The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Dental Services Contracts) Regulations 2005 (“the GDS Contracts Regulations”) and the National Health Service (Personal Dental Services Agreements) Regulations 2005 (“the PDS Agreements Regulations”).

Regulations 3 and 10 respectively amend regulations 2 of the GDS Contracts Regulations and the PDS Agreements Regulations to insert new definitions.

Part 2 amends the GDS Contracts Regulations. In particular regulation 7 inserts a new regulation 24A to require the terms of a GDS contract to be varied in a case where the contractor and the Primary Care Trust elect to enter into a Capitation and Quality Scheme Agreement. A Capitation and Quality Scheme Agreement is an agreement made in accordance with the National Health Service (Dental Services) (Capitation and Quality Scheme Agreements) Directions 2011 made by the Secretary of State under section 8 of the National Health Service Act 2006, which set the framework for piloting new arrangements for the provision of primary dental services. The piloted arrangements must come to an end on 31st March 2013.

Regulation 8 amends Schedule 3 in relation to other contractual terms which a GDS contract must contain, namely—

(i) paragraph (1)(4)(a) which provides that a contractor may not refuse to provide treatment on the grounds specified; and

(ii) paragraph 65(1) in respect of termination of a contract on the death of a contractor.

Part 3 makes amendments to the PDS Agreements Regulations which mirror those made to the GDS Contracts Regulations.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.