The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

Variation and termination of GDS contracts

13.—(1) This paragraph applies where a Primary Care Trust or a contractor has taken any steps in accordance with or in connection with a matter referred to in any of the provisions in Part 9 (variation and termination of contracts) of Schedule 3 to the GDS Contracts Regulations before the appointed day and had it not been for the coming into force of section 34 (abolition of Primary Care Trust) of the 2012 Act that matter would continue to fall to the Primary Care Trust to be dealt with in accordance with Part 9.

(2) Any action taken or omission by a Primary Care Trust in accordance with or in connection with any of the provisions in Part 9 of Schedule 3 to the GDS Contracts Regulations is to be deemed to be action taken or omitted by the Board for the purposes of the continuity of the application of those provisions that have effect on or after the appointed day.

(3) Where an agreement has been reached between a Contractor and a Primary Care Trust in accordance with or in connection with the provisions in Part 9 of Schedule 3 to the GDS Contracts Regulations before the appointed day, that agreement is to be deemed as an agreement made by that Contractor and the Board.

(4) Where notice has been given by the Contractor to the Primary Care Trust or notice has been given by the Primary Care Trust to the Contractor, that notice is to be deemed to have been given by that Contractor to the Board, or as the case may be, notice given by the Board to that Contractor.

(5) Notwithstanding the above paragraphs, the Board may, if it thinks necessary or desirable in order to dispose of a matter justly, review a decision or action taken that it is deemed to have made or taken as a consequence of this paragraph.