Made | 28 February 2006 | ||
Coming into force | 3 March 2006 |
(2) In this Order, the use of the term "it" in relation to the contractor will be deemed to include a reference to a contractor that is an individual dental practitioner or two or more individuals practising in partnership and related expressions will be construed accordingly.
practises in partnership with him or her; and
(c) in the case of a contract that is to be signed after 31 March 2006, he or she is, at the date on which the contract is to be signed, included in a dental performers list.
(2) A person will not be entitled to enter into a general dental services contract if he or she is an individual dental practitioner who is included in the dental list and in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner provides only orthodontic treatment.
(3) A person will be treated as practising for the purposes of paragraph (1)(b) if he or she would have been so practising on the date in question except for the fact that on that date he or she is—
(b) on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;
(c) on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
(d) performing relevant service.
(4) Where a person is suspended under or as a consequence of any of the provisions referred to in paragraph (3)(a), a Local Health Board will only be required under paragraph (1) to enter into a general dental services contract with him or her during the period of that suspension if it is satisfied that—
(c) the practitioner has in place adequate arrangements for the provision of services under the contract during the period of his or her suspension.
(5) Where a Local Health Board refuses to enter into a general dental services contract as a consequence of paragraph (4), it will notify the prospective contractor in writing of its decision, reasons for that decision and of the individual's right of appeal under article 7.
(6) Where the contracting parties are unable to agree on a particular term of the general dental services contract and the dispute is referred to the National Assembly for Wales for determination in accordance with section 4 of the 1990 Act (NHS contracts) or regulation 8(1) of the GDS Contracts Regulations (pre-contract disputes), the determination may if it is made after the contract has been entered into—
(7) Where a determination is made in accordance with paragraph (6), section 4(8)(a) and (b) of the 1990 Act will apply in respect of the determination where the terms of the general dental services contract is varied or brought to an end.
Partnerships
5.
—(1) Subject to paragraph (2), a Local Health Board must, if a person so wishes, enter into a general dental services contract with him or her as one of two or more individuals practising in partnership if—
(c) he or she wishes to enter into a contract as an individual practising in partnership with the persons referred to in paragraph (b).
(2) A dental practitioner does not fall within paragraph (1)(a) if he or she is included in the dental list on the date in question, and in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner only provides orthodontic treatment.
(3) A person will be treated as practising for the purposes of paragraph (1)(a) if he or she would have been so practising on the date in question except for the fact that on that date he or she is—
(b) on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave pursuant to Determination VI of the SDR;
(c) on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
(d) performing relevant service.
(4) Where the person referred to in paragraph (1)(a) is suspended under or as a consequence of any of the provisions referred to in paragraph (3)(a), a Local Health Board will only be required under paragraph (1) to enter into a general dental services contract with that person and the persons practising in partnership with him or her, if it is satisfied that—
(c) the partnership has in place adequate arrangements for the provision of services under the contract during the period of the individual's suspension.
(5) Where a Local Health Board refuses to enter into a general dental services contract as a consequence of paragraph (4), it will notify the individual who is suspended in writing of its decision, reasons for that decision and of the individual's right of appeal under article 7.
(6) Where the contracting parties are unable to agree on a particular term of the general dental services contract, article 4(6) and (7) will apply.
Pilot scheme providers
6.
—(1) Subject to section 28M[17] of the 1977 Act (but not subject to regulation 4 and 5 of the GDS Contracts Regulations), a Local Health Board must, if a pilot scheme provider so wishes, enter into a general dental services contract instead of a personal dental services agreement where the pilot scheme provider—
(2) Where a pilot scheme provider enters into a general dental services contract under paragraph (1), it will have no entitlement to enter into a personal dental services agreement with the Local Health Board under article 14.
(3) Where the contracting parties are unable to agree on a particular term of the contract, article 4(6) and (7) will apply.
Appeal against refusal to enter into a contract as a consequence of a suspension
7.
—(1) A person who has been notified by a Local Health Board under article 4(5) or 5(5) of its refusal to enter into a general dental services contract may appeal to the National Assembly for Wales by giving notice in writing to the National Assembly for Wales within a period of six weeks beginning on the day that the Local Health Board notified him or her of the refusal.
(2) A notice of appeal under paragraph (1) will include—
(3) The National Assembly for Wales may determine the appeal itself or, if it considers it appropriate, appoint a person or persons to consider and determine it.
(4) Before reaching a decision as to who should determine the dispute, the National Assembly for Wales will, within the period of seven days beginning with the date on which the notice of appeal was sent to it, send a written request to the parties to make in writing, within a specified period, any representations which they may wish to make about the matter.
(5) The National Assembly for Wales will give, with the notice under paragraph (4), to the Local Health Board which is a party to the appeal, a copy of the notice of appeal.
(6) The National Assembly for Wales will—
(7) Following receipt of any representations from the parties or, if earlier, at the end of the period for making such representations specified in the request sent under paragraph (4) or (6), the National Assembly for Wales will, if it decides to appoint a person or persons to consider and determine the dispute—
(8) For the purpose of assisting it, him or her in its, his or her consideration of the matter, the adjudicator may—
(9) Where the adjudicator consults another person under paragraph (8)(b), it, he or she will notify the parties accordingly in writing and, where it, he or she considers that the interests of any party might be substantially affected by the results of the consultation, it, he or she will give to the parties such opportunity as it, he or she considers reasonable in the circumstances to make observations on those results.
(10) In considering the matter, the adjudicator will consider—
(11) In this article, "specified period" means such period as the National Assembly for Wales will specify in the request, being not less than two, nor more than four, weeks beginning with the date on which the notice referred to is given, but the National Assembly for Wales may, if it considers that there is good reason for doing so, extend any such period (even after it has expired) and, where it does so, a reference in this article to the specified period is to the period as so extended.
(12) The adjudicator may, when determining the appeal require the Local Health Board to enter into a general dental services contract with the prospective contractor on terms to be agreed between the parties or, where necessary, determined under the pre-contract dispute resolution procedure in section 4(4) of the 1990 Act (NHS contracts) or under regulation 8 of the GDS Contracts Regulations (pre-contract disputes) (whichever is applicable) but may not require the prospective contractor to proceed with the contract.
(13) The adjudicator will record it, his or her determination in writing and will give notice of the determination (including the record of the reasons) to the parties.
(14) The determination of the adjudicator will be binding upon the parties.
(15) Subject to the other provisions of this article, the adjudicator will have wide discretion in determining the procedure of the appeal to ensure the just, expeditious, economical and final determination of the dispute.
(16) In this article, "adjudicator" means the National Assembly for Wales or a person or persons appointed by it under this article.
Duration of entitlement to a general dental services contract
8.
—(1) In a case where—
the entitlement of the prospective contractor to enter into such a contract continues for the period of six weeks beginning with the date on which the parties were notified of the determination.
(2) Where a person who is entitled to enter into a general dental services contract under article 4(1) or 5(1) has been unable to do so before 1 April 2006 because he or she is performing relevant service, his or her entitlement will continue until the end of the period of six weeks beginning with the date on which he or she ceases to perform relevant service.
Appeal against failure of a Local Health Board to enter into a general dental services contract
9.
—(1) This article applies where a person has—
(2) Where this article applies, the prospective contractor must, if he or she wishes to enter into a general dental service contract, apply in writing to the National Assembly for Wales—
(3) An application under paragraph (2) will specify—
(4) Article 7(3) to 7(16) will apply to an application made under paragraph (1), subject to the modification that the references in article 7(4) and (5) to a notice of appeal will be read as references to an application under paragraph (2) of this article.
(2) The Local Health Board will, by—
calculate how many units of dental activity is the equivalent to the care and treatment provided by that person or persons during the year 1 October 2004 to 30 September 2005.
(3) For the purposes of analysing the data in cases where a patient was accepted for care and treatment under a capitation arrangement, the Local Health Board will make an assumption that two clinical examinations have taken place during the year 1 October 2004 to 30 September 2005.
(4) The Local Health Board will reduce the number of units of dental activity calculated in accordance with paragraphs (2) and (3) by 10 per cent in order to determine how many units of dental activity the contractor will provide in each financial year.
(5) Where—
the contractor and the Local Health Board will agree the number of units of dental activity to be provided.
(6) Where the contractor and the Local Health Board cannot agree the number of units of dental activity as provided for in paragraph (5), the general dental services contract will state this to be the case, and will specify a number of units of dental activity which is determined by the Local Health Board.
(7) In determining the number of units of dental activity to be specified under paragraph (6), the Local Health Board will have regard to any data it holds regarding the amount of 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.
(8) Nothing in paragraphs (2) to (4) will prevent the contracting parties agreeing that the contractor will provide a number of units of dental activity that is higher or lower than the number calculated in accordance with those paragraphs.
Number of units of orthodontic activity
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—
(2) The Local Health Board will, by—
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—
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).
Premises, facilities and equipment
12.
—(1) Where a Local Health Board is not satisfied that the prospective contractor has practice premises to be used for the provision of services under the contract that are—
paragraph 12 of Schedule 3 to the GDS Contracts Regulations will apply as substituted by paragraph (2).
(2) For that paragraph 12 substitute the following—
(2) Subject to the plan referred to in sub-paragraph (1), the contractor will ensure that the practice premises used for the provision of services under the contract are—
(3) The obligation in sub-paragraph (2) includes providing proper and sufficient waiting-room accommodation for patients.
(4) The contractor will provide, in relation to all of the services to be provided under the contract, such other facilities and equipment as are necessary to enable it to perform those services properly.
(5) In this paragraph, "practice premises" includes a mobile surgery.".
Treatment commenced before 1 April 2006
13.
—(1) Where care and treatment is commenced under section 35 arrangements or, as the case may be, a pilot scheme agreement, before 1 April 2006 and is not completed on 31 March 2006, the contractor will use its best endeavours to complete that treatment under its general dental services contract in accordance with paragraph 5(3) of Schedule 1 or, as the case may be, paragraph 6(2) of Schedule 3 to the GDS Contracts Regulations.
(2) Subject to paragraph (3), where treatment specified in a treatment plan provided in accordance with—
is not completed by 1 April 2006 that plan will, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 7 of Schedule 3 to the GDS Contracts Regulations and with regard to it, the requirements in sub-paragraph (1) of that paragraph were satisfied.
(3) Where treatment specified in a treatment plan in respect of orthodontic care and treatment provided in accordance with—
is not completed by 1 April 2006 that plan will, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 6 of Schedule 1 to the GDS Contracts Regulations and with regard to it, the requirements in sub-paragraph (1) of that paragraph were satisfied.
(4) Where care and treatment is commenced prior to 1 April 2006 and continues or is completed on or after that date, all of that care and treatment provided will be treated as though it were a course of treatment or, as the case may be, an orthodontic course of treatment provided in accordance with the GDS Contracts Regulations.
(4) Where a determination is made in accordance with paragraph (3), section 4(8)(a) and (b) of the 1990 Act will apply in respect of the determination where the agreement is varied or brought to an end.
Persons who would be entitled to enter into a general dental services contract
15.
—(1) A Local Health Board must, if a person so wishes, enter into a personal dental services agreement instead of a general dental services contract, where—
(2) Where the person would be entitled to enter into a general dental services contract under article 5, the personal dental services agreement must be with that person and the persons referred to in article 5(1)(b).
(3) Where a person enters into a personal dental services agreement under paragraph (1), he or she will have no entitlement to enter into a general dental services contract under article 4 or 5.
(4) Where the contracting parties are unable to agree on a particular term of the agreement, article 14(3) and (4) will apply.
Individual dental practitioners who provide only orthodontic care and treatment
16.
—(1) Subject to paragraph (2), a Local Health Board must, if a person so wishes, enter into a personal dental services agreement with him or her as the only other party to an agreement if—
practises in partnership with him or her; and
(c) in the case of an agreement that is to be signed after 31 March 2006, he or she is, at the date on which the agreement is to be signed, included in a dental performers list.
(2) A person will be treated as practising for the purposes of paragraph (1)(b) if he or she would have been so practising on the date in question except for the fact that on that date he or she is—
(b) on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;
(c) on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
(d) performing relevant service.
(3) Where a person is suspended under or as a consequence of any of the provisions referred to in paragraph (2)(a), a Local Health Board will only be required under paragraph (1) to enter into a personal dental services agreement with him or her during the period of that suspension if it is satisfied that—
(c) the practitioner has in place adequate arrangements for the provision of services under the agreement during the period of his or her suspension.
(4) Where a Local Health Board refuses to enter into a personal dental services agreement as a consequence of paragraph (3), it will notify the prospective contractor in writing of its decision, reasons for that decision and of the individual's right of appeal under article 18.
(5) Where the contracting parties are unable to agree on a particular term of the personal dental services agreement, article 14(3) and (4) will apply.
Partnerships that provide only orthodontic care and treatment
17.
—(1) A Local Health Board must, if a person so wishes, enter into a personal dental services agreement with him or her (and the persons referred to in paragraph (b)) if—
(b) on 31 March 2006 or, if earlier, on the date on which the agreement is to be signed, he or she is practising in partnership with one or more persons who are—
(c) he or she wishes the Local Health Board to enter into an agreement with him or her and the persons referred to in paragraph (b).
(2) A person will be treated as practising for the purposes of paragraph (1)(a) if he or she would have been so practising on the date in question except for the fact that on the date he or she is—
(b) on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;
(c) on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
(d) performing relevant service.
(3) Where the person referred to in paragraph (1)(a) is suspended under or as a consequence of any of the provisions referred to in paragraph (2)(a), a Local Health Board will only be required under paragraph (1) to enter into a personal dental services agreement with that person and the persons referred to in paragraph (1)(b), if it is satisfied that—
(c) the partnership has in place adequate arrangements for the provision of services under the agreement during the period of the individual's suspension.
(4) Where the Local Health Board refuses to enter into a personal dental services agreement as a consequence of paragraph (3), it will notify the individual who is suspended in writing of its decision, reasons for that decision and of the individual's right of appeal under article 18.
(5) Where the contracting parties are unable to agree on a particular term of the personal dental services agreement, article 14(3) and (4) will apply.
Appeal against refusal to enter into an agreement as a consequence of a suspension
18.
—(1) A person who has been notified by a Local Health Board under article 16(4) or 17(4), of its refusal to enter into a personal dental services agreement may appeal to the National Assembly for Wales by giving notice in writing to the National Assembly for Wales within a period of six weeks beginning on the day that the Local Health Board notified him or her of the refusal.
(2) The procedure referred to in article 7(2) to (16) will apply as if the reference—
Duration of entitlement to a personal dental services agreement
19.
—(1) In a case where—
the entitlement of the prospective contractor to enter into such an agreement continues for the period of six weeks beginning on the date on which the parties were notified of the determination.
(2) Where a person who is entitled to enter into an agreement under article 14(1), 15(1), 16(1) or 17(1) has been unable to do so before 1 April 2006 because he or she is performing relevant service, he or she will be entitled to exercise his or her entitlement to enter into a personal dental services agreement until the end of the period of six weeks beginning on the date on which he or she ceases to perform relevant service.
(3) Nothing in this Order will require a Local Health Board to enter into a personal dental services agreement with any person (whether that person contracts alone or with others) on more than one occasion.
Appeal against failure of a Local Health Board to enter into a personal dental services agreement
20.
—(1) This article applies where a person or persons has—
(2) Where this article applies, the prospective contractor must, if he or she wishes to enter into a personal dental service agreement, apply in writing to the National Assembly for Wales—
(3) An application under paragraph (2) will specify—
(4) Article 7(3) to (16) will apply to an application made under paragraph (2) subject to the modifications in paragraph (5).
(5) In article 7—
(2) The Local Health Board will, by—
calculate how many units of dental activity is the equivalent to the care and treatment provided by that person or persons during the year 1 October 2004 to 30 September 2005.
(3) For the purposes of analysing the data in cases where a patient was accepted for care and treatment under a capitation arrangement, the Local Health Board will make an assumption that two clinical examinations have taken place during the year 1 October 2004 to 30 September 2005.
(4) The Local Health Board will reduce the number of units of dental activity calculated in accordance with paragraphs (2) and (3) by 10 per cent in order to determine how many units of dental activity the contractor will provide in each financial year.
(5) Where—
the contractor and the Local Health Board will agree the number of units of dental activity to be provided.
(6) Where the contractor and the Local Health Board cannot agree the number of units of dental activity as provided for in paragraph (5), the personal dental services agreement will state this to be the case, and will specify a number of units of dental activity which is determined by the Local Health Board.
(7) In determining the number of units of dental activity to be specified under paragraph (6), the Local Health Board will have regard to any data it holds regarding the amount of 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 personal dental services agreement is to be entered into in the period since 1 October 2004.
(8) Nothing in paragraphs (2) to (4) will prevent the contracting parties agreeing that the contractor will provide a number of units of dental activity that is higher or lower than the number calculated in accordance with those paragraphs.
Number of units of orthodontic activity
23.
—(1) The number of units of orthodontic activity to be provided by the contractor under a personal dental services agreement entered into under Chapter 1 will be determined in accordance with—
(2) The Local Health Board will, by—
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—
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 personal dental services agreement 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 personal dental services agreement is to be entered into in the period since 1 October 2004.
(6) In the case to which paragraph (1)(c) applies, the number of units of orthodontic activity to be provided under the personal dental services agreement will be one fifty-fifth of the negotiated annual agreement value of that agreement, as determined in accordance with directions under section 28E(3A) of the 1977 Act (personal dental services: regulations)[18] (so the contractor and the Local Health Board must agree the number of units of orthodontic activity to be provided and the negotiated annual agreement value simultaneously).
(7) Nothing in paragraph (2) will prevent the contracting parties from 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 that paragraph.
Premises, facilities and equipment
24.
—(1) Where a Local Health Board is not satisfied that the prospective contractor has practice premises to be used for the provision of services under the personal dental services agreement that are—
paragraph 13 of Schedule 3 to the PDS Agreements Regulations will apply as substituted by paragraph (2).
(2) For that paragraph 13 substitute the following—
(2) Subject to the plan referred to in sub-paragraph (1), the contractor will ensure that the practice premises used for the provision of services under the agreement are—
(3) The obligation in sub-paragraph (2) includes providing proper and sufficient waiting-room accommodation for patients.
(4) The contractor will provide, in relation to all of the services to be provided under the agreement, such other facilities and equipment as are necessary to enable it to perform those services properly.
(5) In this paragraph, "practice premises" includes a mobile surgery.".
Treatment commenced prior to 1 April 2006
25.
—(1) Where care and treatment is commenced under section 35 arrangements or, as the case may be, a pilot scheme agreement, before 1 April 2006 and is not completed on 31 March 2006 the contractor will use its best endeavours to complete that treatment under its personal dental services agreement in accordance with paragraph 5(3) of Schedule 1 or, as the case may be, paragraph 7(2) of Schedule 3 to the PDS Agreements Regulations.
(2) Subject to paragraph (3), where treatment specified in a treatment plan provided in accordance with—
is not completed by 1 April 2006 that plan will, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 8 of Schedule 3 to the PDS Agreements Regulations and with regard to that plan, the requirements in sub-paragraph (1) of that paragraph were satisfied.
(3) Where treatment specified in a treatment plan in respect of orthodontic care and treatment provided in accordance with—
is not completed by 1 April 2006 that plan will, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 6 of Schedule 1 to the PDS Agreements Regulations and with regard to that plan, the requirements in sub-paragraph (1) of that paragraph were satisfied.
(4) Where care and treatment is commenced prior to 1 April 2006 and continues or is completed on or after that date, all of that care and treatment provided will be treated as though it were a course of treatment or, as the case may be, an orthodontic course of care and treatment provided in accordance with the PDS Agreements Regulations.
paragraphs 26 (prior approval of care and treatment) and 27 (completion of estimate) of Schedule 1 to those Regulations will not apply in respect of care and treatment to be provided on or after 4 March 2006 which, save for this article, would require or include prior approval treatment.
Amendment to the 1992 Regulations in respect of treatment plans
27.
—(1) Schedule 1 to 1992 Regulations (terms of service) will apply as amended by this article in respect of care and treatment provided on or after 3 March 2006.
(2) In paragraph 4 of Schedule 1 to the 1992 Regulations—
(b) sub-paragraph (3) is omitted.
(3) In paragraph 5 of Schedule 1 to the 1992 Regulations for sub-paragraph (2)(c) there is substituted—
Treatment plans in respect of pilot scheme agreements
28.
—(1) For the purposes of regulation 13(1) of the NHS Charges Regulations, paragraphs (2) to (4) will apply in respect of care and treatment provided under a pilot scheme agreement on or after 3 March 2006 as though it were a direction made in the PDS Directions and incorporated as a term of a pilot scheme agreement.
(2) At the first examination and assessment of a patient, a pilot dentist will provide the patient with a plan for treatment on a form supplied for that purpose by the Local Health Board.
(3) The form referred to in paragraph (2) will specify—
(4) A pilot dentist will, where at any time during the continuing care and treatment of the patient—
provide the patient, in the case of sub-paragraph (a) with a revised plan, or with a new plan for treatment which complies with the requirements of paragraph (3).
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[19]
D. Elis-Thomas
The Presiding Officer of the National Assembly
28 February 2006
Part 2 of the Order relates to general dental services contracts. Chapter 1 of Part 2 sets out the circumstances in which those currently providing general dental services and personal dental services will be entitled to enter into a general dental services contract (articles 3 to 6). Article 7 provides a right of appeal to the National Assembly for Wales where a Local Health Board refuses to enter into a general dental services contract because it is not satisfied that the criteria relating to suspended dental practitioners are met. Article 8 makes provision in relation to the duration of entitlement to a general dental services contract in the case of a suspended dental practitioner who has appealed under article 7 and of dental practitioners who are performing relevant service (certain service in the armed forces). Article 9 provides a right of appeal where a contract is not entered into because of a failure to act by a Local Health Board. Chapter 2 of Part 2 makes provision in relation to general dental services contracts entered into under Chapter 1.
Part 3 of the Order relates to personal dental services agreements. Chapter 1 of Part 3 sets out the circumstances in which those currently providing general dental services and personal dental services will be entitled to enter into a personal dental services agreement (articles 14 to 17). Article 18 provides a right of appeal to the National Assembly for Wales where a Local Health Board refuses to enter into a personal dental services agreement for the provision of orthodontic care and treatment because it is not satisfied that the criteria relating to suspended dental practitioners are met. Article 19 makes provision in relation to the duration of entitlement to a personal dental services contract in the case of a suspended dental practitioner who has appealed under article 18 and of dental practitioners who are performing relevant service. Article 20 provides a right of appeal where an agreement is not entered into because of a failure to act by a Local Health Board. Chapter 2 of Part 3 makes provision in relation to personal dental services agreements entered into under Chapter 1.
Part 4 includes transitory provisions relating to current arrangements for general dental services under section 35 of the 1977 Act and pilot schemes, in particular with regard to treatment plans.
[5] Section 36(1)(a) was substituted by the National Health Service Reform and Health Care Professions Act 2002 ("the 2002 Act"), Schedule 2, paragraph 10(1) and (2).back
[6] 1984 c.24; as amended by S.Is 2001/3926 and 2005/2011.back
[8] Section 28K was inserted into the 1977 Act by section 172(1) of the 2003 Act.back
[11] The Directions were made in August 1998.back
[12] S.I. 2004/1020 (W.117) as amended by S.I. 2005/258 (W.24).back
[13] Section 28C was inserted into the 1977 Act by section 21(1) of the National Health Service (Primary Care) Act 1997 (c.46) ("the 1997 Act").back
[15] 1984 c.24; as amended by S.Is 2001/3926 and 2005/2011.back
[16] Sections 49I and 48J are inserted into the 1977 Act by the Health and Social Care Act 2001 (c.15) ("the 2001 Act"), section 25.back
[17] Section 28M is inserted into the 1977 Act by section 172 of the 2003 Act.back
[18] Section 28E was inserted into the 1977 Act by the 1997 Act, section 22(1) and subsection (3A) was inserted into section 28E by the 2003 Act, section 177(8).back