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- Point in Time (14/09/2020)
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Version Superseded: 06/11/2023
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There are currently no known outstanding effects for the The National Health Service (Personal Dental Services Agreements) Regulations 2005, Paragraph 44.
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44.—(1) Subject to—
(a)the conditions in sub-paragraph (2); and
(b)sub-paragraph (3),
the contractor shall allow persons authorised in writing by [F2the Board] to enter and inspect the practice premises at any reasonable time.
(2) The conditions referred to in sub-paragraph (1)(a) are that—
(a)reasonable notice of the intended entry has been given;
(b)written evidence of the authority of the person seeking entry is produced to the contractor on request; and
(c)entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.
(3) Where the contractor is providing services under the agreement in a prison, the contractor shall not be obliged to comply with sub-paragraph (1), or paragraph F3... 46, if—
(a)the contractor has used its best endeavours to allow [F4the Board] F5... or the [F6Care Quality Commission] to enter and inspect the practice premises; but
(b)entry and inspection has been prevented by the prison authorities despite the contractor's best endeavours.
(4) In this paragraph “practice premises” includes a mobile surgery.
Textual Amendments
F1Words in Sch. 3 para. 44 heading 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(25)(b) (with Sch. 2)
F2Words in Sch. 3 para. 44(1) 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(25)(a) (with Sch. 2)
F3Words in Sch. 3 para. 44(3) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(b)(i)
F4Words in Sch. 3 para. 44(3)(a) 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(25)(a) (with Sch. 2)
F5Words in Sch. 3 para. 44(3)(a) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 10(1)(b)(ii)
F6Words in Sch. 3 para. 44(3)(a) substituted (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 1(1)(b), Sch. 5 para. 18(a)
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