inquiries whether oral or in writing from [F8the Board] concerning—
(a)any prescription form issued by a prescriber;
(b)the considerations by reference to which prescribers issue such forms;
(c)the referral by or on behalf of the contractor of any patient for any other services provided under the Act; or
(d)the considerations by which the contractor makes such referrals or provides for them to be made on its behalf.
(2) An inquiry referred to in sub-paragraph (1) may only be made for the purpose either of obtaining information to assist [F8the Board] to discharge its functions or of assisting the contractor in the discharge of its obligations under the agreement.
(3) The contractor shall not be obliged to answer any inquiry referred to in sub-paragraph (1) unless it is made—
(a)in the case of sub-paragraph (1)(a) or (1)(b), by an appropriately qualified health care professional; or
(b)in the case of sub-paragraph (1)(c) or (1)(d), by an appropriately qualified dental practitioner,
appointed in either case by [F8the Board] to assist it in the exercise of its functions under this paragraph and the person produces, on request, written evidence that he is authorised by [F8the Board] to make such inquiry on its behalf.
Textual Amendments
F8Words in Sch. 3 para. 38(1)-(3) 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(19) (with Sch. 2)
39.—(1) Subject to paragraph (2), the contractor shall, within two months of the date upon which—
(a)it completes a course of treatment in respect of mandatory or additional services;
(b)it completes a case assessment in respect of an orthodontic course of treatment that does not lead to a course of treatment;
(c)it provides an orthodontic appliance following a case assessment in respect of orthodontic treatment;
(d)it completes a course of treatment in respect of orthodontic treatment;
(e)it completes a course of treatment in respect of mandatory services or additional services or orthodontic course of treatment is terminated; or
(f)in respect of courses not falling with sub-paragraph (d) or (e), no more services can be provided by virtue of paragraph 5(4)(b) of Schedule 1 (orthodontic course of treatment) or paragraph 7(4)(b) of this Schedule,
[F9send to the Board on a form supplied by it], the information specified in paragraph (3).
F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The information referred to in sub-paragraphs (1) and (2) comprise of —
(a)details of the patient to whom it provides services;
(b)details of the services provided (including any appliances provided) to that patient;
(c)details of any NHS Charge payable and paid by that patient; and
(d)in the case of a patient exempt from NHS Charges and where such information is not submitted electronically, the written declaration form and note of evidence in support of that declaration.
Textual Amendments
F9Words in Sch. 3 para. 39(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(20)(a) (with Sch. 2)
F10Sch. 3 para. 39(2) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(20)(b) (with Sch. 2)
40.—(1) [F11The Board] shall provide to the contractor an annual report relating to the agreement which shall contain the same categories of information for all persons who hold agreements with [F12the Board].
(2) Once [F11the Board] has provided the report referred to in sub-paragraph (1), [F11the Board] shall arrange with the contractor an annual review of its performance in relation to the agreement.
(3) [F11The Board] shall prepare a draft record of the review referred to in sub-paragraph (2) for comment by the contractor and, having regard to such comments, shall produce a final written record of the review.
(4) A copy of the final record referred to in sub-paragraph (3) shall be sent to the contractor.
Textual Amendments
F11Words in Sch. 3 para. 40(1)-(3) 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(21)(a) (with Sch. 2)
F12Words in Sch. 3 para. 40(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(21)(b) (with Sch. 2)
41.—(1) In addition to any requirements of notification elsewhere in these Regulations, the contractor shall notify [F14the Board] in writing, as soon as reasonably practicable, of—
(a)any serious incident that, in the reasonable opinion of the contractor, affects or is likely to affect the contractor's performance of its obligations under the agreement; or
(b)any circumstances which give rise to [F15the Board's] right to terminate the agreement under paragraph 68 or 69(1).
(2) The contractor shall, unless it is impracticable for it to do so, notify [F14the Board] in writing within 28 days of any occurrence requiring a change in the information about it published by [F14the Board] in accordance with regulations made under section 16CA(3) of the Act M2 (primary dental services).
(3) The contractor shall give notice in writing to [F14the Board] when a dental practitioner who is performing or will perform services under the agreement—
(a)leaves the contractor, and the date upon which he left; or
(b)is employed or engaged by the contractor,
which shall include the name of the dental practitioner who has left, or who has been employed or engaged, together with his professional registration number.
Textual Amendments
F13Words in Sch. 3 para. 41 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(22)(c) (with Sch. 2)
F14Words in Sch. 3 para. 41(1)-(3) 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(22)(a) (with Sch. 2)
F15Words in Sch. 3 para. 41(1)(b) 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(22)(b) (with Sch. 2)
Marginal Citations
M2Section 16CA was inserted into the Act by section 170 of the 2003 Act.
42. Where a dental corporation is a party to the agreement, it shall give notice in writing to the Board forthwith when—
(a)it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;
(b)circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;
(c)circumstances arise which would enable the court to make a winding up order in respect of the contractor; or
(d)the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts).]
Textual Amendments
F16Sch. 3 para. 42 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(23) (with Sch. 2)
42A.—(1) Where a company limited by shares is a party to the agreement, it shall give notice in writing to the Board forthwith when—
(a)it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;
(b)circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;
(c)circumstances arise which would enable the court to make a winding up order in respect of the contractor;
(d)the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts); or
(e)changes take place in relation to the ownership of shares in the company.
(2) A notice under sub-paragraph (e) must—
(a)provide the name of any person ceasing to own a share in the company;
(b)provide the name of any new person acquiring a share in the company; and
(c)confirm that following any changes in share ownership, that the company continues to meet the conditions in section 108(1A) of the 2006 Act.
Textual Amendments
F17Sch. 3 paras. 42A, 42B 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(24) (with Sch. 2)
42B.—(1) Where a limited liability partnership is a party to an agreement it shall give notice to the Board forthwith when—
(a)it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;
(b)circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;
(c)circumstances arise which would enable the court to make a winding up order in respect of the contractor;
(d)the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts); or
(e)any membership changes are notified in accordance with section 9 of the Limited Liability Partnership Act 2000 (registration of membership changes) to the registrar (within the meaning of that Act) in relation to a person who becomes or ceases to be a member or designated member (within the meaning of that Act) and the notice must specify the date on which that person becomes or ceases to be a member or designated member (as the case may be).
(2) A notice under sub-paragraph (e) must confirm—
(a)that any new member joining the partnership meets the conditions imposed by regulation 4 (general conditions relating to all agreements); and
(b)following the membership changes, that sub-sections 108(1B) or 108(1C) of the 2006 Act continue to apply to the partnership.]
Textual Amendments
F17Sch. 3 paras. 42A, 42B 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(24) (with Sch. 2)
43. Where the agreement is varied in accordance with Part 9 of this Schedule and, as a result of that variation there is to be a change in the range of services provided by the contractor, the contractor shall ensure that there is displayed in a prominent position in its practice premises, in a part to which patients have access, written details of that change.
43A. [F19Where the contractor has elected to enter into a prototype agreement, except for CDS prototype contractors, the contractor shall]—
(a)send to the Board details of any private treatment provided to a capitated patient attending the practice, in electronic form, whether or not this treatment is associated with services that are provided under the prototype agreement; and
(b)provide to all patients attending for treatment at its practice a privacy notice in a form approved by the Board notifying them about the obligation referred to in sub-paragraph (a).]
Textual Amendments
F18Sch. 3 para. 43A inserted (1.11.2015) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) (No. 2) Regulations 2015 (S.I. 2015/1728), regs. 1(1), 17
F19Words in Sch. 3 para. 43A substituted (1.4.2016) by The National Health Service (Primary Dental Services Miscellaneous Amendments and Directions to the NHS Business Services Authority) Regulations 2016 (S.I. 2016/298), regs. 1(1), 25
44.—(1) Subject to—
(a)the conditions in sub-paragraph (2); and
(b)sub-paragraph (3),
the contractor shall allow persons authorised in writing by [F21the Board] to enter and inspect the practice premises at any reasonable time.
(2) The conditions referred to in sub-paragraph (1)(a) are that—
(a)reasonable notice of the intended entry has been given;
(b)written evidence of the authority of the person seeking entry is produced to the contractor on request; and
(c)entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.
(3) Where the contractor is providing services under the agreement in a prison, the contractor shall not be obliged to comply with sub-paragraph (1), or paragraph F22... 46, if—
(a)the contractor has used its best endeavours to allow [F23the Board] F24... or the [F25Care Quality Commission] to enter and inspect the practice premises; but
(b)entry and inspection has been prevented by the prison authorities despite the contractor's best endeavours.
(4) In this paragraph “practice premises” includes a mobile surgery.
Textual Amendments
F20Words in Sch. 3 para. 44 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(25)(b) (with Sch. 2)
F21Words in Sch. 3 para. 44(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(25)(a) (with Sch. 2)
F22Words in Sch. 3 para. 44(3) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(b)(i)
F23Words in Sch. 3 para. 44(3)(a) 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(25)(a) (with Sch. 2)
F24Words in Sch. 3 para. 44(3)(a) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(b)(ii)
F25Words in Sch. 3 para. 44(3)(a) substituted (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 1(1)(b), Sch. 5 para. 18(a)
F2645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 3 para. 45 omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(c)
[F2846. Subject to paragraph 44(3), the contractor shall allow persons authorised by the Care Quality Commission to enter and inspect the premises in accordance with section 62 of the Health and Social Care Act 2008 (entry and inspection).]]
Textual Amendments
F27Sch. 3 para. 46 substituted (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 1(1)(b), Sch. 5 para. 18(b)
F28Sch. 3 para. 46 substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 19
46A. The contractor must comply with the requirement to allow an authorised representative to enter and view premises and observe the carrying-on of activities on those premises in accordance with regulations made under section 225 (duties of services-providers to allow entry by Local Healthwatch organisations or contractors) of the Local Government and Public Involvement Health Act 2007.]
Textual Amendments
F29Sch. 3 para. 46A 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(26) (with Sch. 2)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys