The National Health Service (Primary Dental Services) (Miscellaneous Amendments) (No. 2) Regulations 2015

PART 5 Amendment of the BSA Functions Regulations

Amendment of the BSA Functions Regulations

27.  The BSA Functions Regulations are amended in accordance with the Part.

Amendment of regulation 1 of the BSA Functions Regulations

28.  In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2)—

(i) after the definition of “contractor” insert—

““Capitation and Quality Scheme 2 Agreement” has the meaning given in regulation 2 of the GDS Contracts Regulations(1) (interpretation);

“dental practitioner” has the meaning given in paragraph 7 of Schedule 5 to the National Health Service Pension Scheme Regulations 2015(2) (membership gateways – medical practitioners and dental practitioners);”,

(ii) after the definition of “Primary Care Trust” insert—

““prototype agreement” has the meaning given in regulation 2 of the GDS Contracts Regulations(3) (interpretation);”, and

(iii) after the definition of “Relevant Body” insert—

““scheme manager” has the meaning given in Schedule 15 to the National Health Service Pension Scheme Regulations 2015 (definitions);”; and

(b) after paragraph (2), insert the following paragraph—

“(3) In these Regulations, any reference to a GDS Contract or a PDS Agreement includes a reference to such a contract or agreement that has been varied to be a Capitation and Quality Scheme 2 Agreement or a prototype agreement.”.

Insertion of new entries into the Schedule to the BSA Functions Regulations

29.  In the Schedule (functions of the Board exercisable by the Authority), after entry 30, insert the following heading and thereafter the following entries—

“The National Health Service Pension Scheme Regulations 2015
31. Part 4 (contributions) Chapter 1 (determination and payment)	(a) The making of deductions of members’ contributions of dental practitioners from payments made under a GDS Contract or a PDS Agreement.	(a) Providing timely reports to the scheme manager, or where appropriate, the employing authority, in respect of any information which it discovers in the course of, or as a consequence of, performing functions under the Regulations, including regulation 37 (members’ contributions: records and estimates), and which it considers might be evidence of a breach of contract, an unlawful activity or an irregularity, or which is otherwise unusual.
	(b) The paying of those members’ contributions that the employing authority has deducted to the scheme manager.
	(c ) The making of the contributions (including additional contributions) to the scheme manager that the employing authority must make, which relate to those members’ contributions of dental practitioners, and the paying of those employing authority contributions to the scheme manager.
	(d) The keeping of records in respect of contributions deducted and made and the provision of the statements and details relating to contributions referred to in regulation 37 (members contributions: records and estimates), including any revised statements as required, to the scheme manager.
33 Schedule 12 (practitioner contribution payments) Part 1 (accounts)	(a) Giving and receiving notices referred to in paragraph 3 of Schedule 12 (practitioner contribution payments – dentists) including agreeing such other period for the reception of such notices as permitted, accepting replacement notices where a material particular has changed and estimating and recording pensionable earnings in respect of invalid reconciliation notices.	(a) The making of a determination of whether or not a notice under paragraph 3 of Schedule 12 is invalid. (b) The determination of such other period as may be permitted in accordance with paragraph 3(7) of Schedule 12 for the issue and return of the notices referred to in paragraph 3(1) to (6) of that Schedule.
	(b) The provision to the scheme manager of the statements referred to in paragraph 4 of Schedule 12 (information to be provided to the scheme manager) that the employing authority is required to provide.
	(c) The recovery of the amount of any unpaid contributions where an employing authority has ceased to exist in accordance with paragraph 10 of Schedule 12 (recovery of unpaid contributions).”

(1)

The definition was inserted by S.I. 2013/364.

(2)

S.I. 2015/94.

(3)

For further information on prototype agreements see https://www.gov.uk/government/publications/dental-reform-next-step. A hard copy of this document can be obtained by writing to Dental and Eye Care Services, Policy and Legislation Unit, NHS Group, Room 201 Richmond House, 79 Whitehall, London, SW1A 2NS.