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

New regulation 20A

14.  After regulation 20 (other contractual terms), insert—

“Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement

20A.— (1) This regulation applies where the contractor and the Primary Care Trust elect to enter into a Capitation and Quality Scheme Agreement.

(2) Where paragraph (1) applies, the terms of the agreement which have the same effect as the provisions specified in paragraph (3) must be varied in accordance with paragraphs (4) and (5) with effect from the start of the day on which the Capitation and Quality Scheme Agreement commences and for the period ending at the end of the day which is the date of the termination of the Capitation and Quality Scheme Agreement, which must be no later than 31st March 2013.

(3) The provisions specified in this paragraph are—

(a) regulation 13 (units of dental activity);

(b) regulation 17 (finance); and

(c) in Schedule 3—

(i) paragraph 33(2) (patient records), which is a contractor’s discretion to keep patient records in electronic form,

(ii) paragraph 58 (mid-year reviews), in so far as it relates to units of dental activity,

(iii) paragraph 59 (action the Relevant Body can take following a mid-year review), in so far as it relates to units of dental activity, and

(iv) paragraph 61(1)(a) and (3)(a) (variation of an agreement: activity under the agreement), which relate to units of dental activity.

(4) The agreement must include terms that have the effect of temporarily releasing the contractor and the Primary Care Trust from all of the obligations, conditions, payments, rights and liabilities relating to those terms (and only those terms) which have the same effect as the provisions specified in paragraph (3), including any right to enforce those terms.

(5) The agreement must also include terms to have the effect of providing that immediately after the date of the termination of the Capitation and Quality Scheme Agreement—

(a) the terms of the agreement that subsisted between the parties immediately before the Capitation and Quality Scheme Agreement commenced and from which the parties were temporarily released in accordance with paragraph (4) must apply from the day after the date of termination; and

(b) all obligations, conditions, payments, rights and liabilities relating to those terms are to be enforceable from that day.”.