UK Statutory Instrument SI 2005/3361 United Kingdom

The National Health Service (General Dental Services Contracts) Regulations 2005

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Contractor64 Any Person2 Employer1 Trader1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Contractor — also bound by 173 other Acts
Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

sch. 4 sch. 4 Regulated
  • Produce and keep your patient leaflet up to date with all required detailsContractor
s.012 Contracts with individuals practising in partnership Regulated
  • Partnership dental contracts: make contract binding on new partnersTrader
s.014 Mandatory services Regulated
  • Provide mandatory dental care and treatment to patientsContractor
s.019 Under provision of units of dental activity , units of orthodontic activity or required number of urgent treatments Regulated
Other duties (1) — Crown / regulator
  • NHS England must not penalise minor shortfalls if made up within 60 daysCrown / Minister / Government department
31 other provisions — procedural and definitional
s.001 Citation, commencement and application
s.002 Interpretation
s.003 Conditions: introductory
s.004 General prescribed conditions relating to all contracts
s.005 Additional prescribed conditions relating to contracts with dental corporations
s.006 Reasons
s.007 Appeal
s.008 Pre-contract disputes
s.009 Health service body status
s.010 Parties to the contract
s.011 NHS contracts
s.013 Duration
s.015 Additional services
s.016 Services: general
s.017 Units of dental activity
s.017 Required number of urgent treatments
s.018 Units of orthodontic activity
s.018 Units of dental activity for contractors who elect to enter into a prototype agreement
s.018 Capitated patient figures for contractors who elect to enter into a prototype agreement
s.018 Capitated patients
s.020 Domiciliary services and sedation services
s.021 Finance
s.021 Publication of information about earnings
s.022 Fees, charges and financial interests of the contractor
s.023 Arrangements on termination
s.024 Other contractual terms
s.024 Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme Agreement
s.024 Variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement
s.024 Variation of contractual terms in respect of election to enter into a prototype agreement
s.024 Suspension of contract terms or of enforcement of contract terms while a disease is or in anticipation of a disease being imminently pandemic etc.
s.025 Commencement of contract
Schedules

Schedules

68 of 132 shown
s.sch001 Referral services Regulated
  • Provide a referral treatment plan to patients at first examinationContractor
s.sch001 Sedation services Regulated
  • Follow SDAC sedation guidelines when treating patientsContractor
s.sch001 Patients to whom orthodontic services may be provided Regulated
  • Only provide orthodontic treatment to patients with sufficient clinical needContractor
s.sch001 Orthodontic course of treatment Regulated
  • Provide orthodontic services as a course of treatment and complete it within a reasonable timeContractor
s.sch001 Orthodontic treatment plans Regulated
  • Provide orthodontic patients with a detailed NHS treatment planContractor
s.sch001 Monitoring outcomes Regulated
  • Monitor orthodontic treatment outcomes and calculate PAR scoresContractor
s.sch001 Completion of orthodontic courses of treatment Regulated
  • Report completion of orthodontic treatment courses to NHS EnglandContractor
s.sch003 Persons to whom mandatory services or additional services are to be provided Regulated
  • Do not refuse dental services on discriminatory groundsContractor
s.sch003 Mixing of services provided under the contract with private services Regulated
  • Do not mislead patients about NHS dental services or provide certain treatmentsContractor
s.sch003 Repair or replacement of restorations Regulated
  • Repair or replace failed restorations free of charge within 12 monthsContractor
s.sch003 Premises, facilities and equipment Regulated
  • Ensure dental practice premises, facilities and equipment are suitable and sufficientContractor
s.sch003 Telephone services Regulated
  • Do not use premium-rate phone numbers for patient contact unless free to callerContractor
s.sch003 National Institute for Clinical Excellence guidance Regulated
  • Follow NICE guidance on dental recall intervalsContractor
s.sch003 Infection control Regulated
  • Have infection control and decontamination arrangements in placeContractor
s.sch003 Treatment under general anaesthesia: prohibition Regulated
  • Do not provide general anaesthesia under the contractContractor
s.sch003 General Regulated
  • Ensure prescription forms comply with regulatory requirementsContractor
s.sch003 Issue of prescription forms Regulated
  • Issue NHS prescription forms for drugs, medicines and appliancesEmployer
s.sch003 Patient preference of practitioner Regulated
  • Inform patients of their right to choose a dentist and record their preferenceContractor
s.sch003 Excessive prescribing Regulated
  • Do not prescribe excessive or unnecessarily costly drugs and appliancesAny Person
s.sch003 Performers: further requirements Regulated
  • Ensure clinicians are registered, qualified, and comply with conditionsContractor
s.sch003 Conditions for employment and engagement: dental practitioners performing dental services Regulated
  • Check dental practitioner eligibility before employmentContractor
s.sch003 Conditions for employment and engagement: persons performing dental services other than dental practitioners Regulated
  • Check qualifications and registration before employing dental care professionalsContractor
s.sch003 Conditions for employment and engagement: all persons performing dental services Regulated
  • Check clinical references before hiring dental staffContractor
s.sch003 Conditions for employment or engagement: persons assisting in the provision of services under the contract Regulated
  • Check that assistants are suitably qualified and competent before hiring themContractor
s.sch003 Training Regulated
  • Provide training opportunities to maintain employee competenceContractor
s.sch003 Level of skill Regulated
  • Perform all contract obligations with reasonable care and skillContractor
s.sch003 Appraisal and assessment Regulated
  • Ensure your dentists participate in NHS appraisal and cooperate on patient safetyContractor
s.sch003 Sub-contracting of clinical matters Regulated
  • Vet and notify NHS England before sub-contracting clinical dental workContractor
s.sch003 Patient records Regulated
  • Keep full, accurate and contemporaneous patient recordsContractor
s.sch003 Confidentiality of personal data Regulated
  • Nominate a person responsible for patient data confidentialityContractor
s.sch003 Patient information Regulated
  • Display patient information and provide a patient information leafletContractor
s.sch003 Information about the contractor’s practice Regulated
  • Keep your dental practice profile accurate on NHS.ukContractor
s.sch003 Provision of and access to information: NHS England Regulated
  • Provide information to NHS England when requestedContractor
s.sch003 Inquiries about prescriptions and referrals Regulated
  • Answer NHS England inquiries about prescriptions and referralsContractor
s.sch003 Notification of a course of treatment, orthodontic course of treatment etc. Regulated
  • Notify NHS England of completed dental treatment courses within 2 monthsContractor
s.sch003 Notification to NHS England Regulated
  • Notify NHS England of serious incidents, changes, and practitioner movementsContractor
s.sch003 Notice provisions specific to a contract with a dental corporation Regulated
  • Notify NHS England immediately of insolvency eventsContractor
s.sch003 Notice provisions specific to a contract with two or more individuals practising in partnership Regulated
  • Notify NHS England of partnership changesContractor
s.sch003 Notice provisions specific to a contract with a limited liability partnership Regulated
  • Notify NHS England about financial trouble or membership changesAny Person
s.sch003 Notification to patients following a variation of the contract Regulated
  • Display notice of service changes to patientsContractor
s.sch003 Notification provisions specific to prototype agreements Regulated
  • Report private treatment for capitated patients and give privacy noticesContractor
s.sch003 Entry and inspection by NHS England Regulated
  • Allow NHS England inspectors to enter and inspect your dental practice premisesContractor
s.sch003 Entry and inspection by the Care Quality Commission Regulated
  • Allow CQC to enter and inspect your dental practice premisesContractor
s.sch003 Entry and viewing by Local Healthwatch organisations Regulated
  • Allow Local Healthwatch to enter and view your premisesContractor
s.sch003 As regards complaints relating to any matter reasonably connected with... Regulated
  • Maintain a compliant complaints procedure for NHS dental servicesContractor
s.sch003 Co-operation with investigations Regulated
  • Co-operate with complaint investigations by NHS England and othersContractor
s.sch003 Provision of information Regulated
  • Report number of complaints to NHS England at required intervalsContractor
s.sch003 Local resolution of contract disputes Regulated
  • Contractor and NHS England must try local resolution before disputes escalateContractor
s.sch003 Mid-year reviews Regulated
Other duties (1) — Crown / regulator
  • NHS England must conduct mid-year reviews for underperforming dental contractorsStatutory regulator
s.sch003 Action NHS England can take following a mid-year review Regulated
Other duties (1) — Crown / regulator
  • NHS England may impose activity plan or withhold payments if you're behind on targetsStatutory regulator
s.sch003 Friends and Family Test Regulated
  • Give patients opportunity to provide feedback via Friends and Family Test and report/publish resultsContractor
s.sch003 Course of treatment Regulated
  • Complete patient treatment courses within a reasonable timeContractor
s.sch003 Variation of a contract: activity under the contract Regulated
  • Notify NHS England if you think dental activity units need changingContractor
s.sch003 Variation provisions specific to a contract with an individual dental practitioner Regulated
  • Notify NHS England before changing from individual to partnershipContractor
s.sch003 Variation provisions specific to a contract with two or more individuals practising in partnership Regulated
  • When your dental partnership ends, nominate one partner to continue the NHS contractContractor
s.sch003 Treatment plans Regulated
  • Provide a treatment plan to patients at initial examinationContractor
s.sch003 Termination by NHS England: remedial notices and breach notices Regulated
Other duties (1) — Crown / regulator
  • NHS England must issue remedial or breach notices before terminating dental contractsStatutory regulator
s.sch003 Evidence of exemption under the Act Regulated
  • Request and record evidence of exemption from NHS dental chargesContractor
s.sch003 Clinical governance arrangements Regulated
  • Comply with clinical governance arrangements and nominate responsible personContractor
s.sch003 Duty as to education and training Regulated
  • Cooperate with education and training duties of Secretary of State or NHS EnglandContractor
s.sch003 Completion of courses of treatment Regulated
  • Record treatment completion and reasons on NHS formsContractor
s.sch003 Quality assurance system Regulated
  • Set up a practice-based quality assurance system covering infection control, H&S, radiation and CPDContractor
s.sch003 Insurance: negligent performance Regulated
  • Maintain professional indemnity insurance and check subcontractor coverContractor
s.sch003 Public liability insurance Regulated
  • Hold adequate public liability insurance for third-party claimsContractor
s.sch003 Gifts Regulated
  • Keep a register of gifts worth over £100 from patients or suppliersContractor
s.sch003 Compliance with legislation and guidance Regulated
  • Comply with all relevant legislation and have regard to NHS guidanceContractor
s.sch003 Signing of documents Regulated
  • Include professional name and business name on signed documentsContractor
s.sch003 Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services Regulated
  • Refer patients for services you cannot provide and give them a referral noticeContractor
64 other schedules
s.sch001 Provision of advanced mandatory services, domiciliary services and sedation services by the contractor
s.sch002 (1) Where the contractor provides-— (a) a Band 1 or...
s.sch002 Where the contractor provides a charge exempt course of treatment,...
s.sch002 Sub-band 2a treatments
s.sch002 Sub-band 2b treatments
s.sch002 Sub-band 2c treatments
s.sch002 (1) Where the contractor provides an orthodontic course of treatment...
s.sch002a (1) Where a contractor holding a Blend A prototype agreement...
s.sch003 Supply of drugs
s.sch003 Dental practitioners
s.sch003 Dental care professionals
s.sch003 Violent patients
s.sch003 Requests for information from Patients' Forums
s.sch003 Annual report and review
s.sch003 Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment
s.sch003 Entry and inspection by members of Patients' Forums
s.sch003 Complaints procedure
s.sch003 Making of complaints
s.sch003 Period for making complaints
s.sch003 Irrevocable breakdown in relationship between contractor and patient
s.sch003 Further requirements for complaints procedures
s.sch003 Dispute resolution: non-NHS contracts
s.sch003 NHS dispute resolution procedure
s.sch003 Determination of dispute
s.sch003 Interpretation of Part 7
s.sch003 Variation of a contract: general
s.sch003 Variation of a contract: rebasing for persistent under performance
s.sch003 Termination by agreement
s.sch003 Termination on the death of an individual dental practitioner
s.sch003 Termination by the contractor
s.sch003 Late payment notices
s.sch003 Termination by NHS England: general
s.sch003 Termination by NHS England: no longer eligible to enter into and breach of conditions of the contract
s.sch003 Termination by NHS England for the provision of untrue etc. information
s.sch003 Termination by NHS England on grounds of suitability etc.
s.sch003 Termination by NHS England: patient safety and material financial loss
s.sch003 Termination by NHS England: additional provisions specific to contracts with two or more individuals practising in partnership, dental corporations, or limited liability partnerships.
s.sch003 Contract sanctions
s.sch003 Contract sanctions and the NHS dispute resolution procedure
s.sch003 Termination and the NHS dispute resolution procedure
s.sch003 Third party rights
s.sch004 The name of the contractor.
s.sch004 How to request services as a patient.
s.sch004 The rights of a patient to express a preference of...
s.sch004 The services available under the contract.
s.sch004 The normal surgery days and hours of the practice.
s.sch004 The arrangements for dental services for the hours and days...
s.sch004 If the services in paragraph 14 are not provided by...
s.sch004 The telephone number of NHS Direct and details of NHS...
s.sch004 How patients may make a complaint or comment on the...
s.sch004 The rights and responsibilities of the patient, including keeping appointments....
s.sch004 The action that may be taken where a patient is...
s.sch004 In the case of a contract with a partnership—
s.sch004 Details of who has access to patient information (including information...
s.sch004 The full name, postal, email and website address, and telephone...
s.sch004 In the case of a contract with a limited liability...
s.sch004 In the case of a contract with a dental corporation—...
s.sch004 The full name of each person performing services under the...
s.sch004 In the case of each person performing dental services under...
s.sch004 Whether the contractor undertakes the teaching or training of persons...
s.sch004 The address of each of the practice premises.
s.sch004 The contractor's telephone and fax numbers and the address of...
s.sch004 Whether the practice premises have suitable access for disabled patients...
s.sch004 A patient leaflet shall include—

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.