The General Dental Services and Personal Dental Services Transitional Provisions (Wales) Order 2006

CHAPTER 1Entitlement to Personal Dental Services Agreements

Pilot scheme providers

14.—(1) A Local Health Board must, if a pilot scheme provider so wishes, enter into a personal dental services agreement with a provider if, on 31 March 2006 or, if earlier, on the date the agreement is to be signed, the pilot scheme provider is providing services to that Local Health Board under a pilot scheme agreement.

(2) Where a pilot scheme provider enters into a personal dental services agreement under paragraph (1), it will have no entitlement to enter into a general dental services contract under article 6.

(3) Where the contracting parties are unable to agree on a particular term of the agreement 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 PDS Agreements Regulations (pre-contract disputes), the determination may if it is made after the agreement has been entered into—

(a)vary the terms of the agreement; or

(b)bring the agreement to an end.

(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—

(a)the person would be entitled to enter into a general dental services contract with it under article 4 or 5; and

(b)that person wishes to enter into a personal dental services agreement instead of a general dental services contract.

(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—

(a)on 31 March 2006 or, if earlier, on the date on which the agreement is to be signed, he or she is included in the dental list of that Local Health Board 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 care and treatment;

(b)on the date on which the agreement is to be signed, he or she is practising as an individual dental practitioner and—

(i)no other dental practitioner, or

(ii)no other person providing services under section 35 arrangements,

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—

(a)suspended from the—

(i)Dentists Register under section 32 of the Dentists Act (interim suspension) or by a direction or order of the Health Committee under that Act (health cases),

(ii)dental list under section 49I (suspension for protection of the public or in the public interest) or 49J (suspension pending appeal) of the 1977 Act, or

(iii)dental performers list under regulation 13 of the Performers List Regulations (suspension for the protection of public or in the public interest);

(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—

(a)having regard to the grounds for suspension he or she is able to provide (but not perform) services under the agreement and the Local Health Board is not at risk of material financial loss;

(b)the entering into the agreement would not—

(i)put at risk the safety of the contractor’s patients, or

(ii)be prejudicial to the efficiency of the provision of primary dental services in the area of the Local Health Board; and

(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—

(a)on 31 March 2006 or, if earlier, on the date on which the agreement is to be signed, he or she is—

(i)included in the dental list of that Local Health Board and, in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in that list that the dental practitioner provides only orthodontic care and treatment, and

(ii)practising;

(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—

(i)included in the dental list of the Local Health Board and, in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the list that they provide only orthodontic care and treatment, or

(ii)providing general dental services under section 35 arrangements (and are not dental practitioners); and

(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—

(a)suspended from the—

(i)Dentists Register under section 32 of the Dentist Act or by a direction or order of the Health Committee under that Act,

(ii)dental list under section 49I or 49J of the 1977 Act, or

(iii)dental performers list under regulation 13 of the Performers Lists Regulations;

(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—

(a)having regard to the grounds for suspension the individual so suspended is able to provide (but not perform) services under the agreement and the Local Health Board is not at risk of material financial loss;

(b)the entering into the agreement would not—

(i)put at risk the safety of the contractor’s patients, or

(ii)be prejudicial to the efficiency of the provision of primary dental services in the area of the Local Health Board; and

(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—

(a)in paragraph (2)(b), to article 4(5) or 5(5) were to article 16(4) or 17(4); and

(b)in paragraph (12)—

(i)to a general dental services contract were to a personal dental services agreement,

(ii)to GDS Contracts Regulations were to PDS Agreements Regulations, and

(iii)to the contract were to the agreement.

Duration of entitlement to a personal dental services agreement

19.—(1) In a case where—

(a)the prospective contractor has appealed in accordance with article 18; and

(b)the determination requires the Local Health Board to enter into a personal dental services agreement,

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—

(a)offered to enter into a personal dental services agreement under article 14, 15, 16 or 17; and

(b)as a result of a failure to act by the Local Health Board—

(i)been unable to sign such an agreement before 1 April 2006, or

(ii)in a case where article 19 applies, been unable to sign such an agreement within the period of entitlement provided for in accordance with that article.

(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—

(a)before 15 April 2006, or

(b)in a case where article 19 applies, no later than the end of the period of 14 days beginning on the date his or her entitlement to enter into such an agreement ceases.

(3) An application under paragraph (2) will specify—

(a)the names and addresses of the parties to the dispute;

(b)the grounds on which the applicant claims to be entitled to enter into a personal dental services agreement; and

(c)the grounds for alleging default by the Local Health Board.

(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—

(a)in paragraphs (4) and (5), the references to notice of appeal will be read as references to an application under this article; and

(b)in paragraph (12)—

(i)to a general dental services contract were to a personal dental services agreement,

(ii)to GDS Contracts Regulations were to PDS Agreements Regulations, and

(iii)to the contract were to the agreement.