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

Termination by [F1 the Board] on grounds of suitability etc. E+W

69.—(1)  [F2 The Board] may serve notice in writing on the contractor terminating the agreement forthwith, or from such date as may be specified in the notice if—

(a) in the case of an agreement with an individual as a party, that individual;

[F3 (b) in the case of an agreement with a dental corporation, any director, chief executive or secretary of that corporation;

(c) in the case of a company limited by shares, any director, chief executive or secretary of that company; or

(d) in the case of a limited liability partnership, any member of that partnership.]

(2) A person falls within this sub-paragraph if—

(a) he or it is the subject of a national disqualification;

(b) subject to sub-paragraph (3), he or it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;

(c) subject to sub-paragraph (4), he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless before [F4 the Board] has served a notice terminating the agreement pursuant to this paragraph, he is employed by the health service body that dismissed him or by another health service body;

(d) he or it is removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act M1 respectively) unless his name has subsequently been included in such a list;

(e) he has been convicted in the United Kingdom of—

(i) murder; or

(ii) a criminal offence other than murder, committed on or after 14th December 2001, and has been sentenced to a term of imprisonment of over six months;

(f) subject to sub-paragraph (5), he has been convicted outside the United Kingdom of an offence—

(i) which would, if committed in England and Wales, constitute murder; or

(ii) committed on or after 14th December 2001, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;

(g) he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 M2 (offences against children and young persons with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M3 (offences against children under the age of 17 years to which special provisions apply);

(h) he or it has—

(i) been [F5 made] bankrupt or had sequestration of his estate awarded [F6 or is a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the Insolvency Act 1986) applies] unless F7 ... he has been discharged [F8 from the bankruptcy or the sequestration] or the bankruptcy order has been annulled;

(ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A[F9 , or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB,] to the Insolvency Act 1986 M4 , unless that order has ceased to have effect or has been annulled;

(iii) made a composition or arrangement with, or granted a trust deed for, his or its creditors unless he or it has been discharged in respect of it; or

(iv) been wound up under Part 4 of the Insolvency Act 1986;

(i) there is—

(i) an administrator, administrative receiver or receiver appointed in respect of it; or

(ii) an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986 M5 ;

(j) he has been—

(i) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or

(ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M6 (powers of the Court of Session to deal with management of charities) [F10 or under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session)], from being concerned in the management or control of any body;

(k) he is subject to a disqualification order under the Company Directors Disqualification Act 1986 M7 , the Companies (Northern Ireland) Order 1986 M8 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or

(l) he has refused to comply with a request by [F11 the Board] for him to be medically examined on the ground that it is concerned that he is incapable of adequately providing services under the agreement.

(3) [F12 The Board] shall not terminate the agreement pursuant to sub-paragraph (2)(b) where it is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be—

(a) a contractor; F13 ...

[F14 (b) in the case of an agreement with a dental corporation, any director, chief executive or secretary of that corporation;

(c) in the case of a company limited by shares, any director, chief executive or secretary of that company; or

(d) in the case of a limited liability partnership, any member of that partnership.]

(4) [F15 The Board] shall not terminate the agreement pursuant to sub-paragraph (2)(c)—

(a) until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or

(b) if, during the period of time specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of his dismissal, until proceedings before that tribunal or court are concluded,

and [F15 the Board] may only terminate the agreement at the end of the period specified in paragraph (b) if there is no finding of unfair dismissal.

(5) [F16 The Board] shall not terminate the agreement pursuant to sub-paragraph (2)(f) where it is satisfied that the conviction does not make the person unsuitable to be—

(a) a contractor; F17 ...

[F18 (b) in the case of an agreement with a dental corporation, any director, chief executive or secretary of that corporation;

(c) in the case of a company limited by shares, any director, chief executive or secretary of that company; or

(d) in the case of a limited liability partnership, any member of that partnership.]

Textual Amendments

F1 Words in Sch. 3 para. 69 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(43)(f) (with Sch. 2)

F2 Words in Sch. 3 para. 69(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(43)(a)(i) (with Sch. 2)

F3 Sch. 3 para. 69(1)(b)-(d) substituted for Sch. 3 para. 69(1)(b) (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(43)(a)(ii) (with Sch. 2)

F4 Words in Sch. 3 para. 69(2)(c) 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(43)(b)(i) (with Sch. 2)

F5 Word in Sch. 3 para. 69(2)(h)(i) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13

F6 Words in Sch. 3 para. 69(2)(h)(i) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(a)(i) (with art. 7)

F7 Words in Sch. 3 para. 69(2)(h)(i) omitted (1.10.2012) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(a)(ii) (with art. 7)

F8 Words in Sch. 3 para. 69(2)(h)(i) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(a)(iii) (with art. 7)

F9 Words in Sch. 3 para. 69(2)(h)(ii) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 48(3)(b) (with arts. 7, 8)

F10 Words in Sch. 3 para. 69(2)(j)(ii) inserted (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(43)(b)(ii) (with Sch. 2)

F11 Words in Sch. 3 para. 69(2)(l) 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(43)(b)(i) (with Sch. 2)

F12 Words in Sch. 3 para. 69(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(43)(c)(i) (with Sch. 2)

F13 Word in Sch. 3 para. 69(3)(a) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(43)(c)(ii) (with Sch. 2)

F14 Sch. 3 para. 69(3)(b)-(d) substituted for Sch. 3 para. 69(3)(b) (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(43)(c)(iii) (with Sch. 2)

F15 Words in Sch. 3 para. 69(4) 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(43)(d) (with Sch. 2)

F16 Words in Sch. 3 para. 69(5) 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(43)(e)(i) (with Sch. 2)

F17 Word in Sch. 3 para. 69(5)(a) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(43)(e)(ii) (with Sch. 2)

F18 Sch. 3 para. 69(5)(b)-(d) substituted for Sch. 3 para. 69(5)(b) (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(43)(e)(iii) (with Sch. 2)

Marginal Citations

M1 Section 49F was inserted into the Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 3, paragraph 21; and the 2003 Act, Schedule 14, Part 2.

M2 1933 c. 12; as amended by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 58(1), Schedule 10, paragraph 2; the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 7; the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 8 and Schedule 16, paragraph 16; and the Sexual Offences Act 1956 (c. 69), sections 48 and 51 and Schedules 3 and 4; as modified by the Criminal Justice Act 1988, section 170(1), Schedule 15, paragraph 9.

M3 1995 c. 46.

M4 1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 3 to, the Enterprise Act 2002 (c. 40).

M5 Schedule B1 was inserted by section 248 of, and Schedule 16 to, the Enterprise Act 2002.

M6 1990 c. 40.

M7 1986 c. 46; as amended by the Insolvency Act 2000 (c. 39).

M8 S.I. 1986/1032 (N.I.6).