The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Explanatory Note

(This note is not part of the Order)

This Order makes further transitional and consequential provision relating to—

(a) the new arrangements from 1st April 2006 for the provision of general dental services under section 28L of the National Health Service Act 1977 (“the 1977 Act”) in respect of general dental services contracts entered into under section 28K of that Act (as inserted by section 172(1) of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”));

(b) the abolition on 1st April 2006 of pilot schemes for personal dental services by section 178 of the 2003 Act and their replacement from 1st April 2006 with permanent arrangements for personal dental services under section 28C of the 1977 Act (personal medical or dental services); and

(c) the abolition on 1st April 2006 of the Dental Practice Board (“the Board”) by section 181 of the 2003 Act and the transfer of its functions to the NHS Business Services Authority.

Part 2 of the Order makes transitional provision in respect of general dental services provided before 1st April 2006. Article 4 makes provision in respect of applications made before 1st April 2006 for general dental services to be treated as applications for services under a General Dental Services Contract (“GDS contract”) or Personal Dental Services Agreement (“PDS agreement”). Articles 5 and 6 make provision in respect of complaints pending on or made after 1st April 2006. Articles 7 and 10 to 15 make transitional provision in respect of patient information leaflets, emergency dental service, repair and replacement of restorations, service of documents, violent patients, referrals and inability to complete treatment. Articles 8 and 9 make provision in respect of payments and recovery of payments relating to periods before 1st April 2006.

Part 3 of the Order makes transitional provision in respect of personal dental services provided before 1st April 2006. Article 20 makes provision in respect of applications made before 1st April 2006 for personal dental services to be treated as applications for services under a PDS agreement or a GDS contract. Articles 21 and 22 make provision in respect of complaints pending on or made after 1st April 2006. Articles 23 and 26 to 30 make transitional provision in respect of patient information leaflets, violent patients, repair and restorations, provision of information, records and disputes. Articles 24 and 25 make provision in respect of recovery of payments and the remuneration of pilot scheme providers.

Part 4 makes transitional arrangements in relation to the National Health Service (Service Committees and Tribunals) Regulations 1992 which are also amended in Schedule 1.

Part 5 makes transitional provisions in relation to the abolition of the Board and the transfer of its functions to the NHS Business Services Authority.

Part 6 and the Schedules make miscellaneous, minor and consequential amendments and revocations.

A Regulatory Impact Assessment has been prepared in respect of the National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373) and the National Health (General Dental Service Contracts) Regulations 2005 (S.I. 2005/3361) and copies have been placed in the library of each House of Parliament. A copy of the Regulatory Impact Assessment can be obtained from www.dh.uk/ria.