General dental services contracts

28KGeneral dental services contracts: introductory

1

A Primary Care Trust or Local Health Board may enter into a contract under which primary dental services are provided in accordance with the following provisions of this Part.

2

A contract under this section is called in this Act a “general dental services contract”.

3

Subject to any provision made by or under this Part, a general dental services contract may make such provision as may be agreed between the Primary Care Trust or Local Health Board and the contractor in relation to—

a

the services to be provided under the contract (which may include services which are not primary dental services),

b

remuneration under the contract, and

c

any other matters.

4

In this Part, “contractor”, in relation to a general dental services contract, means any person entering into the contract with the Primary Care Trust or Local Health Board.

28LRequirement to provide certain primary dental services

1

A general dental services contract must require the contractor or contractors to provide, for his or their patients, primary dental services of such descriptions as may be prescribed.

2

Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.

28MPersons eligible to enter into GDS contracts

1

A Primary Care Trust or Local Health Board may, subject to such conditions as may be prescribed, enter into a general dental services contract with—

a

a dental practitioner;

b

a dental corporation;

c

two or more individuals practising in partnership where the conditions in subsection (2) are satisfied.

2

The conditions referred to in subsection (1)(c) in relation to a partnership are that—

a

at least one partner is a dental practitioner, and

b

any partner who is not a dental practitioner is either—

i

an NHS employee,

ii

a section 28C employee, section 17C employee or Article 15B employee,

iii

a health care professional who is engaged in the provision of services under this Act, or

iv

an individual falling within section 28D(1)(bc) above.

3

Regulations may make provision as to the effect, in relation to a general dental services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.

4

In this section—

• “dental corporation” means a body corporate which, in accordance with the provisions of Part 4 of the Dentists Act 1984, is entitled to carry on the business of dentistry;

• “health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the contract in question is entered into) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002; and

• “NHS employee”, “section 28C employee”, “section 17C employee” and “Article 15B employee” have the same meanings as in section 28D above.

28NGDS contracts: payments

1

The appropriate authority may give directions as to payments to be made under general dental services contracts.

2

A general dental services contract must require payments to be made under the contract in accordance with directions for the time being in force under this section.

3

Without prejudice to the generality of the power under subsection (1), a direction under that subsection may—

a

provide for payments to be made by reference to compliance with standards or the achievement of levels of performance;

b

provide for payments to be made by reference to—

i

any scheme or scale specified in the direction, or

ii

a determination made by any person in accordance with factors specified in the direction;

c

provide for the making of payments in respect of individual practitioners;

d

provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by a Primary Care Trust or Local Health Board only if it is satisfied as to certain conditions);

e

make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.

4

Before giving a direction under subsection (1), the appropriate authority—

a

must consult any body appearing to the authority to be representative of persons to whose remuneration the direction would relate, and

b

may consult such other persons as the authority thinks appropriate.

5

Section 18(1) and (3)(b) above apply in relation to directions under this section.

6

References in this section to payments include fees, allowances, reimbursements, loans and repayments.

7

In this section “appropriate authority” means—

a

the Secretary of State, in relation to a contract made by a Primary Care Trust;

b

the National Assembly for Wales, in relation to a contract made by a Local Health Board.

28OGDS contracts: other required terms

1

A general dental services contract must contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part).

2

Regulations under subsection (1) may in particular make provision as to—

a

the manner in which, and standards to which, services are to be provided;

b

the persons who perform services;

c

the persons to whom services are to be provided;

d

the variation of contract terms (other than terms required by or under this Part);

e

rights of entry and inspection (including inspection of clinical records and other documents);

f

the circumstances in which, and the manner in which, the contract may be terminated;

g

enforcement;

h

the adjudication of disputes.

3

Regulations under subsection (2)(d) may make provision as to the circumstances in which a Primary Care Trust or Local Health Board may impose a variation of contract terms.

4

Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they are to receive services.

28PGDS contracts: disputes and enforcement

1

Regulations may make provision for the resolution of disputes as to the terms of a proposed general dental services contract.

2

Regulations under subsection (1) may make provision—

a

for the referral of the terms of the proposed contract to the Secretary of State or National Assembly for Wales; and

b

for the Secretary of State or Assembly, or a person appointed by him or it, to determine the terms on which the contract may be entered into.

3

Regulations may make provision for a person or persons entering into a general dental services contract to be regarded as a health service body for any purposes of section 4 of the National Health Service and Community Care Act 1990, in circumstances where he or they so elect.

4

Regulations under subsection (3) may include provision as to the application of section 4 of that Act in cases where—

a

persons practising in partnership elect to become a health service body; and

b

there is a change in the membership of the partnership.

5

Where—

a

by virtue of regulations under subsection (3), subsection (7) of section 4 of that Act applies in relation to a general dental services contract, and

b

a direction as to payments is made under that provision in relation to the contract,

the direction is to be enforceable in a county court (if the court so orders) as if it were a judgment or order of that court.