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

Agreement sanctions and the NHS dispute resolution procedureE+W

This section has no associated Explanatory Memorandum

74.—(1) If there is a dispute between [F1the Board] and the contractor in relation to an agreement sanction that [F1the Board] is proposing to impose, [F1the Board] shall not, subject to sub-paragraph (4), impose the proposed agreement sanction except in the circumstances specified in sub-paragraph (2).

(2) If the contractor refers the dispute relating to the agreement sanction to the NHS dispute resolution procedure within 28 days beginning on the date on which [F1the Board] served notice on the contractor in accordance with paragraph 73(3) (or such longer period as may be agreed in writing with [F1the Board]), and notifies [F1the Board] in writing that it has done so, [F1the Board] shall not impose the agreement sanction unless—

(a)there has been a determination of the dispute pursuant to paragraph 56 and that determination permits [F1the Board] to impose the agreement sanction; or

(b)the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(3) If the contractor does not invoke the NHS dispute resolution procedure within the time specified in sub-paragraph (2), [F1the Board] shall be entitled to impose the agreement sanction forthwith.

(4) If [F1the Board] is satisfied that it is necessary to impose the agreement sanction before the NHS dispute resolution procedure is concluded in order to—

(a)protect the safety of the contractor's patients; or

(b)protect itself from material financial loss,

[F1the Board] shall be entitled to impose the agreement sanction forthwith, pending the outcome of that procedure.

Textual Amendments