The Functions of the National Health Service Commissioning Board and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2013

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Functions of the National Health Service Commissioning Board and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2013 and come into force on 1st April 2013.

(2) In these Regulations—

“the 2006 Act” means the National Health Service Act 2006;

“the 2006 Regulations” means the Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006(1);

“the Authority” means the NHS Business Services Authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005(2);

“the Board” means the National Health Service Commissioning Board(3);

“contractor” means a person, other than the Board, who is a party to a GDS Contract or a PDS Agreement;

“GDS Contract” is a contract within the meaning of section 100 of the 2006 Act (general dental services contracts: introductory)(4);

“GDS Contracts Regulations” means the National Health Service (General Dental Services Contracts) Regulations 2005(5);

“PDS Agreement” means an agreement within the meaning of section 107 of the 2006 Act (arrangements by the Board for the provision of primary dental services)(6);

“PDS Agreements Regulations” means the National Health Service (Personal Dental Services Agreements) Regulations 2005(7);

“Primary Care Trust” means the body, which until the date section 34 (abolition of Primary Care Trusts) of the Health and Social Care Act 2012(8) comes into force, is the Primary Care Trust which was a party to the GDS contract; and

“Relevant Body” means the body which, until the date sections 33 (abolition of Strategic Health Authorities) or 34 (abolition of Primary Care Trusts) of the Health and Social Care Act 2012 comes into force, is the Primary Care Trust, or the Strategic Health Authority, which was a party to the PDS Agreement.

Functions of the Board exercisable by the Authority

2.—(1) The functions of the Board relating to primary dental services in England under the provisions specified in column 1 of the Schedule in respect of the matters indicated in column 2 of that Schedule are to be exercised by the Authority.

(2) The Authority must exercise the functions set out in column 3 of the Schedule which are ancillary, related or supplemental to the functions set out in column 2 of that Schedule.

(3) In the case of the function of the Board of making payments under directions under—

(a) section 103(1) of the 2006 Act, as regards GDS Contracts, referred to in entry (a) of column 2, relating to entry 1 in column 1, of the Schedule; and

(b) section 109(4) of the 2006 Act, as regards PDS Agreements, referred to in entry (a) of column 2, relating to entry 3 in column 1, of the Schedule,

the Board may only itself exercise the function where the Authority is unable to do so for reasons other than a failure by the Board to co-operate in a reasonable manner with it.

(4) In so far as these Regulations provide for the Authority to exercise a function under paragraph (1) of this regulation, and column 2 of the Schedule—

(a) any act or omission of the Authority in the exercise of the function must be treated solely as an act or omission of the Board; and

(b) any obligation, right or liability arising from the terms of the GDS Contract or PDS Agreement which gives rise to the functions specified in column 1 of the Schedule remain solely with the Board and must not transfer to the Authority notwithstanding that the function is exercisable or was exercised by the Authority.

(5) The contractor may not refuse to carry out any obligation or requirement, or claim for breach of contract under the terms of the GDS Contract or PDS Agreement, on the ground that the Board has failed to comply with a corresponding obligation or requirement under the terms of that Contract or Agreement, if the Authority has exercised the function which gave rise to those obligations or requirements.

(6) Except as provided in paragraph (7), where the Authority is given the function under these Regulations of receiving or being given access to records, forms, documents or information, or of requesting any records, forms, documents or information, the contractor must—

(a) send or give access to such records, forms, documents or information to the Authority; and

(b) upon sending or giving access to such records, forms, documents or information to the Authority, be treated as having complied with the terms of the GDS Contract or PDS Agreement which give rise to the obligation or requirement to do so.

(7) Where the Board requests under the GDS Contract or PDS Agreement the contractor to send or give access to records, forms, documents or information under paragraph 35, 37 or 44 of Schedule 3 to the GDS Contracts Regulations, or paragraph 36, 38 or 44 of Schedule 3 to the PDS Agreements Regulations, the contractor must send or give access to such records, forms, documents or information to the Board notwithstanding the fact that it may have provided that record, form, document or information to the Authority or may be under an obligation to do so.

Transitional provision relating to continuity of the validity of forms

3.  Any form supplied by a Primary Care Trust in the case of a GDS Contract, or a Relevant Body in the case of a PDS Agreement, continues to be a valid form in relation to the Board until it is cancelled or withdrawn by the Board.

Transitional provision relating to functions exercisable by the Authority

4.  Where any matter under the 2006 Regulations is ongoing immediately before 1st April 2013, that matter is to be treated as ongoing under these Regulations—

(a) but with the Board instead of the Primary Care Trust in the case of a GDS Contract, or Relevant Body in the case of a PDS Agreement, responsible for that matter; and

(b) the Board is entitled to rely on any actions already undertaken by the Primary Care Trust in the case of a GDS Contract, or Relevant Body in the case of a PDS Agreement, in relation to that matter; and

(c) any action of the Authority exercising functions on behalf of the Primary Care Trust in the case of a GDS Contract, or Relevant Body in the case of a PDS Agreement, is to be treated as an action in relation to such functions taken by the Authority on behalf of the Board.

Revocations

5.  The following Regulations are revoked—

(a) the 2006 Regulations; and.

(b) regulation 5 of the National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012(9).

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

1st March 2013