PART 2CONTRACTORS
F7Conditions: introductory3
Subject to the provisions of any scheme made by the Secretary of State under section 300 (transfer schemes) and any order made under section 303 (power to make consequential provision) of the 2012 Act, F15NHS England may only enter into a contract if the conditions set out in—
a
regulation 4; and
b
in the case of a contract to be entered into with a dental corporation on or after the coming into force for all purposes of article 39 of the Dentists Act Order (substitution of sections 43 and 44), regulation 5,
are met.
General prescribed conditions relating to all contracts4
1
For the purposes of section 28M of the Act (conditions upon which a general dental services contract may be entered into) the prescribed condition is that a person must not fall within paragraph (3).
2
The reference to a person in paragraph (1) includes any director, chief executive or secretary of a dental corporation F9or any member of a limited liability partnership.
3
A person falls within this paragraph if—
a
he or it is the subject of a national disqualification;
b
subject to paragraph (4), he or it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation) from practising by any licensing body anywhere in the world;
c
within the period of five years prior to the date the contract is to be commenced or, if earlier, the date on which the contract is to be signed—
i
he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body, unless he has subsequently been employed by that health service body or another health service body and paragraph (5) applies to him or that dismissal was the subject of a finding of unfair dismissal by any competent tribunal or court; or
ii
he or it has been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act respectively M1) unless his or its name has subsequently been included in such a list;
d
he has been convicted in the United Kingdom of—
i
murder; or
ii
a criminal offence other than murder, committed on or after 14th December 2001, and has been sentenced to a term of imprisonment of over six months;
e
subject to paragraph (6), he has been convicted outside the United Kingdom of an offence—
i
which would, if committed in England and Wales, constitute murder; or
ii
committed on or after 14th December 2001, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;
f
he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 M2 (offences against children and young persons with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M3 (offences against children under the age of 17 years to which special provisions apply) committed on or after 1st April 2006;
g
he or it has—
i
been F14made bankrupt or had sequestration of his estate awarded F3or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies unless F4... he has been discharged F5from the bankruptcy or the sequestration or the bankruptcy order has been annulled;
ii
been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4AF6, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB, to the Insolvency Act 1986 M4 unless that order has ceased to have effect or has been annulled; or
iii
made a composition or arrangement with, or granted a trust deed for, his or its creditors unless he or it has been discharged in respect of it;
h
an administrator, administrative receiver or receiver is appointed in respect of it;
i
he has within the period of five years prior to the date the contract is to be commenced or, if earlier, the date on which the contract is to be signed—
i
been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or
ii
been removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M5 (powers of the Court of Session to deal with management of charities) F10or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session), from being concerned in the management or control of any body; or
F114
A person shall not fall within paragraph (3)(b) where F15NHS England is satisfied that the disqualification or suspension from practising is imposed by a licensing body outside the United Kingdom and it does not make that person unsuitable to be—
a
a contractor;
b
a director, chief executive or secretary of a corporation entering into a contract, in the case of a contract with a dental corporation; or
c
a member of a limited liability partnership entering into a contract, in the case of a contract with a limited liability partnership,
as the case may be.
5
Where a person has been employed as a member of a health care profession any subsequent employment must also be as a member of that profession.
F126
A person shall not fall within paragraph (3)(e) where F15NHS England is satisfied that the conviction does not make that person unsuitable to be—
a
a contractor;
b
a director, chief executive or secretary of a corporation entering into a contract, in the case of a contract with a dental corporation; or
c
a member of a limited liability partnership entering into a contract, in the case of a contract with a limited liability partnership,
as the case may be.
F87
For the purposes of paragraph (3)(c)(i), a health service body includes a Strategic Health Authority or a Primary Care Trust which was established before the coming into force of sections 33 and 34 of the 2012 Act.
Additional prescribed conditions relating to contracts with dental corporations5
1
Subject to paragraph (2), it is a condition in the case of a contract to be entered into with a dental corporation on or after the date of the coming into force for all purposes of article 39 of the Dentists Act Order that no—
a
offence has been or is being committed under section 43 of the Dentists Act; or
b
financial penalty has been imposed under section 43B or 44 of the Dentists Act.
2
Paragraph (1) shall not apply if F15NHS England is satisfied that any offence under section 43 or penalty imposed under section 43B or 44 of the Dentists Act does not make the dental corporation unsuitable to be a contractor, whether by virtue of the time that has elapsed since any conviction or penalty was imposed, or otherwise.
Reasons6
1
Where F15NHS England is of the view that the conditions in regulation 4 or 5 for entering into a contract are not met it shall notify in writing the person or persons intending to enter into the contract of its view and its reasons for that view and of his, its, or their right of appeal under regulation 7.
F132
F15NHS England shall notify in writing its view and its reasons for that view to—
a
a director, chief executive or secretary of a dental corporation; or
b
the members of a limited liability partnership;
who is, or are, notified under paragraph (1) where its reasons for the decision relates to that person or those persons.