38.—(1) The contractor shall, within two months of the date upon which—
(a)it completes a course of treatment in respect of mandatory or additional services;
(b)it completes a case assessment in respect of an orthodontic course of treatment that does not lead to a course of treatment;
(c)it provides an orthodontic appliance following a case assessment in respect of orthodontic treatment;
(d)it completes a course of treatment in respect of orthodontic treatment;
(e)a course of treatment in respect of mandatory services or additional services or orthodontic course of treatment is terminated; or
(f)in respect of courses not falling within sub-paragraph (d) or (e), no more services can be provided by virtue of paragraph 5(4)(b) of Schedule 1 (orthodontic course of treatment) or paragraph 6(4)(b) of this Schedule,
[F1subject to sub-paragraph (4), send to [F2NHS England] by means of electronic submission], the information specified in sub-paragraph (2).
(2) The information referred to in sub-paragraph (1) comprise of—
(a)details of the patient to whom it provides services;
(b)details of the services provided (including any appliances provided) to that patient;
(c)details of any NHS Charge payable (and paid) by that patient; and
[F3(d) in the case of a patient who is exempt from NHS Charges, the information required under sub-paragraph (3).]
[F4(3) In the case of a patient who is exempt from NHS Charges, the contractor must provide [F2NHS England] (or a person authorised on [F2NHS England's] behalf) with—
(a)such details of that exemption as [F2NHS England] may reasonably request; and
(b)the written declaration.
(4) [F2NHS England] may accept submission of the information mentioned in sub-paragraph (2) in paper form in such exceptional circumstances as [F2NHS England] may reasonably determine.
(5) In this paragraph, “electronic submission” means the submission of information electronically via a computer system approved by [F2NHS England].]
Textual Amendments
F1Words in Sch. 3 para. 38(1) substituted (1.5.2019) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(3), 2(3)(a) (with reg. 3)
F2Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F3Sch. 3 para. 38(2)(d) substituted (1.5.2019) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(3), 2(3)(b) (with reg. 3)
F4Sch. 3 para. 38(3)-(5) inserted (1.5.2019) by The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017 (S.I. 2017/1056), regs. 1(3), 2(3)(c) (with reg. 3)