The National Health Service (Personal Dental Services Agreements) Regulations 2005

Mid-year reviewsE+W

This section has no associated Explanatory Memorandum

58.—(1) This paragraph and paragraph 59 apply where services are to be provided under the agreement from 1st April in any financial year.

(2) In this paragraph and paragraph 59, references to requirements to provide units of dental activity or units of orthodontic activity are to such requirements under the terms of the agreement giving effect to regulation 13 (units of dental activity) or 14 (units of orthodontic activity).

(3) [F1NHS England] shall, by 31st October in each financial year, determine the number of—

(a)units of dental activity; or

(b)units of orthodontic activity,

that the contractor has provided between 1st April and 30th September of that financial year based on the data provided to it by virtue of paragraph 39.

(4) Where [F1NHS England] determines under sub-paragraph (3) that the contractor has, between 1st April and 30th September, provided less than 30 per cent of the total number of—

(a)units of dental activity; or

(b)units of orthodontic activity,

that it is required to provide in that financial year, sub-paragraph (5) shall apply.

(5) Where this sub-paragraph applies, [F1NHS England] may—

(a)notify the contractor that it is concerned about the level of activity provided under the agreement in the first half of the financial year, setting out—

(i)the number of units of dental activity or units of orthodontic activity (as the case may be) that it has determined that the contractor has provided; and

(ii)the percentage of the total number of units of dental activity or units of orthodontic activity (as the case may be) required to be provided during the financial year that the number in sub-paragraph (i) represents; and

(b)require in that notification that the contractor participate in a mid-year review of its performance in relation to the agreement with [F1NHS England].

(6) Where a mid-year review is required by [F1NHS England] under sub-paragraph (5), [F1NHS England] and the contractor shall discuss at that review—

(a)any written evidence the contractor puts forward to demonstrate that it has performed a greater number of units of dental activity or units of orthodontic activity during the first half of the financial year than those notified to it pursuant to sub-paragraph (5)(a)(i); and

(b)any reasons that the contractor puts forward for the level of activity in the first half of the financial year.

(7) [F1NHS England] shall prepare a draft record of the mid-year review for comment by the contractor and, having regard to such comments, shall produce a final written record of the review.

(8) A copy of the final record of the mid-year review shall be sent to the contractor.

Textual Amendments