These Regulations set out, for England, the framework for personal dental services agreements under section 28C of the National Health Service Act 1977 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 28D of the Act, must be met by a contractor before the Relevant Body may enter into a personal dental services agreement with it.

Part 3 of the Regulations prescribes the procedure for pre-agreement dispute resolution, in accordance with section 28E(3D) of the Act. Part 3 applies to cases where the contractor is not a health service body. In cases where the contractor is such a body, the procedure for dealing with pre-contract disputes is set out in section 4 of the National Health Service and Community Care Act 1990 (“the 1990 Act”).

Part 4 of the Regulations provides for a contractor to be a health service body for the purposes of section 4 of the 1990 Act unless it objects by serving a notice on the Relevant Body before the agreement is made.

Part 5 of (and Schedules 1 to 3 to) the Regulations prescribe the terms which, in accordance with section 28E of the Act, must be included in a personal dental services agreement.

The prescribed terms include terms relating to—

1. a

   whether the agreement is an NHS contract (regulation 10);

2. b

   the services to be provided and the manner in which they are to be provided (regulations 11 to 14 and 16 and Schedules 1 and 2 and Parts 1 and 2 of Schedule 3);

3. c

   finance, fees and charges (regulations 17 and 18);

4. d

   prescribing of drugs and appliances (Schedule 3, Part 3);

5. e

   the conditions to be met by those who perform services or are employed or engaged by the agreement (Schedule 3, Part 4);

6. f

   patient records, the provision of information and rights of entry and inspection (Schedule 3, Part 5);

7. g

   complaints (Schedule 3, Part 6);

8. h

   procedures for dispute resolution (Schedule 3, Part 7);

9. i

   procedure for a mid-year review of activity under the agreement (Schedule 3, Part 8); and

10. j

    procedures for variation and termination of agreements (Schedule 3, Part 9).

Part 6 of the Regulations provides for the contractor to terminate its agreement and enter into a general dental services contract.

Part 7 of the Regulations makes transitional provision.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. A copy of the Regulatory Impact Assessment can be obtained from www.dh.gov.uk/ria.