38.—(1) A contractor shall, subject to sub-paragraphs (2) and (3), sufficiently answer any inquiries whether oral or in writing from [F1the Board] concerning—
(a)any prescription form issued by a prescriber;
(b)the considerations by reference to which prescribers issue such forms;
(c)the referral by or on behalf of the contractor of any patient for any other services provided under the Act; or
(d)the considerations by which the contractor makes such referrals or provides for them to be made on its behalf.
(2) An inquiry referred to in sub-paragraph (1) may only be made for the purpose either of obtaining information to assist [F1the Board] to discharge its functions or of assisting the contractor in the discharge of its obligations under the agreement.
(3) The contractor shall not be obliged to answer any inquiry referred to in sub-paragraph (1) unless it is made—
(a)in the case of sub-paragraph (1)(a) or (1)(b), by an appropriately qualified health care professional; or
(b)in the case of sub-paragraph (1)(c) or (1)(d), by an appropriately qualified dental practitioner,
appointed in either case by [F1the Board] to assist it in the exercise of its functions under this paragraph and the person produces, on request, written evidence that he is authorised by [F1the Board] to make such inquiry on its behalf.
Textual Amendments
F1Words in Sch. 3 para. 38(1)-(3) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(19) (with Sch. 2)