The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

Directions in respect of GDS contract disputes

5.—(1) The Secretary of State directs the First-tier Tribunal to exercise the functions of the Secretary of State under paragraphs 55 and 56 of Schedule 3 to the GDS Contracts Regulations (dispute resolution) referred to in paragraph (2).

(2) The functions are those in respect of any dispute (or part of a dispute) between the parties to a GDS contract that relate to a term of the contract that gives effect to any of the following provisions in Schedule 3 to the GDS Contracts Regulations—

(a) paragraph 69 of Schedule 3 (termination by the Primary Care Trust: no longer eligible to enter into and breach of conditions of the contract), but only in so far as the dispute requires a determination as to whether—

(i) a contractor is or is not a dental practitioner for the purposes of continuing eligibility under section 102(1)(a) of the Act,

(ii) in the case of a partnership, a partner is no longer a person specified in section 102(2)(a) of the Act for the purposes of establishing continuing eligibility in accordance with section 102(1)(c) of the Act, or

(iii) a contractor satisfies the condition in section 102(1)(b) of the Act for the purposes of establishing continuing eligibility in accordance with section 102 of the Act,

and including, in relation to a dispute falling within paragraphs (i) or (ii), as to whether the contractor is no longer a dental practitioner or no longer satisfies the condition in section 102(2)(a) by virtue of a suspension falling within paragraph 69(6) of Schedule 3;

(b) paragraph 70 (termination by the Primary Care Trust for the provision of untrue etc. information), but only in so far as the dispute requires a determination as to whether written information provided to the Primary Care Trust by the contractor before the contract was entered into was, when given, untrue or inaccurate in a material respect; or

(c) paragraph 71 (termination by the Primary Care Trust on grounds of suitability etc.), but only in so far as it requires a determination in respect of—

(i) whether any of the persons specified in paragraph 71(1) falls within paragraph 71(2) during the existence of the contract, or

(ii) any issue arising or a decision taken by a Primary Care Trust in respect of the term of the contract that gives effect to paragraph 71(3) to (5).