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11.—(1) The number of units of orthodontic activity to be provided by the contractor under a general dental services contract entered into under Chapter 1 will be determined in accordance with—
(a)paragraphs (2) to (6) in the case of entitlement to a general dental services contract under article 4 or 5; or
(b)paragraphs (3) to (5) in the case of entitlement to a general dental services contract under article 6.
(2) The Local Health Board will, by—
(a)analysing the data it holds in respect of the orthodontic care and treatment provided under section 35 arrangements during the year 1 October 2004 to 30 September 2005 by the person or persons with whom the general dental services contract is to be entered into; and
(b)reference to the conversion criteria to units of orthodontic activity specified in Part 2 of Schedule 2 to the GDS Contracts Regulations,
calculate how many units of orthodontic activity is the equivalent to the orthodontic care and treatment provided by that person or persons during the year 1 October 2004 to 30 September 2005.
(3) Where—
(a)data does not exist for the period specified in paragraph (2)(a); or
(b)data does exist, but it is appropriate to adjust the data,
the contractor and the Local Health Board will agree the number of units of orthodontic activity to be provided.
(4) Where the contractor and Local Health Board cannot agree the number of units of orthodontic activity as provided for in paragraph (3), the general dental services contract will state this to be the case, and will specify a number of units of orthodontic activity which is determined by the Local Health Board.
(5) In determining the number of units of orthodontic activity to be specified under paragraph (4), the Local Health Board will have regard to any data it holds regarding the amount of orthodontic care and treatment provided under section 35 arrangements or, as the case may be, the pilot scheme agreement, by the person or persons with whom the general dental services contract is to be entered into in the period since 1 October 2004.
(6) Nothing in paragraph (2) will prevent the contracting parties agreeing that the contractor will provide a number of units of orthodontic activity that is higher or lower than the number calculated in accordance with paragraph (2).
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