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SCHEDULE 3E+WOTHER CONTRACTUAL TERMS

PART 10E+WMISCELLANEOUS

Evidence of exemption under the ActE+W

78.—(1) Subject to sub-paragraph (2), the contractor shall ensure that it requests, in respect of a person who makes a declaration relating to exemption under paragraph 1(1) of Schedule 12ZA M1 to the Act, evidence in support of that declaration.

(2) The contractor shall ensure that—

(a)a note of the type of evidence submitted is made; or

(b)in the case where no evidence is submitted, a note of that fact is made.

(3) Sub-paragraphs (1) and (2) do not apply where the contractor is satisfied that the person in respect of whom the declaration is made is under the age of 18 years.

Marginal Citations

M1Section 12ZA is inserted into the Act by section 183(2) of the 2003 Act.

Clinical governance arrangementsE+W

79.—(1) The contractor shall comply with such clinical governance arrangements as [F1NHS England] may establish in respect of contractors providing services under a contract.

(2) The contractor shall nominate a person who manages services under the contract to have responsibility for ensuring compliance with clinical governance arrangements.

(3) In this paragraph, “clinical governance arrangements” means arrangements through which the contractor endeavours to continuously improve the quality of its services and safeguard high standards of care by creating an environment in which clinical excellence can flourish.

Textual Amendments

[F2Duty as to education and trainingE+W

79A.  The contractor must co-operate with the Secretary of State in the discharge of the Secretary of State’s duty under section 1F of the 2006 Act (duty as to education and training), or, co-operate with [F3NHS England] where [F3NHS England] is discharging that duty by virtue of [F4section 97 of the Care Act 2014].]

Textual Amendments

Quality assurance systemE+W

80.—(1) The contractor shall establish and operate a practice based quality assurance system which is applicable to all the persons specified in sub-paragraph (2).

(2) The specified persons are—

(a)any dental practitioner who performs services under the contract; and

(b)any other person employed or engaged by the contractor to perform or assist in the performance of services under the contract.

(3) A contractor shall ensure that in respect of its practice based quality assurance system, it has nominated a person (who need not be connected with the contractor's practice) to be responsible for operating that system.

(4) In this paragraph, “a practice based quality assurance system” means one which comprises a system to ensure that—

(a)effective measures of infection control are used;

(b)all legal requirements relating to health and safety in the workplace are satisfied;

(c)all legal requirements relating to radiological protection are satisfied; and

(d)any requirements of the General Dental Council in respect of the continuing professional development of dental practitioners are satisfied.

Insurance: negligent performanceE+W

81.—(1) The contractor shall at all times [F5have in force in relation to it an indemnity arrangement which provides appropriate cover].

(2) The contractor shall not sub-contract its obligations to provide clinical services under the contract unless it has satisfied itself that the sub-contractor [F6has in force in relation to it an indemnity arrangement which provides appropriate cover].

(3) In this paragraph—

(a)[F7“indemnity arrangement” means] a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;

[F8(aa)“appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;] and

(b)a contractor or sub-contractor shall be regarded as [F9having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to] an employee of its in connection with clinical services which that employee provides under the contract or, as the case may be, sub-contract.

Textual Amendments

Public liability insuranceE+W

82.—(1) The contractor shall at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the contract which are not covered by [F10an indemnity arrangement] referred to in paragraph 81(1).

(2) In this paragraph, “[F11indemnity arrangement]” has the same meaning as in paragraph 81.

Textual Amendments

GiftsE+W

83.—(1) The contractor shall keep a register of gifts which are given to any of the persons specified in sub-paragraph (2) by or on behalf of—

(a)a patient;

(b)a relative of a patient; or

(c)any person who provides or wishes to provide services to the contractor or its patients in connection with the contract,

and have, in its reasonable opinion, an individual value of more than £100.00.

(2) The persons referred to in sub-paragraph (1) are—

(a)the contractor;

(b)where the contract is with two or more individuals practising in partnership, any partner;

(ba)[F12where the contract is with a limited liability partnership, a member of that limited liability partnership;]

(c)where the contract is with a dental corporation a director, chief executive or secretary of the corporation;

(d)any person employed by the contractor for the purposes of the contract;

(e)any dental practitioner engaged by the contractor for the purposes of the contract;

(f)any spouse or civil partner of a contractor (where the contractor is an individual dental practitioner) or of a person specified in paragraphs (b) to (e); or

(g)any person whose relationship with the contractor (where the contractor is an individual dental practitioner) or with a person specified in paragraphs (b) to (e) has the characteristics of the relationship between husband and wife or civil partners.

(3) Sub-paragraph (1) does not apply where—

(a)there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided by the contractor;

(b)the contractor is not aware of the gift; or

(c)in a case falling within sub-paragraph (1)(c), the contractor is not aware that the donor wishes to provide services to the contractor.

(4) The contractor shall take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1) and which are given to any of the persons specified in sub-paragraph (2)(b) to (2)(g).

(5) The register referred to in sub-paragraph (1) shall include the following information—

(a)the name of the donor;

(b)in a case where the donor is a patient, the patient's National Health Service number or, if the number is not known, his address;

(c)in any other case, the address of the donor;

(d)the nature of the gift;

(e)the estimated value of the gift; and

(f)the name of the person or persons who received the gift.

(6) The contractor shall make the register available to [F1NHS England] on request.

Textual Amendments

Compliance with legislation and guidanceE+W

84.  The contractor shall—

(a)comply with all relevant legislation; and

[F13(b)have regard to all relevant guidance issued by [F1NHS England] and the Secretary of State].

Textual Amendments

Third party rightsE+W

85.  The contract shall not create any right enforceable by any person not a party to it.

Signing of documentsE+W

86.—(1) In addition to any other requirement that may relate to the documents specified in sub-paragraph (2), whether in these Regulations or otherwise, the contractor shall ensure such documents include—

(a)the name and clinical profession of the professional who signed the document; and

(b)the name of the contractor on whose behalf it is signed.

(2) The reference to documents in sub-paragraph (1) include—

(a)forms that are required to be completed as a consequence of these Regulations, where such forms require a signature;

(b)prescription forms; and

(c)any other clinical document.