The National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026

Welsh Statutory Instruments

2026 No. 37

NATIONAL HEALTH SERVICE, WALES

The National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026

Made

9 February 2026

Coming into force in accordance with regulation 1(2)

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 2, 56(5) and (6), 57, 58, 59, 60(2), 61, 62, 63(1), 66(1) and (4), 125(1), 126(5) and 203(9) and (10) of the National Health Service (Wales) Act 2006(1).

Part 1 E+W GENERAL

Title, coming into force and application E+W

1.—(1) The title of these Regulations is the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026.

(2) These Regulations come into force on 11 March 2026, except for regulations 42 and 43 which come into force on the 1 April 2026.

(3) These Regulations apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 11.3.2026, see reg. 1(2)

Interpretation E+W

2.—(1) In these Regulations—

“the 1984 Act” (“Deddf 1984”) means the Dentists Act 1984(2);

“the 1986 Act” (“Deddf 1986”) means the Insolvency Act 1986(3);

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989(4);

“the 2006 Act” (“Deddf 2006”) means the National Health Service (Wales) Act 2006;

“the 2005 Order” (“Gorchymyn 2005”) means the Dentists Act 1984 (Amendment) Order 2005(5);

“the 2006 Regulations” (“Rheoliadau 2006”) means the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006(6);

“the 2006 (Charges) Regulations” (“Rheoliadau (Ffioedd) 2006”) means the National Health Service (Dental Charges) (Wales) Regulations 2006(7);

“the 2006 (PDS) Regulations” (“Rheoliadau (GDP) 2006”) means the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006(8);

“the 2011 Regulations” (“Rheoliadau 2011”) means the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011(9);

“accessibility-enhanced dental services” (“gwasanaethau deintyddol estynedig o ran hygyrchedd”) means services which are designed to accommodate diverse physical and sensory needs, for example bariatric provision due to physical or mobility needs or quiet drills or laser drills;

“ACORN” (“ACORN”) means the Assessment of Clinical Oral Risks and Needs toolkit as defined by the Welsh Ministers and published by Public Health Wales(10);

“active patient” (“claf gweithredol”) means a patient who has received a course of treatment from the contractor in the previous 36 months and that course of treatment was either banded under the 2006 (Charges) Regulations or a care package or a new patient assessment;

“adjudicator” (“dyfarnwr”) means the Welsh Ministers or a person or persons appointed by the Welsh Ministers under section 7(8) of the 2006 Act (NHS contracts) or paragraph 54(4) of Schedule 3 (NHS dispute resolution procedure) to these Regulations;

“advanced mandatory services” (“gwasanaethau gorfodol uwch”) means any primary dental service that would fall within the services described in regulation 14 (mandatory services), but by virtue of the high level of facilities, experience or expertise required in respect of a particular patient, the service is provided as a referral service;

“annual contract value” (“gwerth blynyddol y contract”) means the total annual value in pounds sterling agreed between the Local Health Board and the contractor for the provision of mandatory services under the contract, calculated in accordance with directions made by the Welsh Ministers under section 60 of the 2006 Act, as may be varied from time to time in accordance with the terms of the contract;

“annual delivery report” (“adroddiad cyflenwi blynyddol”) means a report provided by a Local Health Board to a contractor within 20 clear days of the end of the contract year, setting out the percentage of mandatory services delivered by the contractor in each category during that contract year, and where delivery falls below 95% or exceeds 100%, setting out the financial consequences including any financial adjustment or recovery to be applied, or any additional remuneration due to the contractor;

“bridge” (“pont”) means a fixed or removable bridge which takes the place of any teeth;

“care package” (“pecyn gofal”) means a defined bundle of the dental services set out in Schedule 2 which are provided to a patient as a course of treatment based on an assessment of risk and clinical need;

“charity trustee” (“ymddiriedolwr elusen”) means one of the persons having the general control and management of the administration of a charity;

“child” (“plentyn”) means a person who has not attained the age of 18 years;

“clinical examination” (“archwiliad clinigol”) means an appointment that consists of the examination of a patient’s oral health where no treatment is also provided at that appointment;

“clinical services” (“gwasanaethau clinigol”) means services involving a direct clinical examination, a clinical assessment, a clinical diagnosis, clinical treatment, or care of patients which are provided under the contract by dental practitioners, dental care professionals, or other healthcare professionals;

“complete” (“cwblhau”) in relation to a course of treatment and care package, means—

(a)

where no treatment plan has to be provided in respect of a course of treatment pursuant to paragraph 7 of Schedule 3 (treatment plans), all the treatment recommended to, and agreed with, the patient by the contractor at the initial examination and assessment of that patient has been provided to the patient, or

(b)

where a treatment plan has to be provided to the patient pursuant to paragraph 7 of Schedule 3, all the treatment specified in that plan by the contractor (or that plan as revised in accordance with paragraph 7(3) of that Schedule) has been provided to the patient;

“company secretary” (“ysgrifennydd cwmni”) means the officer of a company who is appointed in accordance with the requirements of the Companies Act 2006, and includes any person authorised by the company to discharge the statutory, administrative or compliance functions ordinarily exercisable by a company secretary, whether alone or jointly with any other person;

“concern” (“pryder”) means any complaint or notification of an incident concerning patient safety but does not include a claim for compensation;

“contract” (“contract”) means, except where the context otherwise requires, a general dental services contract under section 57 of the 2006 Act (general dental services contracts: introductory);

“contractor” (“contractwr”) means any person entering or who has entered into a contract with the Local Health Board;

“course of treatment” (“cwrs o driniaeth”) means—

(a)

an initial examination of a patient, an assessment of their oral health, and the planning of any treatment to be provided to that patient as a result of that initial examination and assessment as part of a care package and as set out in a treatment plan under paragraph 7 of Schedule 3, and

(b)

the provision of any planned treatment under a care package or packages (including any treatment planned at a time other than the time of the initial examination) to that patient;

“de-listing” (“dadrestru”) means a patient who ceases to be an active patient because they have not attended a practice where they are an active patient for a period in excess of 36 months or have been removed from that practice’s list of active patients as a result of the application of paragraph 15 of Schedule 1 or paragraphs 4 and 5 of Schedule 3;

“de-listing process” (“proses ddadrestru”) means the process whereby a patient must be de-listed, and the practice must—

(a)

notify the patient in writing of the intention to remove them from their list of active patients, including the reasons, and

(b)

provide the patient with an opportunity to respond and make representations within 14 clear calendar days;

“definitive treatment” (“triniaeth ddiffiniol”) means treatment which is intended to provide a long-term or permanent solution to a dental issue, rather than a temporary fix put in place until a long-term or permanent solution can be provided;

“Dental Access Portal” (“Porth Mynediad Deintyddol”) means the online dental appointment allocation system administered by Digital Health and Care Wales;

“dental appliance” (“cyfarpar deintyddol”) means a denture or bridge and for the purposes of this definition, a denture includes an obturator;

“dental care professional” (“proffesiynolyn gofal deintyddol”) means a person whose name is included in the dentists register established in accordance with section 14 the 1984 Act or a person qualified to practise certain aspects of dental care, registered with the General Dental Council under one of the recognised professional titles;

“dental corporation” (“corfforaeth ddeintyddol”) means a body corporate carrying on the business of dentistry in accordance with the 1984 Act;

“dental hygienists” (“hylenyddion deintyddol”) means registered dental professionals whose primary role is to provide preventive oral care, delivered directly or under supervision from a dentist;

“dental nurse” (“nyrs ddeintyddol”) means a registered dental professional who provides clinical and related support to dentists, dental care professionals and patients as recognised by the General Dental Council;

“dental nurses with extended duties in oral health education” (“nyrsys deintyddol â dyletswyddau estynedig mewn addysg iechyd geneuol”) means dental nurses registered with the General Dental Council who, in addition to their core supportive functions, have undertaken approved training enabling them to deliver oral health education, preventive oral health advice, and other extended duties;

“dental performers list” (“rhestr cyflawnwyr deintyddol”) means the list prepared by a Local Health Board in accordance with regulations made under section 63 of the 2006 Act (persons performing primary dental services);

“dental practitioner” (“ymarferydd deintyddol”) means a person who is registered in the dentists register;

“dental public health functions” (“swyddogaethau iechyd deintyddol y cyhoedd”) means functions provided by the contractor by virtue of section 67(3)(c) of the 2006 Act;

“dental therapists” (“therapyddion deintyddol”) means registered dental professionals competent to carry out specified items of dental treatment directly or under the supervision of a dentist;

“dentist” (“deintydd”) means a registered dental professional as recognised by the General Dental Council;

“dentists register” (“cofrestr deintyddion”) means the register referred to in section 14(1) of the 1984 Act(11);

“Digital Health and Care Wales” (“Iechyd a Gofal Digidol Cymru”) means the organisation established under the Digital Health and Care Wales (Establishment and Membership) Order 2020(12);

“direction pending an investigation” (“cyfarwyddyd wrth aros am ymchwiliad”) means a direction issued by a regulator which imposes requirements, restrictions or conditions on a person’s registration, scope of practice, or functions for the purpose of protecting the public, the public interest, or the interests of that person, for the period during which an investigation into that person is being carried out;

“director” (“cyfarwyddwr”) means—

(a)

a director of a body corporate, or

(b)

a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

“director of a body corporate” (“cyfarwyddwr corff corfforedig”) includes a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

“domiciliary services” (“gwasanaethau cartref”) means a course of treatment, or part of a course of treatment, provided at a place other than—

(a)

the practice premises of any provider of primary dental services,

(b)

a mobile surgery of any provider of primary dental services, or

(c)

a prison;

“exempt person” (“person esempt”) has the same meaning as section 126 of the 2006 Act;

“family member” (“aelod o deulu”) means—

(a)

a spouse,

(b)

a civil partner,

(c)

a person whose relationship with the registered patient has the characteristics of the relationship between spouses or civil partners,

(d)

a parent or step-parent,

(e)

a son,

(f)

a daughter,

(g)

a child of whom the person is—

(i)

the guardian,

(ii)

the carer duly authorised by the local authority to whose care the child has been committed under the 1989 Act, or

(h)

a grandparent;

“financial recovery” (“adenilliad ariannol”) means the recovery by a Local Health Board of amounts already paid to a contractor for mandatory services which the contractor has failed to deliver, being recovery of up to 100% of the value of underperformance where delivery falls below 95%;

“guarantee period” (“cyfnod gwarant”) means—

(a)

in relation to a standard care package, 24 months beginning with the date the restoration or treatment was provided, or

(b)

in relation to an urgent care package delivered at an urgent care appointment, 12 months beginning with the date the restoration or treatment was provided;

“health service body” (“corff gwasanaeth iechyd”) means—

(a)

a Local Health Board, an NHS trust or a Special Health Authority established under the National Health Service (Wales) Act 2006, and

(b)

any equivalent body exercising functions corresponding to those of a Local Health Board, NHS trust or Special Health Authority and in particular includes bodies known at the relevant time as—

(i)

a Strategic Health Authority,

(ii)

a Primary Care Trust,

(iii)

a Clinical Commissioning Group, or

(iv)

an Integrated Care System,

or any body succeeding or replacing those bodies which performs substantially equivalent functions;

“initial examination and assessment” (“archwiliad ac asesiad cychwynnol”) means an examination and assessment of a patient that includes—

(a)

a clinical examination comprising completion of an ACORN assessment, a review of the patient's medical, dental, lifestyle and accessibility needs, a clinical oral examination including periodontal assessment, caries detection, soft tissue examination, and inspection of teeth and existing restorations, radiographic examination where clinically indicated, and occlusion and TMJ examination where clinically indicated, and

(b)

an assessment comprising risk allocation (low, moderate or high), provision of tailored preventative advice and oral health promotion, formulation of a personalised care package or combination of care packages where treatment is necessary, and comprehensive clinical records and outcome measures;

“interim delivery report” (“adroddiad cyflenwi interim”) means a report provided by a Local Health Board to a contractor by the end of the seventh month of the contract year, setting out the percentage of mandatory services delivered by the contractor in each category as at the end of the sixth month of the contract year, and where delivery in any category falls below 40%, identifying the shortfall and any proposed mid-year financial adjustment;

“interim suspension order” (“gorchymyn atal dros dro interim”) means a measure which temporarily removes a registered person from the register pending the completion of an investigation and any subsequent disciplinary hearing;

“level 1 procedure” (“gweithdrefn lefel 1”) means treatment categorised as level 1 in accordance with NHS England’s Commissioning Guide for Oral Surgery(13) or an equivalent document adopted by Welsh Local Health Boards;

“licensing body” (“corff trwyddedu”) means any body that licenses or regulates the health care professions;

“listed” (“rhestredig”) means such drugs, medicines or dental appliances as are included in a list for the time being approved by Welsh Ministers for the purposes of section 80 of the 2006 Act(14) (arrangements for pharmaceutical services);

“Local Health Board” (“Bwrdd Iechyd Lleol”) means, a Local Health Board established under section 11 of the 2006 Act, which is a party, or a prospective party, to the contract;

“mandatory services” (“gwasanaethau gorfodol”) means the services listed in regulation 14 and described in Schedule 1;

“medical performers list” (“rhestr cyflawnwyr meddygol”) means a list of medical performers prepared by a Local Health Board in accordance with regulations made under section 49 of the 2006 Act (persons performing primary medical services);

“mobile surgery” (“deintyddfa symudol”) except where expressly provided otherwise in these Regulations, means any vehicle in which services under the contract are to be provided;

“national disqualification” (“anghymhwysiad cenedlaethol”) means—

(a)

a decision made by the First-tier Tribunal under section 159 of the National Health Service Act 2006(15),

(b)

a decision under provisions in force in Scotland or Northern Ireland corresponding to section 159 of the National Health Service Act 2006, or

(c)

a decision under regulations made pursuant to section 63 of the 2006 Act (persons performing primary dental services);

“national priorities” (“blaenoriaethau cenedlaethol”) means services provided in accordance with the National Priorities Scheme set out in Part 5 of Schedule 1 and directed by the Welsh Ministers under section 60(3)(b)(i) of the 2006 Act;

“new patient assessment” (“asesiad claf newydd”) means an assessment carried out in accordance with paragraph 10 of Part 2 of Schedule 1;

“NHS Charge” (“Ffi GIG”) means a charge made to the patient for provision of services pursuant to the 2006 (Charges) Regulations or these Regulations;

“NHS contract” (“contract GIG”) has the same meaning as in section 7 of the 2006 Act;

“NHS dispute resolution procedure” (“gweithdrefn datrys anghydfodau’r GIG”) means the procedure for disputes specified in paragraph 54 of Schedule 3;

“other healthcare professionals” (“proffesiynolion gofal iechyd eraill”) means registered healthcare professionals (other than dental practitioners or dental care professionals) who may be involved in providing or supporting services under the contract;

“other relevant service provider” (“darparwr gwasanaeth perthnasol arall”) means a provider of primary dental services under Part 1 of the 2006 Act (other than another contractor or a hospital) to whom a patient might be referred for the provision of advanced mandatory services, domiciliary services or sedation services;

“parent” (“rhiant”), in relation to any child, means a parent or other person who has parental responsibility for that child;

“parental responsibility” (“cyfrifoldeb rhiant”) has the same meaning as in sections 2 and 3 of the 1989 Act;

“patient” (“claf”) means a person to whom the contractor is providing services under the contract;

“patient record” (“cofnod claf”) means a record (whether in paper or electronic form) maintained by the contractor for the purpose of recording treatment provided to a patient;

“practice” (“practis”) means the business operated by the contractor for the purpose of delivering services under the contract;

“Practice Committee” (“Pwyllgor Practis”) means any of the committees listed in section 27A(4)(a) of the 1984 Act;

“practice premises” (“mangre practis”) except where expressly provided otherwise in these Regulations, means an address specified in the contract as one at which services are to be provided under the contract but does not include a mobile surgery;

“premium rate number” (“rhif cyfradd premiwm”) means a telephone number designated as an Unbundled Tariff or premium rate number in the National Telephone Numbering Plan published by the Office of Communications under section 56 of the Communications Act 2003(16);

“prescriber” (“rhagnodydd”) means a dental practitioner who is either engaged or employed by the contractor or is a party to the contract;

“prescription form” (“ffurflen bresgripsiwn”) means a written or electronic document, issued by an authorised prescriber, which records the medicinal product, dental appliance, or other item to be supplied to a patient, and which is completed, signed, or authenticated in accordance with any requirements set by the Local Health Board for the purpose of enabling lawful dispensing;

“prevention services” (“gwasanaethau atal”) means services provided to prevent oral disease and promote oral health, including tailored preventative advice, oral health education, dietary and lifestyle advice, fluoride use, fissure sealants, and other evidence-based preventative interventions as set out in Part 4 of Schedule 1;

“primary carer” (“prif ofalwr”) means the individual who has the main responsibility for providing care or support to another person, whether or not the individual is remunerated for doing so, and irrespective of whether the care is provided on a formal or informal basis; and includes a person who provides such care by reason of family relationship, friendship, or a recognised caring arrangement;

“primary dental services” (“gwasanaethau deintyddol sylfaenol”) has the same meaning as in section 58 of the 2006 Act;

“prison” (“carchar”) means any institution used for the lawful confinement of individuals sentenced or remanded by the courts and includes a young offender institution, a secure training centre, a secure children’s home and a naval, military or air force prison;

“private dental services” (“gwasanaethau deintyddol preifat”) means dental services except for the purposes of the National Health Service (Wales) Act 2006;;

“professional registration number” (“rhif cofrestru proffesiynol”) means the number against a dental practitioner’s name in the dentists register;

“professional regulatory requirements” (“gofynion rheoleiddiol proffesiynol”) means the duties, standards, competencies and obligations placed upon dentists and dental care professionals by the General Dental Council as the statutory regulator, including compliance with the Council’s requirements relating to registration, scope of practice, professional conduct, continuing professional development, fitness to practise, and any other rules or standards issued by the General Dental Council from time to time;

“recall appointment” (“apwyntiad adalw”) means a routine dental examination provided to an active patient at an interval determined by the contractor in accordance with NICE guideline CG19, being an interval of between 3 and 24 months based on the patient's oral health risk category (low, moderate or high risk), for the purpose of monitoring the patient's oral health and providing preventative care;

“recognised professional titles” (“teitlau proffesiynol cydnabyddedig”) means any professional title which—

(a)

is protected by or conferred under an enactment applicable in England and Wales, and

(b)

may lawfully be used only by a person registered, licensed, authorised or otherwise regulated by the body responsible for that profession, this includes (but is not limited to) titles protected under—

(i)

the Dentists Act 1984,

(ii)

the Medical Act 1983,

(iii)

the Health Professions Order 2001,

(iv)

the Nursing and Midwifery Order 2001, and

(v)

any enactment replacing or amending those instruments;

“referral notice” (“hysbysiad atgyfeirio”) means the notice referred to in paragraph 9(2)(a) of Schedule 3 (referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services);

“referral service” (“gwasanaeth atgyfeirio”) means one or more of advanced mandatory services, domiciliary services or sedation services provided to a patient who has, during a course of treatment, been referred by the contractor to a provider of primary dental services under Part 1 of the 2006 Act, for the provision of one or more of those services as part of that course of treatment;

“referral treatment plan” (“cynllun triniaeth atgyfeirio”) means a treatment plan provided pursuant to paragraph 7(1) of Schedule 3 or that plan as varied in accordance with paragraph 7(3) of that Schedule;

“register of dental care professionals” (“cofrestr o broffesiynolion gofal deintyddol”) means the register maintained by the General Dental Council under section 36B of the 1984 Act (the dental care professionals register)(17);

“restoration” (“triniaeth adferol”) means any procedure or material used to repair, replace, or reconstruct lost or damaged tooth structure, including the placement of fillings, inlays, onlays, crowns, bridges, prosthetic appliances;

“step-parent” (“llys-riant”) means a person who is married to (or in a civil partnership with) a child’s biological parent, but is not themselves a biological or adoptive parent of the child and has acquired parental responsibility for the child in question in accordance with section 4A of the 1989 Act;

“sedation services” (“gwasanaethau tawelyddu”) means a course of treatment provided to a patient during which the provider administers one or more drugs to a patient, which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation—

(a)

the drugs and techniques used to provide the sedation are deployed by the provider in a way that ensures loss of consciousness is rendered unlikely, and

(b)

verbal contact with the patient is maintained in so far as is reasonably possible;

“sub-contractor” (“is-gontractwr”) means a person with whom the contractor has made an arrangement in accordance with paragraph 32 or 77 of Schedule 3;

“trauma” (“trawma”) means damage to teeth, gingival tissues or alveoli caused by a force arising outside the mouth, resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;

“urgent care” (“gofal brys”) means treatment to provide relief from pain and/or to prevent significant deterioration of a particular dental problem, with the aim to provide, where possible, a long-term solution;

“urgent care appointment” (“apwyntiad gofal brys”) means an appointment provided within 72 hours to a patient who requires prompt dental care due to pain, discomfort, trauma or acute infection, or where it is not clinically appropriate to provide treatment within that timescale, as soon as reasonably practicable thereafter;

“urgent treatment” (“triniaeth frys”) means treatment provided during an Urgent Care Appointment arranged under paragraphs 3 and 4 of Schedule 1 or in relation to urgent care of an active patient;

“voluntary organisation” (“sefydliad gwirfoddol”) means a body, except a public authority or a local authority, the activities of which are carried on otherwise than for profit.

(2) In these Regulations—

(a) references to forms supplied by the Local Health Board to contractors includes electronic forms and forms which are generated electronically, but does not include prescription forms, and

(b) references to the delivery of services include the delivery of services by using electronic means such as video conferencing where—

(i) in the dental practitioner’s clinical judgment delivery of the service in this way is appropriate,

(ii) the system to be used is one which has been approved by the Local Health Board, and

(iii) the Local Health Board has provided its permission in writing for the contractor to deliver certain services under the contract in this way.

Commencement Information

I2 Reg. 2 in force at 11.3.2026, see reg. 1(2)

Part 2 E+W CONTRACTORS

Conditions: introductory E+W

3.  A Local Health Board may only enter into a contract if the conditions can be met which are set out in—

(a) regulation 4, and

(b) in the case of a contract to be entered into with a dental corporation on or after the coming into force for all purposes of article 39 of the Dentists Act 1984 (Amendment) Order 2005(18) (substitution of sections 43 and 44), regulation 5.

Commencement Information

I3 Reg. 3 in force at 11.3.2026, see reg. 1(2)

Prescribed conditions E+W

4.—(1) For the purposes of section 59(1) of the 2006 Act (persons eligible to enter into GDS contracts) the prescribed condition is that a person must not fall within paragraph (3).

(2) The reference to “person” in paragraph (1) includes any director, chief executive or company secretary of a dental corporation.

(3) A person falls within this paragraph if—

(a) they are the subject of a national disqualification,

(b) subject to paragraph (4), they are disqualified or suspended (other than by an interim suspension order or direction pending an investigation) from practising by any licensing body anywhere in the world,

(c) within the period of 5 years before the date the contract started or, if earlier, the date on which the contract is signed—

(i) they have been dismissed (otherwise than by reason of redundancy) from any employment by a health service body, unless they have later been employed by that health service body or another health service body and paragraph (5) applies to them or that dismissal was the subject of a finding of unfair dismissal by any competent tribunal or court, or

(ii) they have been removed from, or refused admission to, a dental or medical performers list by reason of inefficiency, fraud or unsuitability, unless that person’s name has later been included in such a list,

(d) they have been convicted in the United Kingdom of—

(i) murder, or

(ii) a criminal offence other than murder, committed on or after 26 August 2002, and have been sentenced to a term of imprisonment of over 6 months,

(e) subject to paragraph (6), they have been convicted outside the United Kingdom of an offence—

(i) which would, if committed in England and Wales, constitute murder, or

(ii) committed on or after 26 August 2002, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over 6 months,

(f) they have been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933(19) (offences against children and young persons with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995(20) (offences against children under the age of 17 years to which special provisions apply) committed on or after 1 April 2006,

(g) they have—

(i) been made bankrupt or had sequestration of their estate awarded or they are a person in relation to whom a moratorium period under a debt relief order (under Part 7A of the 1986 Act) applies unless they have been discharged from the bankruptcy or sequestration or the bankruptcy order has been annulled,

(ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A (21) or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB (22), to the 1986 Act unless that order has ceased to have effect or has been annulled, or

(iii) made a composition agreement or arrangement with, or granted a trust deed for, their creditors unless they have been discharged in respect of it,

(h) an administrator, administrative receiver or receiver is appointed in respect of the person,

(i) they have within the period of 5 years before the date the contract started or, if earlier, the date on which the contract is signed—

(i) been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which they were responsible or to which they were privy, or which they, by their conduct, contributed to or facilitated, or

(ii) been disqualified under section 69B of the Charities and Trustee Investment (Scotland) Act 2005(23) (disqualification from holding office with senior management functions), from being concerned in the management or control of any body, or

(j) they are subject to a disqualification order under the Company Directors Disqualification Act 1986(24).

(3) A person does not fall within paragraph (3)(b) where the Local Health Board is satisfied that the disqualification or suspension from practising is imposed by a licensing body outside the United Kingdom and it does not make the person unsuitable to be—

(a) a contractor, or

(b) a director, chief executive or company secretary of a corporation entering into a contract, in the case of a contract with a dental corporation.

(4) Where a person has been employed as a member of a health care profession any later employment must also be as a member of that profession.

(5) A person does not fall within paragraph (3)(e) where the Local Health Board is satisfied that the conviction does not make the person unsuitable to be—

(a) a contractor;

(b) a director, chief executive or company secretary of a corporation entering into a contract, in the case of a contract with a dental corporation.

Commencement Information

I4 Reg. 4 in force at 11.3.2026, see reg. 1(2)

Additional prescribed conditions relating to contracts with dental corporations E+W

5.—(1) Subject to paragraph (2), it is a condition in the case of a contract to be entered into with a dental corporation on or after the date of the coming into force for all purposes of article 39 of the 2005 Order(25) that no—

(a) offence has been or is being committed under section 43 of the 1984 Act, or

(b) financial penalty has been imposed under section 43B or 44 of the 1984 Act.

(2) Paragraph (1) does not apply if the Local Health Board is satisfied that any offence under section 43 or penalty imposed under section 43B or 44 of the 1984 Act does not make the dental corporation unsuitable to be a contractor, whether by virtue of the time that has elapsed since any conviction or the penalty which was imposed, or otherwise.

Commencement Information

I5 Reg. 5 in force at 11.3.2026, see reg. 1(2)

Reasons E+W

6.—(1) Where a Local Health Board is of the view that the conditions in regulation 4 or 5 for entering into a contract are not met, it must notify the person or persons intending to enter into the contract of its view in writing and its reasons for that view and of their right of appeal under regulation 7.

(2) The Local Health Board must also notify in writing its view and its reasons for that view to a director, chief executive or company secretary of a dental corporation that is notified under paragraph (1) where its reason for the decision relates to that person or those persons.

Commencement Information

I6 Reg. 6 in force at 11.3.2026, see reg. 1(2)

Appeal E+W

7.  A person who has been served with a notice under regulation 6(1) may appeal to the First-tier Tribunal against the decision of the Local Health Board that the conditions in regulation 4 or 5 are not met.

Commencement Information

I7 Reg. 7 in force at 11.3.2026, see reg. 1(2)

Part 3 E+W PRE-CONTRACT DISPUTE RESOLUTION

Pre-contract disputes E+W

8.—(1) Subject to paragraphs (2) and (3), if, in the course of negotiations intending to lead to a contract, the prospective contracting parties are unable to agree on a particular term of the contract, either party may refer the dispute to the Welsh Ministers to consider and decide the matter in accordance with the procedure provided for in paragraphs 54(2) and (3) of Schedule 3.

(2) Paragraph (1) does not apply in the case where both parties to the prospective contract are health service bodies (in which case section 7(6) of the 2006 Act (NHS contracts) applies).

(3) Before referring the dispute for consideration and determination under paragraph (1), both parties to the prospective contract must make every reasonable effort to communicate and co-operate with each other with a view to resolving it.

(4) Disputes referred to the Welsh Ministers in accordance with paragraph (1), or section 7(6) of the 2006 Act, must be considered and decided in accordance with the provisions of paragraphs 54(4) to (13) and 55(1) of Schedule 3, and paragraph (5) (where it applies) of this regulation.

(5) In the case of a dispute referred to the Welsh Ministers under paragraph (1), the determination—

(a) may specify terms to be included in the proposed contract,

(b) may require the Local Health Board to proceed with the proposed contract, but may not require the proposed contractor to proceed with the proposed contract, and

(c) must be binding upon the prospective parties to the contract.

Commencement Information

I8 Reg. 8 in force at 11.3.2026, see reg. 1(2)

Part 4 E+W HEALTH SERVICE BODY STATUS

Health service body status E+W

9.—(1) Where a proposed contractor elects, in a written notice served on the Local Health Board at any time before the contract being entered into, to be regarded as a health service body for the purposes of section 7(4) of the 2006 Act(26), it must be so regarded from the date on which the contract is entered into.

(2) If, in accordance with paragraph (1) or (5), a contractor must be regarded as a health service body, that fact must not affect the nature of, or any rights or liabilities arising under, any other contract with a health service body entered into by that contractor before the date on which the contractor must be so regarded.

(3) Where a contract is made with an individual dental practitioner or two or more persons practising in partnership, and that individual, or that partnership must be regarded as a health service body in accordance with paragraph (1) or (5), the contractor must, subject to paragraph (4), continue to be regarded as a health service body for the purposes of section 7(4) of the 2006 Act for as long as that contract continues and irrespective of any change in—

(a) the partners comprising the partnership,

(b) the status of the contractor from that of an individual dental practitioner to that of a partnership, or

(c) the status of the contractor from that of a partnership to that of an individual dental practitioner.

(4) A contractor may at any time request a variation of the contract to include or remove provision from the contract that the contract is an NHS contract, and if it does so—

(a) the Local Health Board must agree to the variation, and

(b) the procedure in paragraph 57(1) of Schedule 3 applies (variation of a contract: general).

(5) Where, pursuant to paragraph (4), the Local Health Board agrees to a variation of the contract, the contractor must be regarded, or subject to paragraph (7), cease to be regarded, as a health service body for the purposes of section 7(4) of the 2006 Act from the date that variation takes effect pursuant to paragraph 57(1) of Schedule 3.

(6) Subject to paragraph (7), a contractor ceases to be regarded as a health service body for the purposes of section 7 of the 2006 Act if the contract is terminated.

(7) Where a contractor ceases to be a health service body—

(a) pursuant to paragraph (5) or (6), it continues to be regarded as a health service body for the purposes of being a party to any other NHS contract entered into after it became a health service body but before the date on which the contractor ceased to be a health service body (for which purposes it ceases to be such a body on the termination of that NHS contract);

(b) pursuant to paragraph (5), the contractor must continue to be treated as a health service body (and accordingly the contract must continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute, where it or the Local Health Board—

(i) has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, or

(ii) refers any matter to the NHS dispute resolution procedure, in accordance with paragraph 54(1)(a) of Schedule 3, after it ceases to be a heath service body;

(c) pursuant to paragraph (6), it continues to be regarded as a health service body for the purposes of the NHS dispute resolution procedure where that procedure has been started—

(i) before the termination of the contract, or

(ii) after the termination of the contract, whether in connection with or arising out of the termination of the contract or otherwise.

Commencement Information

I9 Reg. 9 in force at 11.3.2026, see reg. 1(2)

Part 5 E+W CONTRACTS: REQUIRED TERMS

Parties to the contract E+W

10.  A contract must specify—

(a) the names of the parties,

(b) in the case of a partnership—

(i) whether or not it is a limited partnership, and

(ii) the names of the partners and, in the case of a limited partnership, their status as a general or limited partner, and

(c) in the case of each party, the postal address to which official correspondence and notices should be sent.

Commencement Information

I10 Reg. 10 in force at 11.3.2026, see reg. 1(2)

NHS contracts E+W

11.  In the case of a contractor who must be regarded as a health service body pursuant to regulation 9, the contract must state that it is an NHS contract.

Commencement Information

I11 Reg. 11 in force at 11.3.2026, see reg. 1(2)

Contracts with individuals practising in partnership E+W

12.—(1) Where the contract is with two or more individuals practising in partnership, the contract must be treated as made with the partnership as it is from time to time constituted, and the contract must make specific provision to this effect.

(2) Where the contract is with two or more individuals practising in partnership, the contractor must be required by the terms of the contract to ensure that any person who becomes a member of the partnership after the contract has come into force is bound automatically by the contract whether by virtue of a partnership deed or otherwise.

Commencement Information

I12 Reg. 12 in force at 11.3.2026, see reg. 1(2)

Duration E+W

13.—(1) Except in the circumstances specified in paragraph (2), a contract must provide for it to subsist until it is terminated in accordance with the terms of the contract or the general law.

(2) The circumstances referred to in paragraph (1) are that the Local Health Board has terminated the contract of another provider of primary dental services, and as a result of that termination, it wishes to enter into a temporary contract for a period specified in the contract for the provision of services.

(3) Where a contract is entered into pursuant to paragraph (2)—

(a) paragraph 62 (termination by the contractor) of Schedule 3 does not apply to the contract, and

(b) the parties to the temporary contract may include such terms as to termination by notice as they may agree.

Commencement Information

I13 Reg. 13 in force at 11.3.2026, see reg. 1(2)

Mandatory services E+W

14.—(1) For the purposes of section 58 of the 2006 Act (primary dental services), the services which must be provided under a general dental services contract are described in paragraph (2).

(2) A contractor must provide—

(a) urgent access for new patients, as set out in Part 1 of Schedule 1,

(b) recall appointments for patients who require recall appointments between 18 and 24 months later than their most recent appointment,

(c) assessments for new patients arising from the Dental Access Portal, as set out in Part 2 of Schedule 1,

(d) care packages, as set out in Part 3 of Schedule 1,

(e) prevention services as set out in Part 4 of Schedule 1, and

(f) urgent care for active patients.

(3) For the purposes of section 61 of the 2006 Act (GDS contracts: other required terms) a contractor must also provide a selection of the National Priorities, as set out in Part 5 of Schedule 1 in accordance with directions made by the Welsh Ministers under section 60(3)(b)(i) of the 2006 Act.

Commencement Information

I14 Reg. 14 in force at 11.3.2026, see reg. 1(2)

Advanced mandatory services E+W

15.—(1) Any level 1 procedure must be provided by the contractor unless the contractor, or any dental practitioner employed by the contractor, does not have the relevant experience or expertise, in which case the level 1 procedure can be referred as an advanced mandatory service.

(2) Advanced mandatory services which are the subject of a referral under paragraph (1) are to be arranged through a Personal Dental Services Agreement under the 2006 (PDS) Regulations.

Commencement Information

I15 Reg. 15 in force at 11.3.2026, see reg. 1(2)

Services: general E+W

16.—(1) A contract must specify—

(a) the services to be provided by the contractor,

(b) the address of each of the premises to be used by the contractor or any sub-contractor for the provision of such services, or, if the contractor provides services from a mobile surgery, that fact,

(c) the hours during which services that are not mandatory services are to be provided, and

(d) the date it is effective from.

(2) The reference to premises in sub-paragraph (b) does not include any place in which a patient is residing.

Commencement Information

I16 Reg. 16 in force at 11.3.2026, see reg. 1(2)

Proportion of mandatory services E+W

17.—(1) The standard proportions of mandatory services (other than urgent care for active patients) are as follows—

(a) 7% for urgent treatment for new patients,

(b) 3% recall appointments between 18 and 24 months since the most recent appointment,

(c) 10% for new patient assessment,

(d) 70% to provide care packages,

(e) 5% for prevention services, and

(f) 5% for national priorities.

(2) A Local Health Board may depart from the standard proportions within the overall total of 100% if it is satisfied that there are different levels of need in its area which require the proportions to be adjusted in order to ensure that patients in its area are properly provided for.

(3) The departure from the standard proportions may be on a whole area basis, part of an area basis or, subject to paragraph (4), in relation to a single practice.

(4) Unless paragraph (7) applies, before altering the proportions for a single practice, the Local Health Board must consult the contractor for that practice and give at least 28 clear days’ notice.

(5) The Local Health Board must have regard to any representations the affected contractor makes within the 28 day period set out in paragraph (4) when determining the proportions which apply to that single practice but need not have regard to any representations made outside that period.

(6) If the contractor for a single practice who has been consulted in accordance with paragraph (4) does not agree with the amended proportions imposed by the Local Health Board the contractor may refer the dispute to the Welsh Ministers to consider and decide the matter in accordance with the procedure provided for in paragraphs 54 to 55 of Schedule 3.

(7) Where a Local Health Board determines that the 5% allocation for national priorities referred to in sub-paragraph (1)(f) is not required, either in whole or in part, for a specified period, the Local Health Board may—

(a) reallocate any unused proportion from sub-paragraph (1)(f) to the provision of care packages under sub-paragraph (1)(d) for a specified period,

(b) make such reallocation for the whole of its area, part of its area, or in relation to one or more individual practices, and

(c) make such reallocation without the requirement to consult under sub-paragraph (4).

(8) Where a reallocation is made under sub-paragraph (7), the Local Health Board must notify the affected contractor or contractors in writing of—

(a) the revised proportion allocated to care packages under sub-paragraph (1)(d),

(b) the period for which the reallocation applies, and

(c) the date from which the reallocation takes effect, which must be at least 14 clear days after the date of notification.

(9) Urgent care for active patients must be delivered notwithstanding that the proportions set out in paragraph (1) have been achieved and is not included in the overall percentage.

Commencement Information

I17 Reg. 17 in force at 11.3.2026, see reg. 1(2)

Period over which the proportion of mandatory services must be delivered E+W

18.  The proportion of each mandatory service, expressed as a percentage, to be provided by the contractor whilst the contract is in effect relates to—

(a) where the contract begins on 1 April, each financial year, or

(b) subject to regulation 36(1), where the contract begins on a date except 1 April, the remainder of the financial year in which the contract begins, and then in each financial year thereafter.

Commencement Information

I18 Reg. 18 in force at 11.3.2026, see reg. 1(2)

Underprovision of proportions of mandatory services E+W

19.—(1) The contract must provide that the Local Health Board must not, pursuant to Part 8 of Schedule 3 (variation and termination of contracts), be entitled to take any action for breach of a term of the contract giving effect to regulation 17 (including termination of the contract) where paragraph (2) applies.

(2) This paragraph applies where the contractor has failed to provide the required proportion of mandatory services over a period of a year and—

(a) that failure amounts to a variation of 5 per cent or less of the mandatory service, and

(b) the contractor agrees to provide the mandatory services it has failed to provide within such time period as the Local Health Board specifies in writing, such period to consist of not less than 60 clear days.

(3) Paragraphs (1) and (2) do not prevent the Local Health Board from taking action under Part 8 of Schedule 3 for breach of contract (including terminating the contract) on other grounds.

(4) In a case where the contractor does not agree to provide the relevant mandatory service it has failed to provide within such time period as the Local Health Board specifies the Local Health Board may, if it deems such a step appropriate, apply financial recovery up to 100% of the value of the underperformance.

Commencement Information

I19 Reg. 19 in force at 11.3.2026, see reg. 1(2)

Mid-year delivery report E+W

20.  The contract must require that a Local Health Board produces and provides to each contractor a mid-year delivery report.

Commencement Information

I20 Reg. 20 in force at 11.3.2026, see reg. 1(2)

Mid-year delivery report requirements E+W

21.—(1) Subject to regulation 37, a mid-year delivery report must be provided, in a form which is prescribed by the Local Health Board, not before the last day of the sixth month of the contract and no later than the last day of the seventh month of the contract and at corresponding annual intervals thereafter and must set out—

(a) the sum total percentage of the services specified in regulation 17(1) delivered over the relevant preceding 6 calendar month period, and

(b) the percentage achieved against each of the individual services specified in regulation 17(1), delivered over the relevant preceding 6 calendar month period.

(2) In this regulation “relevant preceding 6 calendar month period” means the 6 month period preceding the last day of the sixth month of the contract referred to in paragraph (1).

Commencement Information

I21 Reg. 21 in force at 11.3.2026, see reg. 1(2)

Mid-year financial adjustments E+W

22.  Where the sum total of the percentages reported under regulation 21(1) is below 40%, the Local Health Board may, if it deems it appropriate, implement a mid-year financial adjustment, and reduce payments to the contractor for the remainder of that financial year to reflect the percentage which had been delivered when the report was produced and must notify the contractor that it has taken this step and its reasons for doing so within 14 clear days.

Commencement Information

I22 Reg. 22 in force at 11.3.2026, see reg. 1(2)

Appeals against mid-year financial adjustments E+W

23.  A contractor who is subject to a mid-year financial adjustment in accordance with regulation 22 may appeal that decision to the Welsh Ministers in accordance with the procedure provided for in paragraph 53 or 54, as the case may be, of Schedule 3.

Commencement Information

I23 Reg. 23 in force at 11.3.2026, see reg. 1(2)

Annual delivery reports E+W

24.—(1) The contract must require that the Local Health Board provides an annual delivery report to the contractor.

(2) An annual delivery report must set out both the overall percentage of the services specified in regulation 17(1) as a whole and the percentage achieved against each of the individual services specified in that regulation, during the previous year of the contract.

(3) An annual delivery report must be provided in a form which is prescribed by the Local health Board,

(a) in the case of a contract under regulation 13(1) not before the last day of the twelfth month of the contract and not after the twentieth day of the thirteenth month of the contract and at corresponding annual intervals thereafter;

(b) in the case of a contract under regulation 13(2), no more than 20 clear days after the end of the period specified in the contract.

Commencement Information

I24 Reg. 24 in force at 11.3.2026, see reg. 1(2)

Provision below 95% E+W

25.—(1) Where the sum total of the percentage reported under regulation 24 is below 95% the Local Health Board may—

(a) reduce payments to the contractor for the next financial year and the following financial years to reflect the percentage of services set out in the delivery report, and

(b) apply financial recovery up to 100% of the value of the underperformance.

(2) A Local Health Board who takes either of the steps set out in sub-paragraph (1)(a) or (1)(b) must notify the contractor of its intention and its reasons for doing so 14 clear days before it makes the adjustment or the recovery, as the case may be.

Commencement Information

I25 Reg. 25 in force at 11.3.2026, see reg. 1(2)

Appeal against application of regulation 25 E+W

26.  A contractor who is subject to a financial adjustment or to whom financial recovery has been applied in accordance with regulation 25, may appeal the Local Health Board’s decision to the Welsh Ministers in accordance with the procedure provided for in paragraph 53 or 54, as the case may be, of Schedule 3.

Commencement Information

I26 Reg. 26 in force at 11.3.2026, see reg. 1(2)

Provision over 100% E+W

27.  Where the sum total of the percentage reported under regulation 24 is between 100% and 105%, the Local Health Board must either—

(a) reduce the required quantity of the services set out in regulation 17(1) for the next financial year to reflect the work carried out over 100% and bring the overall performance requirements back to 100%, or

(b) remunerate the practice for the value of the extra work carried out.

Commencement Information

I27 Reg. 27 in force at 11.3.2026, see reg. 1(2)

Provision over 105% E+W

28.  In a case where the percentage reported under regulation 24 is over 105% the Local Health Board must not—

(a) increase the required quantity of the services set out in regulation 17(1) to reflect the work carried out over 105% and bring the overall performance requirements to 100%, or

(b) remunerate the practice for the value of the extra work carried out, unless there was a prior written agreement, dated at least 60 clear days before the end of the financial year, between the Local Health Board and the contractor, that performance of over 105% could be delivered in that financial year.

Commencement Information

I28 Reg. 28 in force at 11.3.2026, see reg. 1(2)

Appeal against application of regulation 27 E+W

29.  A contractor who has their overall contract proportions reduced in accordance with regulation 27(1)(a) may appeal the Local Health Board’s decision to the Welsh Ministers in accordance with the procedure provided for in paragraph 53 or 54, as the case may be, of Schedule 3.

Commencement Information

I29 Reg. 29 in force at 11.3.2026, see reg. 1(2)

Finance E+W

30.—(1) The contract must contain a term which has the effect of requiring—

(a) the Local Health Board to make payments to the contractor under the contract promptly and in accordance with both the terms of the contract and any other conditions relating to the payment contained in directions issued by the Welsh Ministers under section 60 of the 2006 Act (GDS contracts: payments), and

(b) the contractor to make payments promptly to the Local Health Board and in accordance with both the terms of the contract and any other conditions relating to payment contained in directions issued by the Welsh Ministers under section 60 of the 2006 Act.

(2) The obligation referred to in paragraph (1) is subject to any right the Local Health Board has to set off against an amount payable to the contractor an amount that—

(a) is owed by the contractor to the Local Health Board under the contract,

(b) has been paid to the contractor owing to an error or in circumstances when it was not due, or

(c) the Local Health Board may withhold from the contractor in accordance with the terms of the contract or any other applicable provisions contained in directions issued by the Welsh Ministers under section 60 of the 2006 Act.

(3) The contract must contain a term to the effect that where, pursuant to directions under section 12 or 60 of the 2006 Act, a Local Health Board is required to make a payment to a contractor under a contract but subject to conditions, those conditions are to be a term of the contract.

(4) The contract must contain terms relating to laboratory charge reimbursement for exempt persons in accordance with directions issued by the Welsh Ministers under section 60 of the 2006 Act.

(5) The contract must contain terms relating to central collection of NHS Charges in accordance with directions issued by the Welsh Ministers under section 60 of the 2006 Act.

Commencement Information

I30 Reg. 30 in force at 11.3.2026, see reg. 1(2)

Payments, charges and financial interests of the contractor E+W

31.—(1) The contract must contain terms relating to payments, charges and financial interests which have the same effect as those set out in paragraphs (2) to (4).

(2) The contractor must not, either itself or through any other person, demand or accept any kind of remuneration for its own or another’s benefit from—

(a) any of its active patients for the provision of any treatment under the contract, except as otherwise provided in Schedule 5, or

(b) any person who has requested services under the contract for themselves or a family member, as a prerequisite to providing services under the contract to that person or their family member.

(3) The contract must contain a term that—

(a) only permits the contractor to collect from any active patient any charge that that patient is required to pay by virtue of Schedule 5, in accordance with the requirements of that Schedule, and

(b) provides for obligations imposed on the contractor by virtue of Schedule 5 to be terms of the contract.

(4) The contract must contain a term that requires the contractor to put aside its own financial interests in making a decision—

(a) as to what services to recommend or provide to an active patient who has sought services under the contract, or

(b) to refer an active patient for other services by another contractor, hospital or other relevant service provider under Part 1 of the 2006 Act.

(5) The term “active patient” in this regulation includes a person who pays or agrees to pay a charge on behalf of a person to whom dental services are provided.

Commencement Information

I31 Reg. 31 in force at 11.3.2026, see reg. 1(2)

Arrangements on termination of a contract E+W

32.  A contract must make provision for the arrangements which are to apply on the termination of the contract, including—

(a) the transfer of patient records,

(b) the transfer of responsibility for ongoing courses of treatment,

(c) the return of any equipment or materials supplied by the Local Health Board,

(d) financial consequences of termination of a contract, including—

(i) payment for services provided up to the date of termination of the contract;

(ii) recovery of any overpayments;

(iii) any financial penalties arising from the termination of the contract,

(e) the contractor’s continuing obligations in respect of confidentiality and data protection, and

(f) dispute resolution in relation to any matter arising from the termination of the contract.

Commencement Information

I32 Reg. 32 in force at 11.3.2026, see reg. 1(2)

Other contractual terms E+W

33.—(1) A contract must contain terms which have the same effect as those specified in Schedule 3, except for paragraphs 54(4) to (13) and 55, unless—

(a) the contract is of a type or nature to which a particular provision in Schedule 3 does not apply,

(b) there has been an agreement between the contractor and Local Health Board, or

(c) the Local health Board has determined, where this is authorised by these Regulations, that the term should not apply,

(3) Where a provision in Schedule 3 applies to a contract, the terms of the contract must give effect to the matters set out in that provision.

(4) A contract must contain a term which requires the contractor to be a member of a cluster.

Commencement Information

I33 Reg. 33 in force at 11.3.2026, see reg. 1(2)

Part 6 E+W TRANSITIONAL PROVISION

Interpretation of Part 6 E+W

34.  In this Part—

“existing contract” (“contract presennol”) means a contract entered into under the 2006 Regulations which is in force immediately before 11 March 2026;

“existing contractor” (“contractwr presennol”) means a contractor who is a party to an existing contract.

Commencement Information

I34 Reg. 34 in force at 11.3.2026, see reg. 1(2)

Continuity of existing contracts E+W

35.—(1) An existing contract has effect on and after 1 April 2026 as if it were a contract entered into under these Regulations.

(2) Paragraph (1) is subject to regulations 36 and 39 to 41.

(3) The Local Health Board and the contractor may agree to vary an existing contract to bring it into conformity with these Regulations.

Commencement Information

I35 Reg. 35 in force at 11.3.2026, see reg. 1(2)

Mandatory services proportions E+W

36.—(1) Where an existing contract does not specify proportions of mandatory services in accordance with regulation 16, the standard proportions in regulation 17(1) apply from 1 April 2026.

(2) A Local Health Board may, before 16 March 2026, give notice to an existing contractor that different proportions apply in accordance with regulation 16(2) and (3).

(3) Where notice is given under paragraph (2), the contractor may make representations within 14 clear days of receipt of the notice.

(4) The Local Health Board must have regard to any representations made under paragraph (3) before determining the proportions to apply from 1 April 2026.

Commencement Information

I36 Reg. 36 in force at 11.3.2026, see reg. 1(2)

Mid-year and annual delivery reports E+W

37.—(1) The first mid-year delivery report under regulation 20 must be provided—

(a) for a contract which started before 1 October 2025, not before 30 September 2026 and not after 31 October 2026;

(b) for a contract which started on or after 1 October 2025, in accordance with regulation 21.

(2) The first annual delivery reports under regulation 24 must be provided—

(a) for a contract which started before 1 April 2026, not before 31 March 2027 and not after 30 April 2027;

(b) for a contract which started on or after 1 April 2026, in accordance with regulation 26.

Commencement Information

I37 Reg. 37 in force at 11.3.2026, see reg. 1(2)

Health service body status E+W

38.—(1) Where, immediately before 11 March 2026, a contractor was regarded as a health service body for the purposes of section 7(4) of the 2006 Act, the contractor continues to be so regarded on and after that date.

(2) Regulation 9 applies to such a contractor as if the election had been made under these Regulations.

Commencement Information

I38 Reg. 38 in force at 11.3.2026, see reg. 1(2)

Disqualification provisions E+W

39.—(1) Regulations 4 and 5 apply to—

(a) contracts entered into on or after 11 March 2026;

(b) variations to existing contracts agreed on or after 11 March 2026 which involve a change of contractor or the addition of a new partner or director.

(2) The conditions in regulations 4 and 5 do not apply to existing contracts unless and until a variation of the type described in paragraph (1)(b) is made.

Commencement Information

I39 Reg. 39 in force at 11.3.2026, see reg. 1(2)

Disputes and appeals E+W

40.—(1) Where, before 11 March 2026—

(a) a dispute has been referred for resolution under the 2006 Regulations, or

(b) an appeal has been made under the 2006 Regulations,

the dispute or appeal continues to be dealt with in accordance with the 2006 Regulations as if they had not been revoked.

(2) Where a dispute or appeal arises on or after 11 March 2026 in relation to a matter which occurred before that date, the dispute or appeal must be dealt with in accordance with these Regulations.

Commencement Information

I40 Reg. 40 in force at 11.3.2026, see reg. 1(2)

Charges E+W

41.  Where a course of treatment is started before 1 April 2026 and continues after that date—

(a) the charge applicable is the charge set out in the treatment plan provided to the patient under paragraph 7 of Schedule 3 to the 2006 Regulations calculated in accordance with the 2006 (Charges) Regulations as they applied at the time the treatment plan was accepted by the patient;

(b) any guarantee period is calculated in accordance with the 2006 (Charges) Regulations as they were in force when the restoration was provided.

Commencement Information

I41 Reg. 41 in force at 11.3.2026, see reg. 1(2)

Revocation E+W

42.  The 2006 Regulations are revoked.

Commencement Information

I42 Reg. 42 in force at 1.4.2026, see reg. 1(2)

Amendments E+W

43.  The 2006 (Charges) Regulations and the 2006 (PDS) Regulations are amended in accordance with Schedule 6.

Commencement Information

I43 Reg. 43 in force at 1.4.2026, see reg. 1(2)

Jeremy Miles

Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

9 February 2026

Regulation 14

[F1 Schedule 1 E+W MANDATORY SERVICES

Textual Amendments

F1 Sch. 1 substituted (1.3.2026) by The National Health Service (General Dental Services Contracts and Patient Charges) (Amendment) (Wales) Regulations 2026 (W.S.I. 2026/49), regs. 1(2), 2

PART 1 E+W Urgent Access For New Patients

1.   Each Local Health Board is required to secure the provision of urgent access appointments within its area in accordance with this Schedule and Schedule 3. E+W

Commencement Information

I44 Sch. 1 para. 1 in force at 11.3.2026, see reg. 1(2)

2.   The purpose of urgent access appointments is the provision to patients who require urgent care with an appointment within 72 hours of the time they first make contact with the Local Health Board. E+W

Commencement Information

I45 Sch. 1 para. 2 in force at 11.3.2026, see reg. 1(2)

Urgent Access Appointments Programme E+W

3.   In order to ensure that urgent access appointments are available each Local Health Board must establish an urgent access appointment programme which must—

(a) provide a central team for the Local Health Board area whom people with urgent dental needs can contact for urgent appointments,

(b) provide for that team to make a telephone based assessment of whether the person requires urgent care and if they do, provide them with an appointment,

(c) provide that the team refers any person who is not deemed to require urgent care to the Dental Access Portal and, if needs be, provides the person with assistance to register on the Dental Access Portal,

(d) make arrangements with all contractors within the Local Health Board’s area for an urgent care appointment rota to be in place which provides urgent appointments as required, and

(e) administer the urgent care appointment rota so as to ensure that urgent care appointments are available each working day between 9am and 5pm within a reasonable geographical distance for patients within the Local Health Board’s area.

Commencement Information

I46 Sch. 1 para. 3 in force at 11.3.2026, see reg. 1(2)

Urgent care appointments for new patients E+W

4.   The contract must specify requirements as to the provision of urgent care including—

(a) that each contractor in the Local Health Board’s area must agree to provide a certain number of urgent care appointments for new patients annually at a time and on dates that are agreed with the Local Health Board,

(b) that each contractor must inform the Local Health Board of what, if any, types of accessibility-enhanced dental services for urgent care appointments they are able to provide,

(c) that urgent care appointments should prioritise relief from pain and the prevention of significant deterioration of the particular problem,

(d) that treatment administered during urgent care appointments, where appropriate, and with the patient’s consent, should, where possible, be permanent definitive treatment including restorations,

(e) that when any necessary treatment cannot be completed during the urgent care appointment, justification for any treatment or care provided must be recorded in the patient’s clinical record and, unless the most appropriate course is an onward referral to an alternative contractor, a hospital or other relevant service provider, the contractor should seek permission from the Local Health Board to take on the patient as a new active patient before providing a further appointment,

(f) that urgent care appointments should, where possible, include a global oral health assessment (including soft tissue) and onward referral to an alternative contractor, a hospital or other relevant service provider, where appropriate, or if not possible, the reason this could not be provided must be recorded in the patient’s clinical record, and

(g) that any patient seen at an urgent care appointment whose treatment is completed at the urgent care appointment or for whom permission sought under sub-paragraph (e) is refused, who is not already registered on the Dental Access Portal should be advised to do so and assistance in registering must be provided by the contractor or their staff if requested by the patient.

Commencement Information

I47 Sch. 1 para. 4 in force at 11.3.2026, see reg. 1(2)

Payments E+W

5.   The Local Health Board must arrange for each contractor to be remunerated for its participation in the Urgent Access Appointments Programme, established under paragraph 3, in accordance with directions issued by the Welsh Ministers under section 60 of the 2006 Act.

Commencement Information

I48 Sch. 1 para. 5 in force at 11.3.2026, see reg. 1(2)

6.   The contract must include provision for—

(a) the contractor to be paid for any missed urgent care appointments as long as the contractor can demonstrate that they made adequate efforts, having regard to any guidance given by the Welsh Ministers, to ensure the prospective patient’s attendance and have written to the prospective patient to explain that the urgent care appointment cannot be re-arranged and that the prospective patient needs to re-apply through the Urgent Access Appointments Programme established under paragraph 3,

(b) ensuring that evidence of the efforts made must be retained by the contractor for a period of 24 months from the date of the letter referred to in sub-paragraph (a) and made available to the Local Health Board, on request, for audit purposes,

(c) the contractor to be paid for any urgent care appointments ended by—

(i) the contractor where—

(aa) the circumstances referred to in paragraph 3(1) of Schedule 3 (violent patients) occur and notice that it is no longer willing to provide services to that patient has been provided to the Local Health Board, or

(bb) in the reasonable opinion of the contractor, there has been an irrevocable breakdown in the relationship between the patient and that contractor and, notice of such a breakdown has been given to the patient and the Local Health Board,

(ii) the patient, or

(iii) a person specified in paragraph 1(2) of Schedule 3 acting on the patient’s behalf, and

(d) the contractor to be paid for any unfilled urgent care appointments in accordance with directions issued by the Welsh Ministers under section 60 of the 2006 Act.

Commencement Information

I49 Sch. 1 para. 6 in force at 11.3.2026, see reg. 1(2)

Part 2 E+W New Patient Assessments Arising From The Dental Access Portal

New patient assessments E+W

7.   Each Local Health Board is required to secure access to new patient assessments for patients in its area who have applied through the Dental Access Portal.

Commencement Information

I50 Sch. 1 para. 7 in force at 11.3.2026, see reg. 1(2)

8.   An assessment for a new patient allows a contractor to make an assessment of the oral health needs of a patient and arrange for further treatment if necessary.

Commencement Information

I51 Sch. 1 para. 8 in force at 11.3.2026, see reg. 1(2)

Provision of new patient assessments E+W

9.   The contract must include the following requirements as to the provision of assessments for new patients by the contractor—

(a) subject to sub-paragraphs (d) and (e), a requirement that contractors acquire all new patients through the Dental Access Portal,

(b) a requirement that contractors provide enough appointments for the assessment of new patients to allow them to fulfil the proportion of that service that has been decided to apply to the practice by the Local Health Board under regulation 17,

(c) a requirement that contractors consider returning the patient to the Dental Access Portal if that patient fails to attend the new patient assessment on two occasions,

(d) a requirement that a contractor may acquire a new active patient where—

(i) that patient has attended for an urgent care appointment and requires a further appointment,

(ii) that patient agrees that the further appointment can be at the contractors practice, and

(iii) the contractor has sought and been given permission from the Local Health Board to accept a new patient, and

(e) a requirement that a contractor may acquire a new active patient if the patient is the child or grandchild of an existing active patient in which case permission does not need to be sought but the contractor must notify the Local Health Board.

Commencement Information

I52 Sch. 1 para. 9 in force at 11.3.2026, see reg. 1(2)

Minimum requirements for new patient assessments E+W

10.   A new patient assessment must include—

(a) completion of an ACORN assessment,

(b) a full review of the patient’s medical, dental and lifestyle history (including relevant social history),

(c) an assessment of the patient’s needs in relation to accessibility-enhanced dental services,

(d) a clinical examination including periodontal assessment, caries detection, and an oral soft tissue examination,

(e) an inspection of each tooth for signs of cracks, wear, chips and caries,

(f) an examination of existing restorations and prosthetics for integrity, fit and damage,

(g) a radiographic examination where the need for one is clinically indicated,

(h) risk allocation between low, moderate, or high categories in accordance with paragraphs 31 to 33,

(i) an occlusion assessment including an orthodontic assessment for children when clinically indicated,

(j) a temporomandibular joint examination when clinically indicated,

(k) provision of tailored preventative advice and oral health promotion using evidence-based guidance,

(l) formulation of a personalised care package or combination of care packages where further treatment is necessary, and

(m) comprehensive clinical records and outcome measures.

Commencement Information

I53 Sch. 1 para. 10 in force at 11.3.2026, see reg. 1(2)

Payments E+W

11.   The Local Health Board must arrange for each contractor to be remunerated for each new patient assessment appointment in accordance with directions issued by the Welsh Ministers under section 60 of the 2006 Act.

Commencement Information

I54 Sch. 1 para. 11 in force at 11.3.2026, see reg. 1(2)

PART 3 E+W Care packages

12.   The contract must include the following requirements as to the provision of care packages. E+W

Commencement Information

I55 Sch. 1 para. 12 in force at 11.3.2026, see reg. 1(2)

Care package content E+W

13.   A contractor may only provide a care package of a type listed in Schedule 2.

Commencement Information

I56 Sch. 1 para. 13 in force at 11.3.2026, see reg. 1(2)

Content of care package E+W

14.   Each care package must include—

(a) the relevant services indicated in the second column of the table in Schedule 2 which, in the clinical judgment of the dental practitioner, are most appropriate for the treatment of the patient,

(b) preventative interventions appropriate to the patient’s risk profile,

(c) a stabilisation phase, where clinically necessary,

(d) definitive treatment for diagnosed conditions,

(e) a recall interval based on clinical risk, and

(f) patient education and self-care support.

Commencement Information

I57 Sch. 1 para. 14 in force at 11.3.2026, see reg. 1(2)

Treatment plans E+W

15.— (1) A contractor which provides a care package to be delivered over more than one appointment must, at the time of the first examination of the patient, ensure that the patient is provided with a treatment plan on a form supplied for that purpose by the Local Health Board specifying—

(a) the name of the patient,

(b) the name of the contractor,

(c) the details of the places where the patient is intended to receive the course of treatment under the care package to be provided to them by the contractor,

(d) the telephone number at which the contractor may be contacted during its normal surgery hours,

(e) details of the services which are at the date of that examination considered to be necessary for the contractor to provide having regard to the reason for and the risk allocation of the care package, and

(f) any proposals the contractor may have for private dental services as an alternative to the services proposed under the contract, including details of the cost to the patient if they were to accept the provision of private dental services.

(2) If the patient, having considered the treatment plan provided in accordance with sub-paragraph (1), decides to accept the provision of private dental services in place of all or part of services under the contract, the contractor must ensure that the patient signs that plan in the appropriate place to indicate that they have understood the nature of private dental services to be provided and their acceptance of those private dental services.

(3) Where the services included in the treatment plan need to be varied for clinical reasons, the contractor must provide the patient with a revised referral treatment plan in accordance with sub-paragraph (1).

(4) The contractor must, subject to the termination of the contract, or being unable to complete a course of treatment in accordance with paragraph 6(5) or (6) of Schedule 3 (course of treatment), provide the services which are detailed in the referral treatment plan, or where a revised treatment plan is provided pursuant to sub-paragraph (3), pursuant to that revised treatment plan.

Commencement Information

I58 Sch. 1 para. 15 in force at 11.3.2026, see reg. 1(2)

Missed appointments E+W

16.   When a contractor puts a patient onto a care package they must communicate orally and in writing that the contractor must, unless it is satisfied that the missed appointments were caused because of something beyond the control of the patient, begin the de-listing process in accordance with paragraph 17, where a patient during the course of a care package—

(a) fails to attend two consecutive appointments, or

(b) fails to attend three appointments in total.

Commencement Information

I59 Sch. 1 para. 16 in force at 11.3.2026, see reg. 1(2)

De-listing notification – care packages E+W

17.   Upon initiating de-listing, the contractor must—

(a) notify the patient in writing of the intention to remove them from their list of active patients, including the reasons and the number of missed appointments,

(b) provide the patient with an opportunity to respond within 14 clear days and, if they do respond, consider whether the de-listing process should be stopped, and

(c) record the missed appointments and correspondence in the patient’s clinical record.

Commencement Information

I60 Sch. 1 para. 17 in force at 11.3.2026, see reg. 1(2)

De-listing E+W

18.   If no response that allows the contractor to be satisfied in accordance with paragraph 16 is received within the period specified in paragraph 17(b), or if the patient confirms they no longer wish to continue care, the contractor must—

(a) de-list the patient from the care package, and

(b) advise the patient to re-apply through the Dental Access Portal for re-allocation.

Commencement Information

I61 Sch. 1 para. 18 in force at 11.3.2026, see reg. 1(2)

Payments E+W

19.— (1) Subject to sub-paragraph (2) the Local Health Board must arrange for each contractor to be remunerated for the delivery of care package in accordance with directions issued by the Welsh Ministers under section 60 of the 2006 Act.

(2) The contract must provide that—

(a) periodontal care packages are limited to two a year for each patient, and

(b) total provision of crown, bridge, inlay, onlay and veneer care packages must not exceed 10% of annual contract value annually unless prior written approval has been obtained from the Local Health Board.

Commencement Information

I62 Sch. 1 para. 19 in force at 11.3.2026, see reg. 1(2)

Payments after de-listing E+W

20.— (1) Subject to sub-paragraph (2), the contract must provide that—

(a) where a patient is de-listed under paragraph 17(b), the contractor may claim the full value of the care package, provided that—

(i) the patient had attended at least one appointment,

(ii) the contractor can demonstrate that they made adequate efforts to ensure the patient’s attendance and have written to the patient to explain that the care package has ended and that the patient must register to be reallocated through the Dental Access Portal, and

(iii) evidence of the efforts made is retained for 24 months by the contractor and made available on request for audit purposes;

(b) the contractor may claim the full value of the care package where a care package has been ended by—

(i) the contractor where—

(aa) the circumstances referred to in paragraph 3(1) of Schedule 3 (violent patients) occur and notice that it is no longer willing to provide services to the patient has been given to the Local Health Board,

(bb) the patient has refused to pay a charge in the circumstances referred to in paragraph 4 of Schedule 3 (patients who refuse to pay NHS charges before the start of, or during, treatment), or

(cc) in the reasonable opinion of the contractor, there has been an irrevocable breakdown in the relationship between the patient and that contractor and, notice of such a breakdown has been given to the patient and the Local Health Board,

(ii) the patient, or

(iii) a person specified in paragraph 1(2) of Schedule 3 acting on the patient’s behalf.

(2) The amount claimed under sub-paragraph (1)(a) and (b) must be reduced in circumstances where the patient charge calculated in accordance with Schedule 5, in addition to the sum claimed, means payment in excess of the value of the care package is due so that the combined payment and charge is not more than the value of the care package.

Commencement Information

I63 Sch. 1 para. 20 in force at 11.3.2026, see reg. 1(2)

PART 4 E+W Prevention services

Requirement to provide prevention services E+W

21.   The contract must include a requirement that the contractor provides prevention services to new patients and active patients in accordance with this Part.

Commencement Information

I64 Sch. 1 para. 21 in force at 11.3.2026, see reg. 1(2)

22.   The purpose of prevention services is to—

(a) reduce the number of cases of oral disease,

(b) promote good oral health behaviours,

(c) identify and address risk factors for oral disease, and

(d) support patients in maintaining optimal oral health.

Commencement Information

I65 Sch. 1 para. 22 in force at 11.3.2026, see reg. 1(2)

Scope of prevention services E+W

23.   Prevention services must include the provision of tailored preventative advice and interventions appropriate to the patient’s age, risk profile, and clinical needs.

Commencement Information

I66 Sch. 1 para. 23 in force at 11.3.2026, see reg. 1(2)

Timing of prevention services E+W

24.   Prevention services must be provided—

(a) as part of every new patient assessment,

(b) as part of every recall appointment,

(c) as an integral component of every care package, and

(d) as a standalone intervention where clinically indicated.

Commencement Information

I67 Sch. 1 para. 24 in force at 11.3.2026, see reg. 1(2)

Content of prevention services E+W

25.   Prevention services must include, as appropriate to the individual patient’s needs, advice and interventions relating to—

(a) oral hygiene instruction, including—

(i) tooth brushing technique and frequency;

(ii) interdental cleaning methods;

(iii) tongue cleaning where appropriate;

(iv) denture care where applicable;

(b) dietary advice, including—

(i) the role of sugar in dental disease;

(ii) frequency and timing of sugar consumption;

(iii) acidic food and drink consumption;

(iv) healthy eating for oral health;

(c) fluoride use, including—

(i) fluoride toothpaste concentration appropriate to age and risk;

(i) fluoride varnish application where clinically indicated;

(ii) fluoride supplements where appropriate;

(iii) other topical fluoride products where indicated;

(d) lifestyle factors, including—

(i) smoking cessation advice and signposting to support services;

(ii) alcohol consumption and its effects on oral health;

(iii) recreational drug use and oral health impacts;

(e) oral cancer awareness, including—

(i) risk factors for oral cancer;

(ii) self-examination techniques;

(iii) when to seek professional advice;

(f) trauma prevention, including—

(i) mouthguard use for sports and recreational activities;

(ii) prevention of dental injuries in children;

(g) age-specific advice, including—

(i) for infants and young children: teething, bottle feeding, dummy use, and early childhood caries prevention;

(ii) for adolescents: orthodontic care, wisdom teeth, oral piercing risks;

(iii) for pregnant women: oral health during pregnancy and early childhood oral health;

(iv) for older adults: dry mouth management, denture care, medication effects on oral health.

Commencement Information

I68 Sch. 1 para. 25 in force at 11.3.2026, see reg. 1(2)

Delivery of prevention services E+W

26.— (1) A contractor must deliver prevention services—

(a) in a way appropriate to the patient’s age, understanding, and communication needs,

(b) using language that is clear and accessible to the patient,

(c) with the involvement of parents, carers, or guardians where appropriate,

(d) with written reinforcement of key messages where clinically indicated, and

(e) with demonstration of techniques where appropriate.

(2) A contractor may deliver prevention services—

(a) face-to-face during clinical appointments,

(b) through remote digital technology where appropriate and with the patient’s consent,

(c) through group education sessions where appropriate, or

(d) through a combination of the above methods.

Commencement Information

I69 Sch. 1 para. 26 in force at 11.3.2026, see reg. 1(2)

Team-based delivery E+W

27.   Prevention services may be delivered by any appropriately trained member of a contractor’s dental team, including—

(a) dentists,

(b) dental therapists,

(c) dental hygienists,

(d) dental nurses with extended duties in oral health education, or

(e) other dental care professionals as appropriate.

Commencement Information

I70 Sch. 1 para. 27 in force at 11.3.2026, see reg. 1(2)

Other dental care professional’s supervision E+W

28.   Where prevention services are delivered by a dental care professional other than a dentist, the contractor must ensure appropriate supervision arrangements are in place in accordance with professional regulatory requirements.

Commencement Information

I71 Sch. 1 para. 28 in force at 11.3.2026, see reg. 1(2)

Evidence-based practice E+W

29.   The contractor must deliver prevention services in accordance with current evidence-based guidance, including—

(a) the guidance set out in “Delivering Better Oral Health” as updated from time to time,

(b) guidance issued by the National Institute for Health and Care Excellence (NICE) in particular the guidance entitled “Dental recall— Recall interval between routine dental examinations”,

(c) professional guidance issued by the General Dental Council, and

(d) any guidance given by the Welsh Ministers or the Local Health Board.

Commencement Information

I72 Sch. 1 para. 29 in force at 11.3.2026, see reg. 1(2)

Risk-based prevention E+W

30.   The contractor must tailor the intensity and frequency of prevention services to the patient’s risk profile (high, moderate, low in accordance with paragraphs 31 to 33) as decided through clinical assessment.

Commencement Information

I73 Sch. 1 para. 30 in force at 11.3.2026, see reg. 1(2)

High risk patients E+W

31.   For patients assessed as high-risk, prevention services must include—

(a) more frequent preventative interventions,

(b) enhanced preventative advice and support,

(c) application of fluoride varnish at intervals decided by clinical need,

(d) consideration of additional preventative measures such as fissure sealants, and

(e) more frequent monitoring and review.

Commencement Information

I74 Sch. 1 para. 31 in force at 11.3.2026, see reg. 1(2)

Moderate risk patients E+W

32.   For patients assessed as moderate-risk, prevention services must include—

(a) regular preventative advice at each appointment,

(b) application of fluoride varnish where clinically indicated,

(c) reinforcement of key preventative messages, and

(d) monitoring of risk factors.

Commencement Information

I75 Sch. 1 para. 32 in force at 11.3.2026, see reg. 1(2)

Low risk patients E+W

33.   For patients assessed as low-risk, prevention services must include—

(a) preventative advice appropriate to maintaining low-risk status,

(b) reinforcement of good oral health behaviours, and

(c) periodic review of risk status.

Commencement Information

I76 Sch. 1 para. 33 in force at 11.3.2026, see reg. 1(2)

Specific preventative interventions E+W

34.   Where clinically indicated, prevention services may include the following interventions—

(a) application of fluoride varnish,

(b) application of fissure sealants,

(c) application of topical fluoride products,

(d) professional tooth cleaning (scale and polish) where this forms part of a preventative strategy,

(e) dietary analysis and counselling,

(f) smoking cessation support and referral, and

(g) other evidence-based preventative interventions as appropriate.

Commencement Information

I77 Sch. 1 para. 34 in force at 11.3.2026, see reg. 1(2)

Documentation requirements E+W

35.   The contractor must ensure that the following information is recorded in the patient’s clinical record in relation to prevention services—

(a) the date on which prevention services were provided,

(b) the member of the dental team who provided the prevention services,

(c) the specific preventative advice and interventions provided,

(d) the patient’s risk assessment in relation to oral disease,

(e) any preventative products recommended or provided,

(f) any onward referrals made (e.g., to smoking cessation services),

(g) the patient’s response to preventative advice where relevant, and

(h) the planned preventative strategy for future appointments.

Commencement Information

I78 Sch. 1 para. 35 in force at 11.3.2026, see reg. 1(2)

Patient information materials E+W

36.— (1) The contractor must ensure that appropriate patient information materials are available to support the delivery of prevention services, including—

(a) written information on oral hygiene techniques,

(b) dietary advice for oral health,

(c) information on fluoride use,

(d) smoking cessation resources,

(e) oral cancer awareness materials, and

(f) age-specific oral health information.

(2) Patient information materials must be—

(a) evidence-based and consistent with current guidance,

(b) available in Welsh and English,

(c) available in formats accessible to patients with communication needs or disabilities,

(d) culturally appropriate, and

(e) updated regularly to reflect current evidence and guidance.

Commencement Information

I79 Sch. 1 para. 36 in force at 11.3.2026, see reg. 1(2)

Monitoring and audit E+W

37.— (1) The Local Health Board must monitor the contractor’s delivery of prevention services by conducting a minimum of three of the following actions in each financial year—

(a) review of clinical records,

(b) patient feedback and surveys,

(c) analysis of oral health outcomes,

(d) audit of preventative interventions provided, and

(e) assessment of compliance with evidence-based guidance.

(2) The contractor must—

(a) participate in audits of the prevention services delivered, as required by the Local Health Board,

(b) provide evidence of the prevention services delivered upon request,

(c) demonstrate compliance with evidence-based guidance,

(d) participate in quality improvement activities relating to prevention, and

(e) carry out continuing professional development in preventative dentistry.

Commencement Information

I80 Sch. 1 para. 37 in force at 11.3.2026, see reg. 1(2)

Breach of prevention requirements E+W

38.   Failure by a contractor to provide prevention services in accordance with this Part may constitute a breach of contract and may result in the Local Health Board—

(a) finding a contract breach and the issuing of a remedial notice or breach of contract notice, as defined by paragraph 69 of Schedule 3,

(b) issuing requirements to carry out remedial action,

(c) requiring enhanced monitoring of prevention service delivery,

(d) issuing requirements for additional training or professional development, or

(e) taking other contractual consequences measures as specified in Schedule 3.

Commencement Information

I81 Sch. 1 para. 38 in force at 11.3.2026, see reg. 1(2)

Payments E+W

39.   The Local Health Board must arrange for each contractor to be remunerated for the provision of prevention services through a capitation payment in accordance with paragraph 40 and any directions issued by the Welsh Ministers under section 60 of the 2006 Act.

Commencement Information

I82 Sch. 1 para. 39 in force at 11.3.2026, see reg. 1(2)

Capitation payment for prevention appointments that occur within 18 months of a previous appointment E+W

40.— (1) The contract must provide that—

(a) the contractor receives a capitation payment equivalent to 5% of the annual contract value to cover the provision of prevention services to all patients;

(b) the capitation payment is made in equal monthly instalments throughout the contract year;

(c) the capitation payment may not be subject to financial recovery based on activity levels, provided that the contractor is delivering prevention services in accordance with this Part;

(d) where monitoring or audit by or on behalf of the Local Health Board reveals that the contractor is not delivering prevention services in accordance with this Part, the Local Health Board may—

(i) require remedial action to be taken within a specified timeframe,

(ii) withhold future capitation payments until compliance is demonstrated,

(iii) recover capitation payments already made in respect of periods during which prevention services were not properly provided, or

(iv) take other action in accordance with the breach of contract provision in Schedule 3.

(2) The capitation payment under paragraph 40(1) remunerates the contractor for—

(a) preventative advice and interventions provided as part of new patient assessments,

(b) preventative advice and interventions provided as part of recall appointments,

(c) preventative advice and interventions provided as part of care packages,

(d) standalone preventative appointments where clinically indicated,

(e) application of fluoride varnish where clinically indicated,

(f) provision of patient information materials,

(g) time spent by all members of the dental team in delivering prevention services, and

(h) administrative costs associated with documenting and monitoring prevention service delivery.

Commencement Information

I83 Sch. 1 para. 40 in force at 11.3.2026, see reg. 1(2)

Capitation payments for recalls when it is 18 months since the previous appointment E+W

41.— (1) The contract must provide that—

(a) the contractor receives a capitation payment equivalent to 3% of the annual contract value to remunerate the contractor for the provision of recall appointments which are over 18 months later than the previous appointment;

(b) the capitation payment is made in equal monthly instalments throughout the contract year;

(c) subject to paragraph (d), the capitation payment cannot be subject to financial recovery based on activity levels, provided that the contractor is delivering prevention services in accordance with this Part;

(d) where monitoring or audit reveals that the contractor is not delivering prevention services in accordance with sub-paragraph (2)(a) below, the Local Health Board may—

(i) require remedial action to be taken within a specified timeframe,

(ii) withhold future capitation payments until compliance is demonstrated,

(iii) recover capitation payments already made in respect of periods during which prevention services were not properly provided, or

(iv) take other action in accordance with the breach of contract provisions in Schedule 3.

(2) The capitation payment under paragraph 41(1) remunerates the contractor for—

(a) the recall of at least 80% of low risk active patients who are subject to recall intervals of between 18 and 24 months,

(b) preventative advice and interventions provided as part of those low risk patient recall appointments, and

(c) application of fluoride varnish as part of those low risk recall appointments, where clinically indicated.

Commencement Information

I84 Sch. 1 para. 41 in force at 11.3.2026, see reg. 1(2)

Preventative intervention during a care package E+W

42.   Specific preventative interventions that form part of a care package (such as fissure sealants or extensive dietary counselling) are remunerated through the care package payment under paragraph 19 and not through the prevention capitation payments under paragraph 40 or 41 as the case may be.

Commencement Information

I85 Sch. 1 para. 42 in force at 11.3.2026, see reg. 1(2)

Continuing professional development E+W

43.— (1) The contractor must ensure that all members of the dental team involved in delivering prevention services carry out regular continuing professional development in preventative dentistry, including—

(a) updates on evidence-based preventative guidance,

(b) training in behaviour change techniques,

(c) training in delivering prevention services to diverse patient groups,

(d) training in the use of digital technology for prevention service delivery, and

(e) other relevant professional development as appropriate.

(2) The contractor must retain evidence of continuing professional development in preventative dentistry for 24 months from the date the continuing professional development was undertaken and make this available to the Local Health Board upon request for audit purposes.

Commencement Information

I86 Sch. 1 para. 43 in force at 11.3.2026, see reg. 1(2)

De-listing notification – prevention services E+W

44.   Upon initiating de-listing, the contractor must—

(a) notify the patient in writing of the intention to remove them from their list of active patients, including the reasons and the number of missed appointments,

(b) provide the patient with an opportunity to respond within 14 clear days and if they do respond consider whether the delisting process should be stopped, and

(c) record the missed appointments and correspondence in the patient’s clinical record.

Commencement Information

I87 Sch. 1 para. 44 in force at 11.3.2026, see reg. 1(2)

De-listing after 36 months E+W

45.   If an active patient has not attended an appointment with the contractors practice for a period of 36 months the contractor must—

(a) de-list the patient, and

(b) advise the patient to register on the Dental Access Portal for reallocation.

Commencement Information

I88 Sch. 1 para. 45 in force at 11.3.2026, see reg. 1(2)

PART 5 E+W National priorities

46.   The contract must require that contractors make arrangements to pursue National Priorities in accordance with the National Priorities Scheme. E+W

Commencement Information

I89 Sch. 1 para. 46 in force at 11.3.2026, see reg. 1(2)

47.   The National Priorities Scheme means making arrangements for the delivery of selected items from the list below in accordance with directions issued by the Welsh Ministers under section 60(3)(b)(i) of the 2006 Act— E+W

(a) quality improvement,

(b) quality management

(c) addressing inequality,

(d) improving access to services for targeted cohorts of patients,

(e) developing new service delivery models including integrated care for management of chronic disease,

(f) developing the use of a variety of dental professionals to deliver dental care more effectively and efficiently,

(g) digital delivery of services,

(h) improving infection prevention and control, and

(i) sustainability (greener dentistry).]

Commencement Information

I90 Sch. 1 para. 47 in force at 11.3.2026, see reg. 1(2)

Regulation 14

Schedule 2 E+W CARE PACKAGES

Commencement Information

I91 Sch. 2 in force at 11.3.2026, see reg. 1(2)

Title	Description
Simple Restorative Care Package	Includes fillings, temporary crowns, Hall crowns and extractions up to a total of 4 teeth.
Extensive Restorative Package	As per simple restorative package for 5 to 8 teeth. Composite material for anterior teeth (canine to canine). Posterior teeth to use clinically appropriate materials, which include both amalgam and amalgam alternatives.
Periodontal Care Package (maximum of two per patient per year)	Entry assessed on engagement from assessment, but patient must achieve minimum of 30% plaque score by 3rd Oral Health Education visit. Includes plaque score and tailored oral health instruction, 6 point pocket chart, professional mechanical plaque removal and pocket debridement. Contract holders expected to follow guidance such as the Society of British Periodontology guidance on managing patients with periodontal disease.
Denture Care Package	Excludes laboratory charges (to be paid directly by the patient, unless exempt from NHS charges). Includes upper and lower dentures, including Cobalt Chrome dentures if clinically indicated
Stabilisation Care Package	For patients who present with 7+ carious teeth, where at least two of the teeth have caries extending to close proximity or into the pulp and the patient is keen to engage. Includes extractions, DBOH prevention, glass ionomer intermediate restorations, pulp extirpation, removal of plaque retentive factors.
Anterior Root Canal Package	For up to two teeth 1-3, includes any permanent restorations.
Posterior Root Canal Package	Posterior and pre-molar root canal package, for up to two teeth. Includes second molars if the tooth is strategically necessary to maintain dentition (e.g. patients who have a lack of posterior support, a medical reason to retain etc.). Includes any cuspal coverage needed, excluding laboratory charge (paid by patients, unless exempt from NHS charges).
Crown Bridge, Inlay, Onlay and Veneer Care Package (limited to 10% of overall care package delivery)	Excludes temporary restorations. Up to a 3 unit bridge or up to two crowns or where a crown and bridge are both provided a single cantilever bridge and single crown would be provided under a single care package. Includes study models, posts and cores etc. Excludes laboratory charges.
Miscellaneous Care Package	For treatment and interventions for patients that fall outside a current care package or outside the guarantee period. Includes: denture repair/addition/reline, denture ease, study models, bite raising appliance, biopsy, repair/recement of a crown, bridge or veneer, removal of sutures, pericoronitis, ANUG, orthodontic urgent issues, arrest of haemorrhage (for extractions carried outside of a care package), dry socket (for extractions carried outside of a care package). Excludes any laboratory charge.

1.  Periodontal care packages are limited to two a year for each patient. E+W

2.  Total provision of crown bridge, inlay, onlay and veneer care packages must not exceed 10% of annual contract value annually unless prior written approval has been obtained from the Local Health Board. E+W

3.  Urgent treatment for active patients may, where clinically appropriate, be delivered as a care package within the urgent appointment or subsequent appointments where necessary. E+W

Regulations 2, 9(5),9(7), 13(3)(a), 17(6), 19(1), 19(3), 23, 26, 29, 33(1)

Schedule 3 E+W OTHER CONTRACTUAL TERMS

PART 1 E+W PATIENTS

Persons to whom mandatory services are to be provided E+W

1.—(1) Subject to sub-paragraphs (3) and (5), the contractor may agree to provide mandatory services under the contract to any new patient or active patient if a request is made for such services by—

(a) the person who requires the services, or

(b) a person specified in sub-paragraph (2), on behalf of the person who requires those services.

(3) For the purposes of sub-paragraph (1), a request for services may be made—

(a) on behalf of any child by—

(i) either parent,

(ii) a person duly authorised by a local authority to whose care the child has been committed under the 1989 Act, or

(iii) a person duly authorised by a voluntary organisation by which the child is being accommodated under the provisions of that Act, or

(b) on behalf of any adult who is incapable of making such a request or authorising such a request to be made on their behalf, by a relative or the primary carer of that person.

(4) The contractor may refuse to provide mandatory services in relation to a person falling outside a specified group of persons only where the contract provides for the contractor to provide such services to a specified group.

(5) The contractor may refuse to provide services under the contract to a person if it has reasonable grounds for doing so which do not relate to—

(a) any protected characteristics under the Equality Act 2010, social class, appearance or medical or dental condition(27), or

(b) a person’s decision or intended decision to accept or refuse private dental services in respect of himself or herself or a family member.

(6) Sub-paragraph (1) does not apply—

(a) where the contractor is providing mandatory services in a prison, or

(b) in any event to dental public health functions.

Commencement Information

I92 Sch. 3 para. 1 in force at 11.3.2026, see reg. 1(2)

Patient preference of dental practitioner E+W

2.—(1) Where the contractor has agreed to provide services to a patient it must—

(a) inform the patient (or, in the case of a child or adult to whom paragraph 1(2)(b) applies, the person who made the request on their behalf) of the patient’s right to express a preference to receive services from a particular practitioner, and

(b) record in writing any such preference expressed by or on behalf of the patient.

(2) The contractor must endeavour to comply with any reasonable preference expressed under sub-paragraph (1) but need not do so if the preferred performer—

(a) has reasonable grounds for refusing to provide services to the patient, or

(b) does not routinely perform the services required by the patient within the practice.

(3) This paragraph does not apply—

(a) where the contractor is providing mandatory services in a prison, or

(b) in any event to dental public health functions.

Commencement Information

I93 Sch. 3 para. 2 in force at 11.3.2026, see reg. 1(2)

Violent patients E+W

3.—(1) Where a patient of the contractor has—

(a) committed an act of violence against any of the persons specified in sub-paragraph (3),

(b) behaved in such a way against any of the persons specified in sub-paragraph (3) that the person has feared for their safety, or

(c) behaved in such a way that in the reasonable opinion of the contractor any of the persons specified in sub-paragraph (3) would be at risk if services were provided to that patient,

the contractor may refuse to provide services to the patient or may terminate the provision of services to the patient.

(2) If the circumstances described in sub-paragraph (1) have taken place and the contractor has decided it is no longer willing to provide services to that patient the contractor must notify the Local Health Board of this decision within 7 clear days of the decision being made and begin the de-listing process, if relevant.

(3) The reference to person in sub-paragraph (1) means—

(a) the contractor where it is an individual dental practitioner,

(b) in the case of a contract with two or more individuals practising in partnership, a partner in that partnership,

(c) in the case of a contract with a dental corporation, a director, chief executive, company secretary or member of, or a legal and beneficial owner of shares in, that corporation,

(d) a member of the contractor’s staff,

(e) a person engaged by the contractor to perform or assist in the performance of services under the contract, or

(f) any other person present—

(i) on the practice premises, or

(ii) in the place where services were provided to the patient under the contract.

(4) Notification under sub-paragraph (2) may be given by any means including telephone, fax or email but if not given in writing, must be confirmed in writing within 7 clear days (and for this purpose a faxed or email notification is not a written one).

(5) The time at which the contractor notifies the Local Health Board is the time at which it makes the telephone call or sends or delivers the notification to the Local Health Board.

(6) The Local Health Board must—

(a) acknowledge in writing receipt of the notice from the contractor under sub-paragraph (2),

(b) ensure the effect of the notice is recorded on the Dental Access Portal so as to prevent re-allocation of that patient to that contractor, and

(c) take all reasonable steps to inform the patient concerned as soon as is reasonably practicable.

Commencement Information

I94 Sch. 3 para. 3 in force at 11.3.2026, see reg. 1(2)

Patients who refuse to pay NHS charges before the start of, or during, treatment E+W

4.—(1) If the contractor has, in accordance with Schedule 5, requested that the patient pay a charge in respect of that course of treatment and that patient has failed to pay that charge, the contractor may—

(a) refuse to begin a course of treatment, or

(b) terminate a course of treatment before its completion, and

where it has ended a course of treatment in accordance with sub-paragraph (a) or (b), begin the de-listing process.

(2) Where the contractor refuses to provide services or has terminated a course of treatment under sub-paragraph (1), the contractor must notify the Local Health Board within 7 clear days and if the contractor has initiated the de-listing process notify it of this.

(3) Notification under sub-paragraph (2) may be given by any means including telephone, fax or email but if not given in writing, must be confirmed in writing within 7 clear days (and for this purpose a faxed or email notification is not a written one).

(4) If the notification under sub-paragraph (2) confirms de-listing has been initiated the Local Health Board must—

(a) acknowledge in writing receipt of the notice from the contractor under sub-paragraph (2),

(b) ensure the effect of the notice is recorded on the Dental Access Portal so as to prevent re-allocation of that patient to that contractor, and

(c) take all reasonable steps to inform the patient concerned as soon as is reasonably practicable.

Commencement Information

I95 Sch. 3 para. 4 in force at 11.3.2026, see reg. 1(2)

Irrevocable breakdown in relationship between contractor and patient E+W

5.—(1) The contractor must notify the Local Health Board within 7 days of making the decision that it is no longer willing to provide services to a patient under the contract where—

(a) in the reasonable opinion of the contractor, there has been an irrevocable breakdown in the relationship between the patient and that contractor, and

(b) notification of such a breakdown has been given to the patient by the contractor.

(2) Where a notification under sub-paragraph (1) has been sent to the Local Health Board the contractor must begin the de-listing process.

(3) The notification under sub-paragraph (1) and (1)(b) may be given by any means including telephone, fax or email but if not given in writing, must be confirmed in writing within 7 clear days (and for this purpose a faxed or email notification is not a written one).

(4) Upon receipt of the notification under sub-paragraph (1) the Local Health Board must—

(a) acknowledge in writing receipt of the notice from the contractor under sub-paragraph (1),

(b) ensure the effect of the notice is recorded on the Dental Access Portal so as to prevent re-allocation of that patient to that contractor, and

(c) take all reasonable steps to inform the patient concerned as soon as is reasonably practicable.

Commencement Information

I96 Sch. 3 para. 5 in force at 11.3.2026, see reg. 1(2)

PART 2 E+W PROVISION OF SERVICES

Course of treatment E+W

6.—(1) Except in the case of dental public health functions, the contractor must provide mandatory services to a patient by providing a course of treatment to that patient.

(2) The contractor must use its best endeavours to ensure that a course of treatment is completed within a reasonable time from the date on which—

(a) the treatment plan was written in accordance with paragraph 7(1), or

(b) where a treatment plan is not required pursuant to that paragraph, the initial examination and assessment of the patient took place.

(3) Where a contractor provides urgent treatment to a patient, the urgent treatment provided constitutes a course of treatment and no other services are to be provided during that course of treatment.

(4) Any further services to be provided to that patient under the contract must be provided as a new course of treatment if a course of treatment is—

(a) ended before it has been completed, or

(b) otherwise not completed within a reasonable time.

(5) A course of treatment may only be ended by—

(a) the contractor—

(i) when the circumstances referred to in paragraph 3(1) of this Schedule (violent patients) occur and notice that it is no longer willing to provide services has been given to the Local Health Board,

(ii) where the patient has refused to pay a charge in the circumstances referred to in paragraph 4 of this Schedule (patients who refuse to pay NHS charges before the start of, or during, treatment), or

(iii) where, paragraph 5 (irrevocable breakdown in relationship between contractor and patient) applies and notice has been given to the patient and the Local Health Board,

(b) the patient, or

(c) a person specified in paragraph 1(2) of this Schedule acting on the patient’s behalf.

(6) If the contractor is unable to complete the course of the treatment which has been started for reasons beyond its control, the contractor must give notice to the Local Health Board within 14 clear days of the extent of the treatment so provided and the reason for the inability to complete the remainder.

Commencement Information

I97 Sch. 3 para. 6 in force at 11.3.2026, see reg. 1(2)

Treatment plans E+W

7.—(1) Where the contractor agrees to provide a course of treatment as part of a care package to a patient, it must, at the time of the initial examination and assessment of that patient, ensure that the patient is provided with a treatment plan on a form supplied for that purpose by the Local Health Board which must specify—

(a) the name of the patient,

(b) the name of the contractor,

(c) details of the places where the patient is intended to receive the services,

(d) the telephone number at which the contractor may be contacted during normal surgery hours,

(e) details of the services (if any) which are, at the date of the examination, considered necessary to secure the oral health of the patient,

(f) the NHS charge, if any, in respect of those services if provided pursuant to the contract, and

(g) any proposals the contractor may have for private dental services as an alternative to the services proposed under the contract, including details of the cost to the patient if they were to accept the provision of private dental services.

(2) If the patient, having considered the treatment plan provided pursuant to sub-paragraph (1), decides to accept the provision of private dental services in place of all or part of services under the contract, the contractor must ensure that the patient signs the treatment plan in the appropriate place to indicate that they have understood the nature of private dental services to be provided and their acceptance of those services.

(3) Where the services included in the treatment plan under this paragraph need to be varied, the contractor must provide the patient with a revised treatment plan in accordance with sub-paragraph (1).

(4) Subject to paragraph 6(5), the contractor must provide the services which are detailed in the treatment plan, or where the treatment plan is revised, the revised treatment plan.

(5) Where a patient requests the contractor to provide them with a summary of the care and treatment provided under the treatment plan because they intend to receive services from another contractor, the contractor must provide them with such a summary as they consider appropriate (including details of the care and treatment which could not easily be observed on visual examination).

(6) The summary referred to in sub-paragraph (5) must be supplied to the patient on a form supplied for that purpose by the Local Health Board within 28 clear days of that request.

Commencement Information

I98 Sch. 3 para. 7 in force at 11.3.2026, see reg. 1(2)

Completion of courses of treatment E+W

8.—(1) The contractor must indicate on the form supplied to the Local Health Board pursuant to paragraph 38(3) whether the course of treatment was completed, and if the course of treatment was not completed, provide the reason for the failure to complete the course of treatment.

(2) If the Local Health Board—

(a) decides that the number of courses of treatment provided by the contractor which have not been completed is excessive, and

(b) does not consider that the reasons given by the contractor for the failure to complete the courses of treatment are satisfactory,

it is entitled to exercise its powers under paragraph 57(2) on the grounds that the contractor is not, pursuant to paragraph 6(2), using its best endeavours to ensure courses of treatment are completed.

Commencement Information

I99 Sch. 3 para. 8 in force at 11.3.2026, see reg. 1(2)

Referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services E+W

9.—(1) Where a patient requires advanced mandatory services, domiciliary services or sedation services that are not provided under the contract by the contractor, the contractor must, if the patient agrees, refer that patient in accordance with sub-paragraph (2) for the provision of a referral service by an alternative contractor, a hospital or other relevant service provider under Part 1 of the 2006 Act.

(2) In referring a patient pursuant to sub-paragraph (1), the contractor must provide—

(a) to the patient being referred, a referral notice on a form supplied for that purpose by the Local Health Board which must specify the services detailed on the treatment plan which are to be carried out by the alternative contractor, hospital or other relevant service provider, and

(b) to the alternative contractor, hospital or other relevant service provider, either at the time of referral or as soon as reasonably practicable thereafter—

(i) a copy of the treatment plan provided to the patient pursuant to paragraph 7,

(ii) a copy of the referral notice, and

(iii) a statement of the amount paid to it, or due to be paid to it, by the patient under the 2006 (Charges) Regulations in respect of the course of treatment during which the referral is made.

(3) Where the patient notifies the contractor, whether verbally or in writing, that they do not wish to be referred to the alternative contractor, hospital or other relevant service provider selected by the contractor, the contractor must, if requested to do so by the patient, use its best endeavours to refer the patient to another suitable contractor, hospital or other relevant service provider under Part 1 of the 2006 Act for the provision of the referral service.

Commencement Information

I100 Sch. 3 para. 9 in force at 11.3.2026, see reg. 1(2)

Mixing of services provided under the contract with private dental services E+W

10.—(1) Subject to sub-paragraph 2, a contractor may, with the consent of the patient, provide privately any part of a course of treatment for that patient, including in circumstances where that patient has been referred to the contractor for a referral service.

(2) A contractor may not provide privately as part of a course of treatment under the contract any treatment that involves the administration of general anaesthesia or the provision of sedation.

(3) A contractor must not, with a view to obtaining the agreement of a patient to undergo services privately—

(a) advise a patient that the services which are necessary in their case are not available from the contractor under the contract, or

(b) seek to mislead the patient about the quality of the services available under the contract.

(4) In sub-paragraph (2), “provision of sedation” means the provision of one or more drugs to a patient in order to produce a state of depression of the central nervous system to enable treatment to be carried out.

Commencement Information

I101 Sch. 3 para. 10 in force at 11.3.2026, see reg. 1(2)

Repair or replacement of restorations E+W

11.—(1) Subject to sub-paragraph (4), where a restoration specified in sub-paragraph (2) needs to be repaired or replaced the contractor must repair or replace the restoration at no charge to the patient.

(2) The restorations referred to in sub-paragraph (1) are any filling, root filling, inlay, porcelain veneer or crown provided by the contractor to a patient in the course of providing services under the contract, which within the relevant period has to be repaired or replaced to secure oral health.

(3) The repair or replacement of a restoration specified in sub-paragraph (2) is a course of treatment under a care package for the purposes of calculating the proportion of mandatory services under regulation 17 despite no charge being made or recovered in accordance with the 2006 (Charges) Regulations.

(4) Sub-paragraph (1) does not apply where—

(a) within the relevant period, a person other than the contractor has provided treatment on the tooth in respect of which the restoration was provided,

(b) the contractor advised the patient at the time of the restoration and it was recorded on the patient record that the restoration was intended to be temporary in nature,

(c) in the opinion of the contractor, the condition of the tooth in respect of which the restoration was provided is such that the restoration cannot satisfactorily be repaired or replaced and different treatment is now required, or

(d) the repair or replacement is required as a result of trauma.

(5) In this paragraph, “the relevant period” means—

(a) the 12 month period beginning with the date on which the restoration was provided, and ending 12 months after that date in the case of treatment provided at an urgent care appointment, and

(b) the 24 month period beginning with the date on which the restoration was provided, and ending 24 months after that date in the case of treatment provided under a care package.

(6) In this paragraph “repair” or “replace” means the substitution of the same or a similar form of restoration.

Commencement Information

I102 Sch. 3 para. 11 in force at 11.3.2026, see reg. 1(2)

Premises, facilities and equipment E+W

12.—(1) The contractor must ensure that the practice premises used for the provision of services under the contract are—

(a) suitable for the delivery of those services, and

(b) sufficient to meet the reasonable needs of the contractor’s patients.

(2) The obligation in sub-paragraph (1) includes providing proper and sufficient waiting-room accommodation for patients.

(3) The contractor must provide, in relation to all of the services to be provided under the contract, such other facilities and equipment as are necessary to enable it to properly perform that service.

(4) In this paragraph, “practice premises” includes a mobile surgery.

Commencement Information

I103 Sch. 3 para. 12 in force at 11.3.2026, see reg. 1(2)

Telephone services E+W

13.—(1) The contractor must not be a party to any contract or other arrangement under which the number for their telephone services is a mobile telephone number or a premium rate number or charges the person calling more than the basic rate applicable to calls to geographic numbers if that number is used for—

(a) patients to contact the practice for any purpose related to the contract, or

(b) any other person to contact the practice in relation to services provided as part of the health service.

(2) In this paragraph, “mobile telephone number” means a telephone number which starts with the number 07 followed by a further 9 digits.

Commencement Information

I104 Sch. 3 para. 13 in force at 11.3.2026, see reg. 1(2)

National Institute for Health and Care Excellence guidance E+W

14.  The contractor must provide services under the contract in accordance with any relevant guidance that is issued by the National Institute for Health and Care Excellence(28), in particular the guidance entitled “Dental recall— Recall interval between routine dental examinations”(29).

Commencement Information

I105 Sch. 3 para. 14 in force at 11.3.2026, see reg. 1(2)

Infection control E+W

15.  The contractor must ensure that it has appropriate arrangements for infection control and decontamination in accordance with guidance given by the Welsh Ministers.

Commencement Information

I106 Sch. 3 para. 15 in force at 11.3.2026, see reg. 1(2)

Treatment under general anaesthesia: prohibition E+W

16.  The contractor must not provide any services under the contract that involve the provision of general anaesthesia.

Commencement Information

I107 Sch. 3 para. 16 in force at 11.3.2026, see reg. 1(2)

Welsh Language E+W

17.—(1) Where the contractor provides dental services under the contract through the medium of Welsh, it must notify the Local Health Board in writing.

(2) The contractor must make available a Welsh language version of any document or form for use by patients and/or members of the public, provided by the Local Health Board.

(3) Where the contractor displays a new sign or notice in connection with dental services provided under the contract, the text on the sign or notice must be in English and Welsh, and the contractor may use the translation service offered by the Local Health Board for this purpose.

(4) The contractor must encourage the wearing of a badge, provided by the Local Health Board, by those delivering dental services under the contract who are Welsh speaking, to convey that they are able to speak Welsh.

(5) The contractor must encourage those delivering dental services under the contract to use information and/or attend training courses and events provided by the Local Health Board, so that they can develop—

(a) an awareness of the Welsh language (including awareness of its history and its role in Welsh culture), and

(b) an understanding of how the Welsh language can be used when delivering dental services under the contract.

(6) The contractor must encourage those delivering dental services under the contract to establish and record the Welsh or English language preference expressed by or on behalf of a patient.

Commencement Information

I108 Sch. 3 para. 17 in force at 11.3.2026, see reg. 1(2)

PART 3 E+W SUPPLY OF DRUGS AND PRESCRIBING

General E+W

18.  The contractor must ensure that any prescription form for listed drugs, medicines or dental appliances issued by a prescriber complies as appropriate with the requirements in this Part.

Commencement Information

I109 Sch. 3 para. 18 in force at 11.3.2026, see reg. 1(2)

Supply of drugs E+W

19.—(1) A prescriber may supply to a patient such listed drugs, medicines or dental appliances as are required for immediate use before the issue of a prescription for such drugs, medicines or dental appliances in accordance with paragraph 20.

(2) A prescriber may personally administer to a patient any listed drug or medicine required for the treatment of that patient.

Commencement Information

I110 Sch. 3 para. 19 in force at 11.3.2026, see reg. 1(2)

Issue of prescription forms E+W

20.—(1) A prescriber must order such listed drugs, medicines or dental appliances (except for those supplied under paragraph 19) as are required for the treatment of any patient to whom it is providing services under the contract by issuing to the patient a prescription form.

(2) A prescription form must be—

(a) signed by the prescriber, and

(b) issued separately to each patient to whom the contractor is providing services under the contract.

(3) For the purposes of this paragraph, “prescription form” means a form that is supplied for the purposes of this paragraph by the Local Health Board.

Commencement Information

I111 Sch. 3 para. 20 in force at 11.3.2026, see reg. 1(2)

Excessive prescribing E+W

21.  A prescriber must not prescribe listed drugs, medicines or dental appliances whose cost or quantity, in relation to any patient, is, by reason of the character of that drug, medicine or dental appliance, in excess of that which was reasonably necessary for the proper treatment of that patient.

Commencement Information

I112 Sch. 3 para. 21 in force at 11.3.2026, see reg. 1(2)

PART 4 E+W PERSONS WHO PERFORM SERVICES

Dental practitioners E+W

22.  A dental practitioner may perform dental services under the contract provided—

(a) they are named in a dental performers list for a Local Health Board in Wales, and

(b) their naming in that list is not subject to a suspension.

Commencement Information

I113 Sch. 3 para. 22 in force at 11.3.2026, see reg. 1(2)

Dental care professionals E+W

23.  A person may perform dental services under the contract provided they are—

(a) a dental hygienist,

(b) a dental therapist, or

(c) a professional or member of a class as specified in regulations made under section 36A(2) of the 1984 Act, and

(i) they are a dental care professional, and

(ii) their registration in the dental care professionals register established under section 36B of the 1984 Act is not subject to a suspension.

Commencement Information

I114 Sch. 3 para. 23 in force at 11.3.2026, see reg. 1(2)

Performers: further requirements E+W

24.—(1) No dental care professional or other person other than one to whom paragraph 23 applies can perform clinical services under the contract unless they are appropriately registered with their relevant professional body and the registration is not subject to a suspension.

(2) Where—

(a) the registration of a dental practitioner, dental care professional or other health care professional, or

(b) a dental practitioner being included in a dental performers list,

is subject to conditions, the contractor must ensure compliance with those conditions in so far as they are relevant to the contract.

(3) No health care professional or other person may perform any clinical services under the contract unless they have such clinical experience and clinical training as are necessary to enable them to properly perform such services.

Commencement Information

I115 Sch. 3 para. 24 in force at 11.3.2026, see reg. 1(2)

Conditions for employment and engagement: dental practitioners performing dental services E+W

25.—(1) A contractor must not employ or engage a dental practitioner to perform dental services under the contract unless—

(a) that dental practitioner has provided the contractor with the name and address of the Local Health Board on whose dental performers list their name appears, and

(b) the contractor has checked that the dental practitioner meets the requirements in paragraphs 22 and 23.

(2) Where the employment or engagement of a dental practitioner is urgently needed and it is not possible to check the matters referred to in paragraph 22 in accordance with sub-paragraph (1)(b) before employing or engaging them, they may be employed or engaged on a temporary basis for a single period of up to 7 clear days whilst such checks are made.

Commencement Information

I116 Sch. 3 para. 25 in force at 11.3.2026, see reg. 1(2)

Conditions for employment and engagement: persons performing dental services other than dental practitioners E+W

26.—(1) The contractor must not employ or engage a dental care professional to perform dental services unless the contractor has taken reasonable steps to satisfy itself that the dental care professional has the clinical experience and clinical training necessary to enable them to properly perform dental services and the contractor has checked that—

(a) their name is included in the register of dental care professionals, and

(b) their registration in the register of dental care professionals is not subject to a suspension.

(2) Where the employment or engagement of a person specified in sub-paragraph (1) is urgently needed and it is not possible to check their registration in accordance with sub-paragraph (1) (where it applies) before employing or engaging them, they may be employed or engaged on a temporary basis for a single period of up to 7 clear days whilst such checks are made.

(3) When considering a person’s experience and training for the purposes of sub-paragraph (1), the contractor must have regard in particular to—

(a) any post-graduate or post-registration qualification held by that person, and

(b) any relevant training and any relevant clinical experience gained by them.

Commencement Information

I117 Sch. 3 para. 26 in force at 11.3.2026, see reg. 1(2)

Conditions for employment and engagement: all persons performing dental services E+W

27.—(1) The contractor must not employ or engage a person to perform dental services under the contract unless—

(a) that person has provided two clinical references that relate to two recent posts (which may include any current post) exercising the profession in which they seek employment or engagement with the contractor which lasted for 3 months or more without a significant break, or where this is not possible, that person has provided a full explanation and alternative referees, and

(b) the contractor has checked and is satisfied with the references.

(2) Where the employment or engagement of a person falling within sub-paragraph (1) is urgently needed and it is not possible for the contractor to obtain and check the references in accordance with sub-paragraph (1)(b) before employing or engaging them, they may be employed or engaged on a temporary basis for a single period of up to 14 clear days whilst their references are checked and considered, and for an additional period of a further 7 clear days if the contractor believes the person supplying those references is ill, on holiday or otherwise temporarily unavailable.

(3) Where the contractor employs or engages the same person on more than one occasion within a period of 3 months starting from the first employment or engagement, the contractor may rely on the references provided on the first occasion, provided that those references are not more than 12 months old.

Commencement Information

I118 Sch. 3 para. 27 in force at 11.3.2026, see reg. 1(2)

Conditions for employment and engagement: persons assisting in the provision of services under the contract E+W

28.—(1) Before employing or engaging any person to assist it in the provision of services under the contract, the contractor must take reasonable care to satisfy itself that the person in question is both suitably qualified and competent to discharge the duties for which they are to be employed or engaged.

(2) The duty imposed by sub-paragraph (1) is in addition to the duties imposed by paragraphs 25 to 27.

(3) When considering the competence and suitability of any person for the purpose of sub-paragraph (1), the contractor must have regard in particular to—

(a) that person’s academic and vocational qualifications,

(b) their education and training, and

(c) their previous employment or work experience.

Commencement Information

I119 Sch. 3 para. 28 in force at 11.3.2026, see reg. 1(2)

Training E+W

29.—(1) The contractor must ensure that arrangements are in place for the purpose of maintaining and updating the skills and knowledge in relation to the services which they are performing or assisting in performing for any dental practitioner or dental care professional who is—

(a) performing dental services under the contract, or

(b) employed or engaged to assist in the performance of such services.

(2) The contractor must give each employee reasonable opportunities to carry out appropriate training with a view to maintaining that employee’s competence.

Commencement Information

I120 Sch. 3 para. 29 in force at 11.3.2026, see reg. 1(2)

Level of skill E+W

30.  The contractor must carry out its obligations under the contract with reasonable care and skill.

Commencement Information

I121 Sch. 3 para. 30 in force at 11.3.2026, see reg. 1(2)

Appraisal and assessment E+W

31.  The contractor must ensure that any dental practitioner performing services under the contract—

(a) participates in the appraisal system (if any) provided by the Local Health Board unless they participate in the appraisal system provided by another health service body, and

(b) co-operates with an assessment by the NHS Wales Shared Services Partnership, Health Education and Improvement Wales, the Public Services Ombudsman for Wales, NHS Resolution or an equivalent body when requested to do so by the Local Health Board.

Commencement Information

I122 Sch. 3 para. 31 in force at 11.3.2026, see reg. 1(2)

Sub-contracting of clinical services E+W

32.—(1) The contractor must not sub-contract any of its rights or duties under the contract to any person in relation to clinical services unless—

(a) it has taken reasonable steps to satisfy itself that—

(i) it is reasonable in all the circumstances, and

(ii) that the person is qualified and competent to provide the service, and

(b) it is satisfied in accordance with paragraphs 77 and 78 that the sub-contractor holds adequate insurance.

(2) Where the contractor sub-contracts any of its rights or duties under the contract in relation to clinical services, it must—

(a) inform the Local Health Board of the sub-contract as soon as is reasonably practicable, and

(b) provide the Local Health Board with such information in relation to the sub-contract as it reasonably requests.

(3) Where the contractor sub-contracts clinical services in accordance with sub-paragraph (1), the parties to the contract are to be deemed to have agreed a variation to the contract which has the effect of adding to the list of the contractor’s premises any premises which are to be used by the sub-contractor for the purpose of the sub-contract and paragraph 60 does not apply.

(4) A contract with a sub-contractor must prohibit the sub-contractor from sub-contracting the clinical services it has agreed with the contractor to provide.

Commencement Information

I123 Sch. 3 para. 32 in force at 11.3.2026, see reg. 1(2)

PART 5 E+W RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

Patient records E+W

33.—(1) The contractor must ensure that a full, accurate and contemporaneous record is kept in the patient record in respect of the care and treatment given to each patient under the contract, including treatment given to a patient who is referred to the contractor.

(2) The patient record must be stored in electronic form, but the contemporaneous record may be recorded electronically or otherwise.

(3) Physical records, for example handwritten contemporaneous notes and study casts, must be stored appropriately and indexed to the electronic record.

(4) The patient record must include details of any private dental services (to the extent that they are provided with services under the contract) and must be kept with—

(a) a copy of any treatment plan or referral treatment plan given to the patient in accordance with paragraph 7 of this Schedule,

(b) all radiographs, photographs and study casts taken or obtained by it as part of the services provided to that patient,

(c) where the patient is an exempt patient—

(i) the written declaration form prescribed by the Local Health Board, in respect of exemption under section 126 of the 2006 Act, and

(ii) a note of the evidence in support of that declaration, and

(d) the statement concerning any custom-made devices provided by any person as a consequence of regulation 15 of the Medical Devices Regulations 2002(30) (procedures for custom-made devices) in respect of services being provided to that patient.

(5) The patient record and the items referred to in sub-paragraphs (3) and (4) must be retained for a period of 7 years beginning with—

(a) the date on which—

(i) a course of treatment is ended, or

(ii) a course of treatment is completed, or

(b) in respect of courses of treatment not falling within paragraph (a)(i) or (ii) the date by which no more services can be provided as part of that course of treatment by virtue of paragraph 6(4)(b) of this Schedule.

(6) Nothing in this paragraph affects any property right which the contractor may have in relation to the records, radiographs, photographs and study models referred to in this paragraph.

Commencement Information

I124 Sch. 3 para. 33 in force at 11.3.2026, see reg. 1(2)

Confidentiality of personal data E+W

34.  The contractor must nominate a person with responsibility for practices and procedures relating to the confidentiality of personal data held by it and produce an internal privacy policy.

Commencement Information

I125 Sch. 3 para. 34 in force at 11.3.2026, see reg. 1(2)

Information to patients E+W

35.—(1) The contractor must ensure that there is displayed in a prominent position in its practice premises, in a part to which patients have access, and on its website (if it has one)—

(a) in respect of its practice based quality assurance system referred to in paragraph 76, a written statement relating to its commitment to the matters referred to in paragraph 76(4),

(b) such information relating to NHS Charges as is supplied by the Local Health Board for the purposes of providing information to patients,

(c) information about the procedure for notifying concerns in accordance with Part 6 giving the name and title of the person nominated in accordance with paragraph 49(2)(a) or, in the case of a notification of a concern, the name of the person designated as the senior investigations manager under regulation 8 of the 2011 Regulations, and

(d) details of how to access the practice’s privacy policy.

(2) The contractor must—

(a) compile a document (in this paragraph called a “patient information leaflet”) which must include the information specified in Schedule 4,

(b) review its patient information leaflet at least once in every period of 12 months and make any amendments necessary to maintain its accuracy, and

(c) make available a copy of the leaflet, the practice’s privacy policy and any updates, to its patients and prospective patients.

(3) The requirements in sub-paragraph (2) do not apply to any contractor to the extent that it provides services to persons detained in prison.

Commencement Information

I126 Sch. 3 para. 35 in force at 11.3.2026, see reg. 1(2)

Provision of and access to information: Local Health Board E+W

36.  The contractor must, at the request of the Local Health Board—

(a) produce information to the Local Health Board or to a person authorised in writing by the Local Health Board in such format, and at such intervals or within such period, as the Local Health Board specifies, or

(b) allow the Local Health Board, or a person authorised in writing by it to access—

(i) any information which is reasonably required by the Local Health Board for the purposes of or in connection with the contract,

(ii) workforce information, and

(iii) any other information which is reasonably required in connection with the Local Health Board’s functions, including the contractor’s patient records.

Commencement Information

I127 Sch. 3 para. 36 in force at 11.3.2026, see reg. 1(2)

Inquiries about prescriptions and referrals E+W

37.—(1) The contractor must, subject to sub-paragraphs (2) and (3), sufficiently answer any inquiries whether oral or in writing from the Local Health Board concerning—

(a) any prescription form issued by a prescriber,

(b) the considerations by reference to which prescribers issue such forms,

(c) the referral by or on behalf of the contractor of any patient for any other services provided under the 2006 Act, or

(d) the considerations by reference to which the contractor makes such referrals or provides for them to be made on its behalf.

(2) An inquiry referred to in sub-paragraph (1) may only be made for the purpose either of obtaining information to assist the Local Health Board to discharge its functions or of assisting the contractor in the discharge of its obligations under the contract.

(3) The contractor is not obliged to answer any inquiry referred to in sub-paragraph (1) unless it is made—

(a) in the case of sub-paragraph (1)(a) or (1)(b), by a qualified health care professional, or

(b) in the case of sub-paragraph (1)(c) or (1)(d), by a qualified dental practitioner,

appointed in either case by the Local Health Board to assist it in the exercise of its functions under this paragraph and that person produces, on request, written evidence that they are authorised by the Local Health Board to make such inquiry on its behalf.

Commencement Information

I128 Sch. 3 para. 37 in force at 11.3.2026, see reg. 1(2)

Notification of a course of treatment etc. E+W

38.—(1) The contractor must, within 2 months of the date upon which—

(a) it completes a course of treatment in respect of mandatory services,

(b) a course of treatment in respect of mandatory services is ended, or

(c) in respect of courses not falling within sub-paragraph (a) or (b), no more services can be provided by virtue of paragraph 6(4)(b) of this Schedule,

send to the Local Health Board the information specified in sub-paragraph (2).

(2) The information referred to in sub-paragraph (1) consists of—

(a) details of the patient to whom it provides services,

(b) details of the services provided (including any dental appliances provided) to that patient,

(c) details of any NHS Charge payable (and paid or outstanding) by that patient, and

(d) in the case of a patient who is an exempt patient, such details of that exemption and the basis of that exemption as the Local Health Board may reasonably request.

(3) In the case of a patient to whom sub-paragraph (2)(d) applies, the contractor must also provide the Local Health Board (or a person authorised on the Local Health Board’s behalf) with the written declaration form.

(4) The contractor must send the information required in sub-paragraph (2) to the Local Health Board by means of electronic submission, but the Local Health Board may accept submission of that information in paper form in such exceptional circumstances as the Local Health Board may reasonably decide.

(5) In this paragraph, “electronic submission” means information submitted electronically via a computer system approved by the Local Health Board.

Commencement Information

I129 Sch. 3 para. 38 in force at 11.3.2026, see reg. 1(2)

Annual report and review E+W

39.—(1) The Local Health Board must provide to the contractor an annual report in accordance with regulation 24.

(2) Once the Local Health Board has provided the report referred to in sub-paragraph (1), the Local Health Board must arrange with the contractor an annual review of its performance in relation to the contract.

(3) The Local Health Board must prepare a draft record of the review referred to in sub-paragraph (2) for comment by the contractor and, having regard to such comments, produce a final written record of the review.

(4) A copy of the final record referred to in sub-paragraph (3) must be sent to the contractor.

Commencement Information

I130 Sch. 3 para. 39 in force at 11.3.2026, see reg. 1(2)

Notifications to the Local Health Board E+W

40.—(1) In addition to any requirements of notification elsewhere in the Regulations, the contractor must notify the Local Health Board in writing, as soon as reasonably practicable, of—

(a) any serious incident that in the reasonable opinion of the contractor affects or is likely to affect the contractor’s performance of its obligations under the contract, or

(b) any circumstances which give rise to the Local Health Board’s right to terminate the contract under paragraph 65 or 70.

(2) The contractor must, unless it is impracticable for it to do so, notify the Local Health Board in writing within 28 clear days of any occurrence requiring a change in the information about it published by the Local Health Board.

(3) The contractor must give notice in writing to the Local Health Board when a dental practitioner who is performing or is due to perform services under the contract (as the case may be)—

(a) leaves the contractor, and the date upon which they left, or

(b) is employed or engaged by the contractor,

which includes the name of the dental practitioner who has left, or who has been employed or engaged, together with that person’s professional registration number.

Commencement Information

I131 Sch. 3 para. 40 in force at 11.3.2026, see reg. 1(2)

Notice provisions specific to a contract with a dental corporation E+W

41.  A contractor, which is a dental corporation, must give notice in writing to the Local Health Board immediately when—

(a) it passes a resolution, or a court of competent jurisdiction makes an order that the contractor be wound up,

(b) circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor,

(c) circumstances arise which would enable the court to make a winding up order in respect of the contractor, or

(d) the contractor is unable to pay its debts within the meaning of section 123 of the 1986 Act (definition of inability to pay debts).

Commencement Information

I132 Sch. 3 para. 41 in force at 11.3.2026, see reg. 1(2)

Notice provisions specific to a contract with two or more individuals practising in partnership E+W

42.—(1) A contractor which is a partnership must give notice in writing to the Local Health Board immediately when—

(a) a partner leaves or informs their partners that they intend to leave the partnership, and the date upon which they left or are due to leave the partnership, or

(b) a new partner joins the partnership.

(2) A notice under sub-paragraph (1)(b) must—

(a) state the date that the new partner joined the partnership,

(b) confirm that the new partner is a dental practitioner,

(c) confirm that the new partner meets the conditions imposed by regulation 4 (general conditions relating to all contracts), and

(d) state whether the new partner is a general or a limited partner.

Commencement Information

I133 Sch. 3 para. 42 in force at 11.3.2026, see reg. 1(2)

Notifications to patients following a variation of the contract E+W

43.  Where the contract is varied in accordance with Part 8 of this Schedule and, as a result of that variation there are changes in the range of services provided by the contractor, the contractor must ensure that, at least 28 clear days before that change is due to take effect, there is displayed in a prominent position in its practice premises, in a part to which patients have access, written details of that change.

Commencement Information

I134 Sch. 3 para. 43 in force at 11.3.2026, see reg. 1(2)

Entry and inspection by the Local Health Board E+W

44.—(1) Subject to the conditions in sub-paragraph (2) the contractor must allow persons authorised in writing by the Local Health Board to enter and inspect the practice premises at any reasonable time.

(2) The conditions referred to in sub-paragraph (1) are that—

(a) reasonable notice of the intended entry has been given,

(b) written evidence of the authority of the person seeking entry is produced to the contractor on request, and

(c) entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.

(3) In this paragraph “premises” includes a mobile surgery.

Commencement Information

I135 Sch. 3 para. 44 in force at 11.3.2026, see reg. 1(2)

Entry and inspection by the Welsh Ministers E+W

45.  The contractor must allow persons authorised by the Welsh Ministers to enter and inspect premises in accordance with section 72 of the Health and Social Care (Community Health and Standards) Act 2003(31) (right of entry).

Commencement Information

I136 Sch. 3 para. 45 in force at 11.3.2026, see reg. 1(2)

PART 6 E+W CONCERNS

Concerns E+W

46.—(1) The contractor must establish and operate arrangements which meet the requirements of the 2011 Regulations(32) to deal with any concerns notified about any matter reasonably connected with the provision of services under the contract.

(2) The following matters are excluded from consideration under the arrangement under sub-paragraph (1)—

(a) a concern which is resolved to the satisfaction of the person who notified the concern not later than the next working day after the day on which the concern was notified;

(b) a concern which is being or has been investigated by the Public Services Ombudsman for Wales;

(c) a concern the subject matter of which is, or becomes, the subject of civil proceedings (including the pre-action stage of those proceedings);

(d) a concern the subject matter of which has previously been considered in accordance with arrangements made under the 2011 Regulations or any relevant complaints procedure;

(e) a concern arising out of an alleged failure to comply with a request for information under the Freedom of Information Act 2000(33).

(3) Where the contractor decides that a concern is excluded, it must as soon as reasonably practicable notify in writing the person who notified the concern of its decision and the reason for its decision (except in relation to matters resolved by the next working day).

Commencement Information

I137 Sch. 3 para. 46 in force at 11.3.2026, see reg. 1(2)

Notification of concerns E+W

47.—(1) A concern may be notified by—

(a) a patient or former patient who is receiving or has received services under the contract,

(b) any person who is affected, or likely to be affected by the action, omission or decision of the contractor, or

(c) a representative acting on behalf of a person mentioned in sub-paragraph (a) who—

(i) has died,

(ii) is a child,

(iii) is unable to notify the concern themselves because they lack capacity within the meaning of the Mental Capacity Act 2005(34), or

(iv) has requested the representative to act on their behalf.

(2) In this Part, reference to a representative where the patient is a child, includes—

(a) a parent,

(b) a person duly authorised by a local authority who is responsible for the child, or

(c) a person duly authorised by a voluntary organisation by which the child is being accommodated.

(3) Where a patient has died, a concern may be notified by a relative or other adult person who had an interest in their welfare or, where the patient falls within sub-paragraph (2)(a)(ii) or (iii) by the local authority or voluntary organisation respectively.

Commencement Information

I138 Sch. 3 para. 47 in force at 11.3.2026, see reg. 1(2)

Period for notifying concerns E+W

48.—(1) A concern must be notified within 12 months after—

(a) the date on which the matter which is the subject of the concern occurred, or

(b) if later, the date on which the matter came to the notice of the person notifying the concern.

(2) The 12 month time limit in sub-paragraph (1) does not apply if the person nominated in accordance with paragraph 49(2)(a), below, is satisfied that—

(a) the person had good reasons for not notifying the concern within that time limit, and

(b) it is still possible to investigate the concern effectively and fairly.

(3) A concern may not be notified 3 or more years after—

(a) the date the matter occurred, or

(b) if later, 3 or more years from the date it came to the notice of the person notifying the concern.

Commencement Information

I139 Sch. 3 para. 48 in force at 11.3.2026, see reg. 1(2)

Further requirements for concerns procedures E+W

49.—(1) A concerns procedure arranged in accordance with paragraph 46 must also comply with the requirements set out in sub-paragraphs (2) to (6).

(2) The contractor must nominate—

(a) a person (who need not be connected with the contractor and who, in the case of an individual, may be specified by their job title) to be responsible for the operation of the concerns procedure and the investigation of concerns, and

(b) a partner, or other senior person associated with the contractor, to be responsible for the effective management of the concerns procedure and for ensuring that action is taken in the light of the outcome of any investigation.

(3) A concern may be notified—

(a) in writing,

(b) electronically, or

(c) verbally, either by telephone or in person, to any member of the staff of the contractor.

(4) Where a concern is notified verbally, the member of staff to whom the concern has been notified must make a written record of the concern and provide a copy of the written record to the person who notified the concern within 5 working days.

(5) A concern must be—

(a) acknowledged in writing within the period of 5 working days beginning with the day on which the concern was notified in accordance with sub-paragraph (3) or, where that is not possible, as soon as reasonably practicable, and

(b) properly investigated.

(6) Within the period of 30 working days beginning with the day on which the concern was received by the person specified under sub-paragraph (2)(a) or, where that is not possible, as soon as reasonably practicable, the person who notified the concern must be given a written summary of the investigation and its conclusions.

(7) If the contractor is unable to provide a written summary within 30 working days, it must notify the person who notified the concern accordingly and explain the reason why, and send the response as soon as reasonably practicable and within 6 months beginning with the day upon which it received notification of the concern.

(8) At the time it acknowledges notification of a concern, the contractor must offer to discuss with the person who notified the concern—

(a) the way in which the investigation must be handled, including any requirement for consent to use medical records,

(b) the availability of advocacy and support services, and

(c) the period within which the investigation is likely to be completed, and the response is likely to be sent.

(9) If the person who notifies the concern does not accept the offer of a discussion under sub-paragraph (8), the contractor must consider and make a decision upon the matters set out in sub-paragraphs (8)(a) to (c) and write to the person accordingly.

(10) Where the investigation of the concern requires consideration of the patient’s dental records, the person specified in sub-paragraph (2)(a) must inform the patient or person acting on their behalf if the investigation involves disclosure of information contained in those records to a person other than the contractor or an employee of the contractor.

(11) The contractor must keep a record of all concerns and copies of all correspondence relating to concerns for a period of at least 7 years from the date on which such concerns were notified, but such records must be kept separate from the patients’ dental records.

Commencement Information

I140 Sch. 3 para. 49 in force at 11.3.2026, see reg. 1(2)

Co-operation with investigations E+W

50.—(1) The contractor must co-operate with—

(a) any investigation of a concern notified in accordance with the 2011 Regulations in relation to any matter reasonably connected with the provision of services under the contract carried out by—

(i) the Local Health Board,

(ii) the Welsh Ministers, or

(iii) the Public Services Ombudsman for Wales,

(b) any investigation of a concern notified in accordance with the 2011 Regulations by an NHS body or local authority which relates to a patient or former patient of the contractor.

(2) The co-operation required by sub-paragraph (1) includes—

(a) answering questions reasonably put to the contractor by the investigator,

(b) providing any information relating to the concern notified in accordance with the 2011 Regulations reasonably required by the investigator, and

(c) attending any meeting to consider the concern notified in accordance with the 2011 Regulations (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given) if the contractor’s presence at the meeting is reasonably required by the investigator.

(3) The contractor must inform the Local Health Board, at such intervals as the Local Health Board requires, of the number of concerns it has received under the procedure established in accordance with this Part.

(4) In this paragraph—

“investigator” means the bodies set out in sub-paragraph (1) or their authorised representative;

“local authority” means—

(a)

a county council or county borough council in Wales,

(b)

any of the bodies listed in section 1 of the Local Authority Social Services Act 1970(35) (local authorities),

(c)

the Council of the Isles of Scilly, or

(d)

a council constituted under section 2 of the Local Government etc, (Scotland) Act 1994(36) (constitution of councils);

“NHS body” means a Local Health Board, an NHS trust, an NHS foundation trust, an integrated care board, NHS England or an equivalent body constituted in Scotland or Northern Ireland.

Commencement Information

I141 Sch. 3 para. 50 in force at 11.3.2026, see reg. 1(2)

Withdrawal of concerns E+W

51.—(1) A concern may be withdrawn at any time by the person who notified it.

(2) A person may notify a withdrawal—

(a) in writing,

(b) electronically, or

(c) verbally (by telephone or in person).

(3) The contractor must write to the person who has withdrawn a concern verbally to confirm the verbal withdrawal as soon as practicable.

(4) Where a concern has been withdrawn, the contractor may nevertheless continue to investigate any issues raised if it considers it necessary to do so.

Commencement Information

I142 Sch. 3 para. 51 in force at 11.3.2026, see reg. 1(2)

PART 7 E+W DISPUTE RESOLUTION

Local resolution of contract disputes E+W

52.  In the case of any dispute arising out of or in connection with the contract, the contractor and the Local Health Board must make every reasonable effort to communicate and co-operate with each other with a view to resolving the dispute, before referring the dispute for determination in accordance with the NHS dispute resolution procedure set out in paragraph 53 or 54 (or, where applicable, before commencing court proceedings).

Commencement Information

I143 Sch. 3 para. 52 in force at 11.3.2026, see reg. 1(2)

Dispute resolution: non-NHS contracts E+W

53.—(1) In the case of a contract that is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the procedures for notifying concerns pursuant to Parts 6 of this Schedule, may be referred for consideration and determination to the Welsh Ministers—

(a) if it relates to a period when the contractor was a health service body, by the contractor or by the Local Health Board, or

(b) in any other case, by the contractor or, if the contractor agrees in writing, by the Local Health Board.

(2) In the case of a dispute referred to the Welsh Ministers under sub-paragraph (1)—

(a) the procedure to be followed is the NHS dispute resolution procedure, and

(b) the parties agree to be bound by any determination made by the adjudicator.

Commencement Information

I144 Sch. 3 para. 53 in force at 11.3.2026, see reg. 1(2)

NHS dispute resolution procedure E+W

54.—(1) The procedure specified in the following sub-paragraphs and paragraph 53 applies in the case of any dispute arising out of or in connection with the contract which is referred to the Welsh Ministers—

(a) in accordance with section 7(6) of the 2006 Act (where the contract is an NHS contract), or

(b) in accordance with paragraph 55 (where the contract is not an NHS contract).

(2) Any party wishing to refer a dispute as mentioned in sub-paragraph (1) must send to the Welsh Ministers a written request for dispute resolution which must include or be accompanied by—

(a) the names and addresses of the parties to the dispute,

(b) a copy of the contract, and

(c) a brief statement describing the nature and circumstances of the dispute.

(3) Any party wishing to refer a dispute as mentioned in sub-paragraph (1) must send the request under sub-paragraph (2) within a period of 3 years beginning with the date on which the matter giving rise to the dispute happened or should reasonably have come to the attention of the party wishing to refer the dispute.

(4) Where the dispute relates to a contract which is not an NHS contract, the Welsh Ministers may decide the matter itself or, if they consider it appropriate, appoint a person or persons to consider and decide it.

(5) Before reaching a decision as to who should decide the dispute, either under sub-paragraph (4) or under section 7(8) of the 2006 Act, the Welsh Ministers must, within the period of 7 clear days beginning with the date on which a matter was referred to them, send a written request to the parties to make in writing, within a specified period, any representations which they may wish to make about the matter.

(6) The Welsh Ministers must give, with the notice given under sub-paragraph (5), to the party other than the one which referred the matter to dispute resolution a copy of any document by which the matter was referred for dispute resolution.

(7) The Welsh Ministers must give a copy of any representations received from a party to the other party and must in each case request (in writing) a party to whom a copy of the representations is given to make within a specified period any written observations which it wishes to make on those representations.

(8) Following receipt of any representations from the parties or, if earlier, at the end of the period for making such representations specified in the request sent under sub-paragraph (5) or (7), the Welsh Ministers must, if they decide to appoint a person or persons to hear the dispute—

(a) inform the parties in writing of the name of the person or persons whom it has appointed, and

(b) pass to the person or persons so appointed any documents received from the parties under or pursuant to paragraph (2), (5) or (7).

(9) For the purpose of assisting the adjudicator in the consideration of the matter, the adjudicator may—

(a) invite representatives of the parties to appear before the adjudicator to make oral representations either together or, with the agreement of the parties, separately, and may in advance provide the parties with a list of matters or questions to which the adjudicator wishes them to give special consideration, or

(b) consult other persons whose expertise the adjudicator considers would assist in the consideration of the matter.

(10) Where the adjudicator consults another person under sub-paragraph (9)(b), the adjudicator must notify the parties accordingly in writing and, where the adjudicator considers that the interests of any party might be substantially affected by the result of the consultation, the adjudicator must give to the parties such opportunity as the adjudicator considers reasonable in the circumstances to make observations on those results.

(11) In considering the matter, the adjudicator must consider—

(a) any written representations made in response to a request under sub-paragraph (5), but only if they are made within the specified period,

(b) any written observations made in response to a request under sub-paragraph (7), but only if they are made within the specified period,

(c) any oral representations made in response to an invitation under sub-paragraph (9)(a),

(d) the results of any consultation under sub-paragraph (9)(b), and

(e) any observations made in accordance with an opportunity given under sub-paragraph (10).

(12) In this paragraph, “specified period” means such period as the Welsh Ministers specify in the request, being not less than 2, nor more than 4, weeks beginning with the date on which the notice referred to is given, but the Welsh Ministers may, if they consider that there is good reason for doing so, extend any such period (even after it has expired) and, where they do so, a reference in this paragraph to the specified period is the period as so extended.

(13) Subject to the other provisions of this paragraph and paragraph 57, the adjudicator has wide discretion in determining the procedure of the dispute resolution to ensure the just, expeditious, economical and final determination of the dispute.

Commencement Information

I145 Sch. 3 para. 54 in force at 11.3.2026, see reg. 1(2)

Determination of dispute E+W

55.—(1) The adjudicator must record the determination and the reasons for it, in writing and give notice of the determination (including the record of the reasons) to the parties.

(2) In the case of a contract referred for determination in accordance with paragraph 54(1), section 7(12) of the 2006 Act applies as that subsection applies in the case of a contract referred for determination in accordance with section 7(6) of the 2006 Act.

Commencement Information

I146 Sch. 3 para. 55 in force at 11.3.2026, see reg. 1(2)

Interpretation of Part 7 E+W

56.—(1) In this Part, reference to any dispute arising out of or in connection with the contract includes any dispute arising out of or in connection with the termination of the contract.

(2) Any term of the contract that makes provision in respect of the requirements in this Part survive even where the contract has ended.

Commencement Information

I147 Sch. 3 para. 56 in force at 11.3.2026, see reg. 1(2)

PART 8 E+W VARIATION AND TERMINATION OF CONTRACTS

Variation of a contract: general E+W

57.—(1) Subject to sub-paragraph (2) and paragraphs 58(6), 59(6) and 71, no amendment or variation has effect unless it is in writing and signed by or on behalf of the Local Health Board and the contractor.

(2) In addition to the specific provision made in paragraphs 58(6), 59(6) and 71, the Local Health Board may vary the contract without the contractor’s consent where it—

(a) is reasonably satisfied that it is necessary to vary the contract so as to comply with the 2006 Act, any regulations made pursuant to that Act, or any direction given by the Welsh Ministers pursuant to that Act, and

(b) notifies the contractor in writing of the wording of the proposed variation and the date upon which that variation takes effect.

(3) Where it is reasonably practicable to do so, the date that the proposed variation takes effect must be not less than 14 clear days after the date on which the notice under sub-paragraph (2)(b) is served on the contractor.

Commencement Information

I148 Sch. 3 para. 57 in force at 11.3.2026, see reg. 1(2)

Variation provisions specific to a contract with an individual dental practitioner E+W

58.—(1) If a contractor which is an individual dental practitioner proposes to practise in partnership with one or more persons during the existence of the contract, the contractor must notify the Local Health Board in writing of—

(a) the name of the person or persons with whom it proposes to practise in partnership, and

(b) the date on which the contractor wishes to change its status as a contractor from that of an individual dental practitioner to that of a partnership, which must be not less than 28 clear days after the date upon which it has served the notice on the Local Health Board pursuant to this sub-paragraph.

(2) A notice under sub-paragraph (1) must, in respect of the person or each of the persons with whom the contractor is proposing to practise in partnership, and also in respect of itself as regards the matters specified in sub-paragraph (c)—

(a) confirm that they are either—

(i) a dental practitioner, or

(ii) a person who satisfies the conditions specified in section 59 of the 2006 Act,

(b) confirm that they are a person who satisfies the conditions imposed by regulation 4, and

(c) state whether or not it is a limited partnership, and if so, who the limited and who the general partners are,

and the notice must be signed by the individual dental practitioner and by the person, or each of the persons (as the case may be), with whom they are proposing to practise in partnership.

(3) The contractor must ensure that any person who practises in partnership with it is bound by the contract, whether by virtue of a partnership deed or otherwise.

(4) If the Local Health Board is satisfied as to the accuracy of the matters specified in sub-paragraph (2) that are included in the notice, the Local Health Board must give notice in writing within 14 clear days to the contractor confirming that the contract continues with the partnership entered into by the contractor and its partners, from a date that the Local Health Board specifies in that notice.

(5) Where it is reasonably practicable, the date specified by the Local Health Board pursuant to sub-paragraph (4) must be the date requested in the notice served by the contractor pursuant to sub-paragraph (1), or, where that date is not reasonably practicable, the date specified must be a date after the requested date that is as close to the requested date as is reasonably practicable.

(6) Where a contractor has given notice to the Local Health Board pursuant to sub-paragraph (1), the Local Health Board—

(a) may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from an individual dental practitioner to a partnership, and

(b) if it does propose to so vary the contract, it must include in the notice served on the contractor pursuant to sub-paragraph (4) the wording of the proposed variation and the date upon which that variation takes effect.

Commencement Information

I149 Sch. 3 para. 58 in force at 11.3.2026, see reg. 1(2)

Variation provisions specific to a contract with two or more individuals practising in partnership E+W

59.—(1) Subject to sub-paragraph (4) and in accordance with sub-paragraph (2), where a contractor consists of two or more individuals practising in partnership in the event that the partnership is ended or dissolved, the contract may only continue with one of the former partners if that partner is—

(a) nominated in accordance with sub-paragraph (3), and

(b) a dental practitioner.

(2) A contractor must notify the Local Health Board in writing at least 28 clear days in advance of the date on which the contractor proposes to change its status from that of a partnership to that of an individual dental practitioner pursuant to sub-paragraph (1).

(3) A notice under sub-paragraph (2) must—

(a) specify the date on which the contractor proposes to change its status from that of a partnership to that of an individual dental practitioner,

(b) nominate the dental practitioner with whom the contract continues, who must be one of the existing partners, and

(c) be signed by all of the persons who are practising in partnership.

(4) If a partnership is ended or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, sub-paragraphs (1) to (3) do not apply and—

(a) the contract continues with the individual who has not died only if that individual is a dental practitioner, and

(b) that individual must in any event notify the Local Health Board in writing as soon as is reasonably practicable of the death of their partner.

(5) When the Local Health Board receives a notice pursuant to sub-paragraph (2) or (4)(b), it must acknowledge receipt of the notice in writing, and in relation to a notice served pursuant to sub-paragraph (2), the Local Health Board must do so before the date specified pursuant to sub-paragraph (3)(a).

(6) Where a contractor gives notice to the Local Health Board pursuant to sub-paragraph (2) or (4)(b), the Local Health Board may vary the contract but only to the extent that it is satisfied is necessary to reflect the change in status of the contractor from a partnership to an individual dental practitioner.

(7) If the Local Health Board varies the contract pursuant to sub-paragraph (6), it must notify the contractor in writing of the wording of the proposed variation and the date upon which that variation takes effect.

Commencement Information

I150 Sch. 3 para. 59 in force at 11.3.2026, see reg. 1(2)

Termination by agreement E+W

60.  The Local Health Board and the contractor may agree in writing to terminate the contract, and if the parties so agree, they must agree the date upon which that termination should take effect and any further terms upon which the contract should be terminated.

Commencement Information

I151 Sch. 3 para. 60 in force at 11.3.2026, see reg. 1(2)

Termination on the death of an individual dental practitioner E+W

61.—(1) Where the contract is with an individual dental practitioner and that dental practitioner dies, the contract terminates at the end of the period of 28 days after the date of their death unless, before the end of that period—

(a) subject to sub-paragraph (2), the Local Health Board has agreed in writing with the contractor’s personal representatives that the contract should continue for a further period, not exceeding 6 months after the end of the period of 28 clear days, and

(b) the contractor’s personal representatives have confirmed in writing to the Local Health Board that they are employing or engaging one or more dental practitioners to assist in the provision of dental services under the contract throughout the period for which it continues.

(2) Where the Local Health Board is of the opinion that another contractor may wish to enter into a contract in respect of the mandatory services which were provided by the deceased dental practitioner, the six month period referred to in sub-paragraph (1)(a) may be extended by a period not exceeding 6 months as may be agreed between the Local Health Board and the deceased contractor’s personal representatives.

(3) Sub-paragraph (1) does not affect any other rights to terminate the contract which the Local Health Board may have under paragraph 60 and paragraphs 62 to 70.

Commencement Information

I152 Sch. 3 para. 61 in force at 11.3.2026, see reg. 1(2)

Termination by the contractor E+W

62.—(1) A contractor may terminate the contract by serving notice in writing on the Local Health Board at any time.

(2) Where a contractor serves notice pursuant to sub-paragraph (1), the contract terminates on a date 6 months after the date on which the notice is served (“the termination date”), but if the termination date is not the last calendar day of a month, the contract instead terminates on the last calendar day of the month in which the termination date falls.

(3) This paragraph and paragraph 63 are without prejudice to any other rights to terminate the contract that the contractor may have.

Commencement Information

I153 Sch. 3 para. 62 in force at 11.3.2026, see reg. 1(2)

Late payment notices E+W

63.—(1) The contractor may give notice in writing (a “ late payment notice”) to the Local Health Board if the Local Health Board has failed to make any payments due to the contractor in accordance with a term of the contract that has the effect specified in regulation 30 (finance), and the contractor must specify in the late payment notice the payments that the Local Health Board has failed to make in accordance with that regulation.

(2) Subject to sub-paragraph (3), the contractor may, at least 28 clear days after having served a late payment notice, terminate the contract by a further written notice if the Local Health Board has still failed to make the payments that were due to the contractor and that were specified in the late payment notice served on the Local Health Board pursuant to sub-paragraph (1).

(3) If, following receipt of a late payment notice, the Local Health Board refers the matter to the NHS dispute resolution procedure within 28 clear days of the date upon which it is served with the late payment notice, and it notifies the contractor in writing that it has done so within that period of time, the contractor may not terminate the contract pursuant to sub-paragraph (2) until—

(a) there has been a determination of the dispute pursuant to paragraph 55 and that determination permits the contractor to terminate the contract, or

(b) the Local Health Board ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

Commencement Information

I154 Sch. 3 para. 63 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board: general E+W

64.  The Local Health Board may only terminate the contract in accordance with the provisions in this Part.

Commencement Information

I155 Sch. 3 para. 64 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board: no longer eligible to enter into and breach of conditions of the contract E+W

65.—(1) Subject to sub-paragraph (2), the Local Health Board must serve notice in writing on the contractor terminating the contract immediately if—

(a) the contract was entered into pursuant to section 59 of the 2006 Act (persons eligible to enter into GDS contracts, and

(b) the contractor is no longer a dental practitioner.

(2) Where a contractor ceases to be a dental practitioner by virtue of a suspension specified in sub-paragraph (6), sub-paragraph (1) does not apply unless—

(a) the contractor is unable to satisfy the Local Health Board that it has in place adequate arrangements for the provision of dental services under the contract for so long as the suspension continues, or

(b) the Local Health Board is satisfied that the circumstances of the suspension are such that if the contract is not terminated immediately—

(i) the safety of the contractor’s patients is at risk, or

(ii) the Local Health Board is at risk of material financial loss.

(3) Except in a case to which paragraph 59(4) applies, where the contractor is two or more persons practising in partnership and the conditions prescribed in section 59 of the 2006 Act are no longer satisfied, the Local Health Board must—

(a) serve notice in writing on the contractor terminating the contract immediately, or

(b) serve notice in writing on the contractor confirming that the Local Health Board intends to allow the contract to continue for a period specified by the Local Health Board in accordance with sub-paragraph (4) (the “interim period”) if the Local Health Board is satisfied that the contractor has in place adequate arrangements for the provision of dental services for the interim period.

(4) The period specified by the Local Health Board under sub-paragraph (3)(b) must not exceed—

(a) 6 months, or

(b) in a case where the failure of the contractor to continue to satisfy the condition in section 59 of the 2006 Act is the result of a suspension referred to in sub-paragraph (6), the period for which that suspension continues.

(5) Where the contract was entered into pursuant to section 59 of the 2006 Act, but the contractor ceases to be a dental corporation, the Local Health Board must serve notice in writing on the contractor terminating the contract immediately.

(6) The suspensions referred to in sub-paragraphs (2) and (4)(b) are—

(a)

suspension by a Practice Committee under section 27B or 27C of the 1984 Act, except under section 27C(1)(d) (indefinite suspension), following a relevant determination,

(b)

suspension by a Practice Committee under section 30(1) of the 1984 Act (orders for immediate suspension and immediate conditional registration), or

(c)

suspension by a Practice Committee under section 32 of the 1984 Act (interim orders).

(7) For the purposes of sub-paragraph (6)(i), a “relevant determination” is a determination that a person’s fitness to practise is impaired based solely on the ground mentioned in—

(a) section 27(2)(b) of the 1984 Act (deficient professional performance), or

(b) section 27(2)(c) of the 1984 Act (adverse physical or mental health).

Commencement Information

I156 Sch. 3 para. 65 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board for the provision of untrue etc. information E+W

66.  The Local Health Board may serve notice in writing on the contractor terminating the contract immediately, or from such date as may be specified in the notice if, after the contract has been entered into, it comes to the attention of the Local Health Board that written information provided to the Local Health Board by the contractor—

(a) before the contract was entered into, or

(b) pursuant to paragraph 42(2),

in relation to the conditions set out in regulation 4 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.

Commencement Information

I157 Sch. 3 para. 66 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board on grounds of suitability etc. E+W

67.—(1) The Local Health Board may serve notice in writing on the contractor terminating the contract immediately, or from such date as may be specified in the notice if —

(a) in the case of a contract with a dental practitioner, that dental practitioner,

(b) in the case of a contract with two or more individuals practising in partnership, any individual or the partnership, and

(c) in the case of a contract with a dental corporation—

(i) the corporation, or

(ii) any director, chief executive or company secretary of the corporation,

falls within sub-paragraph (2) during the existence of the contract or on or after the date on which a notice in respect of their compliance with the conditions in regulation 4 was given under paragraph 42(2) if this was later.

(2) A person falls within this sub-paragraph if—

(a) they are the subject of a national disqualification,

(b) subject to sub-paragraph (3), they are disqualified or suspended (except by any interim suspension order or interim direction made pending the outcome of an investigation, or any suspension imposed on the grounds of ill‑health.”) from practising by any licensing body anywhere in the world,

(c) subject to sub-paragraph (4), they have been dismissed (except for by reason of redundancy) from any employment by a health service body unless before the Local Health Board has served a notice terminating the contract pursuant to this paragraph, they are employed by the health service body that dismissed them or by another health service body,

(d) they have been removed from, or refused admission to, a dental or medical performers list by reason of inefficiency, fraud or unsuitability unless their name has later been included in such a list,

(e) they have been convicted in the United Kingdom of—

(i) murder, or

(ii) a criminal offence other than murder, committed on or after 26 August 2002, and have been sentenced to a term of imprisonment of over 6 months,

(f) subject to sub-paragraph (5), they have been convicted outside the United Kingdom of an offence—

(i) which would, if committed in England and Wales, constitute murder, or

(ii) committed on or after 26 August 2002, which would if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over 6 months,

(g) they have been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of this Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (offences against children under the age of 17 years to which special provisions apply),

(h) they have—

(i) been made bankrupt or had sequestration of their estate awarded or they are a person in relation to whom a moratorium period under debt relief order (under Part 7A of the 1986 Act) applies unless they have been discharged from the bankruptcy or sequestration or the bankruptcy order has been annulled,

(ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB, to the 1986 Act, unless that order has ceased to have effect or has been annulled,

(iii) made a composition or arrangement with, or granted a trust deed for their creditors unless they have been discharged in respect of it, or

(iv) been wound up under Part IV of the 1986 Act,

(i) there is—

(i) an administrator, administrative receiver or receiver appointed in respect of it, or

(ii) an administration order made in respect of it under Schedule B1 to the 1986 Act,

(j) that person is a partnership and—

(i) a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator, or

(ii) an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership,

(k) they have been—

(i) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which they were responsible or to which they were privy, or which, by their conduct, contributed to or facilitated, or

(ii) disqualified under section 69B of the Charities and Trustee Investment (Scotland) Act 2005 (disqualification from holding office with senior management functions), from being concerned in the management or control of any body,

(l) they are subject to a disqualification order under the Company Directors Disqualification Act 1986(37), the Companies (Northern Ireland) Order 1986(38) or to an order made under section 429(2)(b) of the 1986 Act (failure to pay under county court administration order), or

(m) they have refused to comply with a request by the Local Health Board for them to be medically examined on the grounds that it is concerned that they are incapable of adequately providing services under the contract and, in a case where the contract is with two or more individuals practising in partnership or with a dental corporation, the Local Health Board is not satisfied that the contractor is taking adequate steps to deal with the matter.

(3) A Local Health Board must not terminate the contract pursuant to sub-paragraph (2)(b) where the Local Health Board is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be—

(a) a contractor,

(b) a partner, in the case of a contract with two or more individuals practising in partnership, or

(c) in the case of a contract with a dental corporation, a director, chief executive or company secretary of the corporation.

(4) A Local Health Board must not terminate the contract pursuant to sub-paragraph (2)(c)—

(a) until a period of at least 3 months has elapsed since the date of the dismissal of the person concerned, or

(b) if, during the period of time specified in paragraph (a), the person concerned brings proceedings in any competent tribunal or court in respect of their dismissal, until proceedings before that tribunal or court are concluded,

and the Local Health Board may only terminate the contract at the end of the period specified in paragraph (b) if there is no finding of unfair dismissal at the end of those proceedings.

(5) A Local Health Board must not terminate the contract pursuant to sub-paragraph (2)(f) where the Local Health Board is satisfied that the conviction does not make the person unsuitable to be—

(a) a contractor,

(b) a partner, in the case of a contract with two or more individuals practising in partnership, or

(c) in the case of a contract with a dental corporation, a director, chief executive or company secretary of the corporation,

as the case may be.

(6) In this paragraph “health service body” includes the bodies known at the relevant time as a Strategic Health Authority, a Primary Care Trust, a Clinical Commissioning Group and an Integrated Care System.

Commencement Information

I158 Sch. 3 para. 67 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board: patient safety and material financial loss E+W

68.  The Local Health Board may serve notice in writing on the contractor terminating the contract immediately or with effect from such date as may be specified in the notice if—

(a) the contractor has breached the contract and as a result of that breach, the safety of the contractor’s patients is at risk if the contract is not terminated, or

(b) the contractor’s financial situation is such that the Local Health Board considers that the Local Health Board is at risk of material financial loss.

Commencement Information

I159 Sch. 3 para. 68 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board: remedial notices and breach of contract notices E+W

69.—(1) Where a contractor has breached the contract other than as specified in paragraphs 66 to 68 and the breach is capable of remedy, the Local Health Board must, before taking any action it is otherwise entitled to take by virtue of the contract, serve a notice on the contractor requiring it to remedy the breach (“ remedial notice”).

(2) A remedial notice must specify—

(a) details of the breach,

(b) the steps the contractor must take to the satisfaction of the Local Health Board in order to remedy the breach, and

(c) the period during which the steps must be taken (“the notice period”).

(3) The notice period must be no less than 28 clear days from the date that notice is given, unless the Local Health Board is satisfied that a shorter period is necessary to—

(a) protect the safety of the contractor’s patients, or

(b) protect itself from material financial loss.

(4) Where a Local Health Board is satisfied that the contractor has not taken the required steps to remedy the breach by the end of the notice period, the Local Health Board may terminate the contract with effect from such date as the Local Health Board may specify in a further notice to the contractor.

(5) Where a contractor has breached the contract other than as specified in paragraphs 66 to 68 and the breach is not capable of remedy, the Local Health Board may serve written notice on the contractor requiring the contractor not to repeat the breach (“breach of contract notice”).

(6) The Local Health Board may serve notice on the contractor terminating the contract with effect from such date as may be specified in that notice if, following a breach of contract notice or a remedial notice, the contractor—

(a) repeats the breach that was the subject of the breach of contract notice or the remedial notice, or

(b) otherwise breaches the contract resulting in either a remedial notice or a further breach of contract notice.

(7) The Local Health Board must not exercise its right to terminate the contract under sub-paragraph (6) unless it is satisfied that the cumulative effect of the breaches is such that the Local Health Board considers that to allow the contract to continue would be prejudicial to the efficiency of the services to be provided under the contract.

(8) If the contractor is in breach of any obligation and a breach of contract notice or a remedial notice in respect of that default has been given to the contractor, the Local Health Board may withhold or deduct monies which would otherwise be payable under the contract in respect of that obligation which is the subject of the breach.

Commencement Information

I160 Sch. 3 para. 69 in force at 11.3.2026, see reg. 1(2)

Termination by the Local Health Board: additional provisions specific to contracts with two or more individuals practising in partnership and dental corporations E+W

70.—(1) Where the contractor is a dental corporation, if the Local Health Board becomes aware that the contractor is carrying on any business which the Local Health Board considers to be detrimental to the contractor’s performance of its obligations under the contract—

(a) the Local Health Board is entitled to give notice to the contractor requiring that it ceases carrying on that business before the end of a period of not less than 28 clear days beginning with the day on which the notice is given (“the notice period”), and

(b) if the contractor has not satisfied the Local Health Board that it has ceased carrying on that business by the end of the notice period, the Local Health Board may, by a further written notice, terminate the contract immediately or from such date as may be specified in the notice.

(2) Where the contractor is a dental corporation and on or after the coming into force for all purposes of article 39 of the 2005 Order during the existence of the contract—

(a) the majority of the directors of the dental corporation cease to be either dental practitioners or dental care professionals,

(b) the dental corporation has been convicted of an offence under section 43(1) of the 1984 Act (directors of bodies corporate), or

(c) the dental corporation, or a director or former director of that corporation, has had a financial penalty imposed on it or them by the General Dental Council pursuant to section 43B (financial penalties in relation to bodies corporate) or 44 (further financial penalties on bodies corporate) of the 1984 Act,

the Local Health Board may, by written notice, terminate the contract if it considers that as a consequence the dental corporation is no longer suitable to be a contractor.

(3) Where the contractor is two or more persons practising in partnership, the Local Health Board is entitled to terminate the contract by notice in writing on such date as may be specified in that notice where one or more partners have left the practice during the existence of the contract if, in its reasonable opinion, the Local Health Board considers that the change in membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Local Health Board to perform its obligations under the contract.

(4) A notice given to the contractor pursuant to sub-paragraph (3) must specify—

(a) the date upon which the contract terminates, and

(b) the Local Health Board’s reasons for considering that the change in the membership of the partnership is likely to have a serious adverse impact on the ability of the contractor or the Local Health Board to perform its obligations under the contract.

Commencement Information

I161 Sch. 3 para. 70 in force at 11.3.2026, see reg. 1(2)

Contract sanctions E+W

71.—(1) In this paragraph and paragraph 72, “ contract sanction” means—

(a) termination of specified reciprocal obligations under the contract,

(b) suspension of specified reciprocal obligations under the contract for a period of up to six months, or

(c) withholding or deducting monies otherwise payable under the contract.

(2) Where the Local Health Board is entitled to terminate the contract pursuant to paragraph 66, 67, 68, 69(4), 69(6) or 70, it may instead impose any of the contract sanctions if the Local Health Board is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to the Local Health Board’s entitlement to terminate the contract.

(3) The Local Health Board is not, under sub-paragraph (2), entitled to impose any contract sanction that has the effect of terminating or suspending any obligation to provide, or any obligation that relates to, mandatory services.

(4) If the Local Health Board decides to impose a contract sanction, it must notify the contractor of the contract sanction that it proposes to impose, the date upon which that sanction is intended to be imposed and provide in that notice an explanation of the effect of the imposition of that sanction.

(5) Subject to paragraph 72, the Local Health Board must not impose the contract sanction until at least 28 clear days after it has served notice on the contractor pursuant to sub-paragraph (4) unless the Local Health Board is satisfied that it is necessary to do so in order to—

(a) protect the safety of the contractor’s patients, or

(b) protect itself from material financial loss.

(6) Where the Local Health Board imposes a contract sanction, the Local Health Board is entitled to charge the contractor the reasonable costs of additional administration that the Local Health Board has incurred in order to impose, or as a result of imposing, the contract sanction.

Commencement Information

I162 Sch. 3 para. 71 in force at 11.3.2026, see reg. 1(2)

Contract sanctions and the NHS dispute resolution procedure E+W

72.—(1) If there is a dispute between the Local Health Board and the contractor in relation to a contract sanction that the Local Health Board is proposing to impose, the Local Health Board must not, subject to sub-paragraph (4), impose the proposed contract sanction except in the circumstances specified in sub-paragraph (2).

(2) If the contractor refers the dispute relating to the contract sanction to the NHS dispute resolution procedure within 28 clear days beginning with the date on which the Local Health Board served notice on the contractor in accordance with paragraph 71(4) (or such longer period as may be agreed in writing with the Local Health Board), and notifies the Local Health Board in writing that it has done so, the Local Health Board must not impose the contract sanction unless—

(a) there has been a determination of the dispute pursuant to paragraph 55 and that determination permits the Local Health Board to impose the contract sanction, or

(b) the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(3) If the contractor does not invoke the NHS dispute resolution procedure within the time specified in sub-paragraph (2), the Local Health Board is entitled to impose the contract sanction immediately.

(4) The Local Health Board is entitled to impose the contract sanction immediately, pending the outcome of the NHS dispute resolution procedure, if the Local Health Board is satisfied that it is necessary to impose the contract sanction before the NHS dispute resolution procedure is concluded in order to—

(a) protect the safety of the contractor’s patients, or

(b) protect itself from material financial loss.

Commencement Information

I163 Sch. 3 para. 72 in force at 11.3.2026, see reg. 1(2)

Termination and the NHS dispute resolution procedure E+W

73.—(1) Where the Local Health Board is entitled to serve written notice on the contractor terminating the contract pursuant to paragraph 66, 67, 68, 69(4), 69(6) or 70, the Local Health Board must, in the notice served on the contractor pursuant to those provisions, specify a date on which the contract terminates that is not less than 28 clear days after the date on which the Local Health Board has served that notice on the contractor unless sub-paragraph (2) applies.

(2) This sub-paragraph applies if the Local Health Board is satisfied that a period less than 28 clear days is necessary in order to—

(a) protect the safety of the contractor’s patients, or

(b) protect itself from material financial loss.

(3) In a case falling within sub-paragraph (1), where the exceptions in sub-paragraph (2) do not apply, where the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1), and it notifies the Local Health Board in writing that it has done so, the contract does not terminate at the end of the notice period but instead only terminates in the circumstances specified in sub-paragraph (4).

(4) The contract terminates if and when—

(a) there has been a determination of the dispute pursuant to paragraph 55 and that determination permits the Local Health Board to terminate the contract, or

(b) the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(5) If the Local Health Board is satisfied that it is necessary to terminate the contract before the NHS dispute resolution procedure is concluded in order to—

(a) protect the safety of the contractor’s patients, or

(b) protect itself from material financial loss,

sub-paragraphs (3) and (4) do not apply and the Local Health Board is entitled to confirm, by written notice to be served on the contractor, that the contract nevertheless terminates at the end of the period of the notice it served pursuant to paragraph 66, 67, 68, 69(4), 69(6) or 70.

Commencement Information

I164 Sch. 3 para. 73 in force at 11.3.2026, see reg. 1(2)

PART 9 E+W MISCELLANEOUS

Evidence of exemption under the 2006 Act E+W

74.—(1) Subject to sub-paragraph (2), the contractor must ensure that it requests, in respect of a person who makes a declaration relating to exemption under section 126 of the 2006 Act, evidence in support of that declaration.

(2) The contractor must ensure that—

(a) a note of the type of evidence submitted is made, or

(b) in the case where no evidence is submitted, a note of that fact is made.

(3) Sub-paragraphs (1) and (2) do not apply where the contractor is satisfied that the person in respect of whom the declaration is made is under the age of 18 years.

Commencement Information

I165 Sch. 3 para. 74 in force at 11.3.2026, see reg. 1(2)

Clinical governance arrangements E+W

75.—(1) The contractor must comply with such clinical governance arrangements as the Local Health Board may establish in respect of contractors providing services under a contract.

(2) The contractor must nominate a person who manages services under the contract to have responsibility for ensuring compliance with clinical governance arrangements.

(3) In this paragraph, “clinical governance arrangements” means arrangements through which the contractor endeavours to continuously improve the quality of its services and safeguard high standards of care by creating an environment in which clinical excellence can flourish.

Commencement Information

I166 Sch. 3 para. 75 in force at 11.3.2026, see reg. 1(2)

Quality assurance system E+W

76.—(1) The contractor must establish and operate a practice-based quality assurance system which is applicable to all the persons specified in sub-paragraph (2).

(2) The specified persons are—

(a) any dental practitioner who performs services under the contract;

(b) any other person employed or engaged by the contractor to perform or assist in the performance of services under the contract.

(3) A contractor must ensure that in respect of its practice based quality assurance system, it has nominated a person (who need not be connected with the contractor’s practice) to be responsible for operating that system.

(4) In this paragraph, “a practice based quality assurance system” means one which consists of a system to ensure that—

(a) effective measures of infection control are used,

(b) all legal requirements relating to health and safety in the workplace are satisfied,

(c) all legal requirements relating to radiological protection are satisfied,

(d) any requirements of the General Dental Council in respect of the continuing professional development of dental practitioners are satisfied, and

(e) an annual quality assurance self assessment is carried out as co-ordinated by the Dental Public Health Team of Public Health Wales.

Commencement Information

I167 Sch. 3 para. 76 in force at 11.3.2026, see reg. 1(2)

Insurance: negligent performance E+W

77.—(1) The contractor must at all times have in force in relation to it an indemnity arrangement which provides appropriate cover.

(2) The contractor must not sub-contract its obligations to provide clinical services under the contract unless it has satisfied itself that the sub-contractor has in force in relation to it an indemnity arrangement which provides appropriate cover.

(3) A contractor is regarded as having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to its employee in connection with clinical services which that employee provides under the contract or, as the case may be, sub-contract.

(4) In this paragraph—

“appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;

“indemnity arrangement” means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor.

Commencement Information

I168 Sch. 3 para. 77 in force at 11.3.2026, see reg. 1(2)

Public liability insurance E+W

78.—(1) The contractor must at all times hold adequate public liability insurance in relation to liabilities to third parties arising under or in connection with the contract which are not covered by an indemnity arrangement referred to in paragraph 77(1).

(2) In this paragraph, “indemnity arrangement” has the same meaning as in paragraph 77.

Commencement Information

I169 Sch. 3 para. 78 in force at 11.3.2026, see reg. 1(2)

Gifts E+W

79.—(1) The contractor must keep a register of gifts which are given to any of the persons specified in sub-paragraph (2) by or on behalf of—

(a) a patient,

(b) a relative of a patient, or

(c) any person who provides or wishes to provide services to the contractor or its patients in connection with the contract,

and have, in its reasonable opinion, an individual value of more than £100.00.

(2) The persons referred to in sub-paragraph (1) are—

(a) the contractor,

(b) where the contract is with two or more individuals practising in partnership, any partner,

(c) where the contract is with a dental corporation a director, chief executive or company secretary of the corporation,

(d) any person employed by the contractor for the purposes of the contract,

(e) any dental practitioner engaged by the contractor for the purposes of the contract,

(f) any spouse or civil partner of a contractor (where the contractor is an individual dental practitioner) or of a person specified in paragraphs (b) to (e), or

(g) any person whose relationship with the contractor (where the contractor is an individual dental practitioner) or with a person specified in paragraphs (b) to (e) has the characteristics of the relationship between spouses or civil partners.

(3) Sub-paragraph (1) does not apply where—

(a) there are reasonable grounds for believing that the gift is unconnected with services previously provided, being provided or to be provided by the contractor,

(b) the contractor is not aware of the gift, or

(c) in a case falling within sub-paragraph (1)(c), the contractor is not aware that the donor wishes to provide services to the contractor.

(4) The contractor must take reasonable steps to ensure that it is informed of gifts which fall within sub-paragraph (1), and which are given to the persons specified in sub-paragraph (2)(b) to (g).

(5) The register referred to in sub-paragraph (1) must include the following information—

(a) the name of the donor,

(b) in a case where the donor is a patient, the patient’s National Health Service number or, if the number is not known, their address,

(c) in any other case, the address of the donor,

(d) the nature of the gift.

(e) the estimated value of the gift. and

(f) the name of the person or persons who received the gift.

(6) The contractor must make the register available to the Local Health Board on request.

Commencement Information

I170 Sch. 3 para. 79 in force at 11.3.2026, see reg. 1(2)

Compliance with legislation and guidance E+W

80.  The contractor must—

(a) comply with all relevant legislation, and

(b) have regard to all relevant guidance issued by the Local Health Board, or the Welsh Ministers.

Commencement Information

I171 Sch. 3 para. 80 in force at 11.3.2026, see reg. 1(2)

Third party rights E+W

81.  The contract must not create any right enforceable by any person not a party to it.

Commencement Information

I172 Sch. 3 para. 81 in force at 11.3.2026, see reg. 1(2)

Signing of documents E+W

82.—(1) In addition to any other requirement that may relate to the documents specified in sub-paragraph (2), whether in these Regulations or otherwise, the contractor must ensure such documents include—

(a) the name and clinical profession of the professional who signed the document, and

(b) the name of the contractor on whose behalf it is signed.

(2) The reference to documents in sub-paragraph (1) includes—

(a) forms that are required to be completed as a consequence of these Regulations, where such forms require a signature,

(b) prescription forms, and

(c) any other clinical document.

Commencement Information

I173 Sch. 3 para. 82 in force at 11.3.2026, see reg. 1(2)

Duty of co-operation: cluster working E+W

83.—(1) A contractor must comply with the requirements in sub-paragraph (2) where primary dental services are provided by the contractor’s cluster.

(2) The requirements specified in this sub-paragraph are that the contractor must—

(a) co-operate, in so far as is reasonable, with any person responsible for the provision of the services,

(b) comply in core hours with any reasonable request for information from such a person or from the Local Health Board relating to the provision of the services,

(c) agree the mandate for a Dental Collaborative representative at cluster meetings and take account of feedback from those cluster meetings,

(d) take reasonable steps to provide information to its active patients about the services, including information on how to access the services and any changes to them, and

(e) ensure engagement in the planning and delivery of local services, as agreed within the cluster action plan, which includes suitable arrangements to enable the sharing of data, where appropriate safeguards are met, to support the delivery of the services and discussion of cluster funding and budgets.

(3) The contract must contain a term which requires contractors to be remunerated for taking part in cluster meetings each year in accordance with directions made by the Welsh Ministers under section 60 of the 2006 Act.

Commencement Information

I174 Sch. 3 para. 83 in force at 11.3.2026, see reg. 1(2)

Paragraph 35 of Schedule 3

Schedule 4 E+W PATIENT INFORMATION LEAFLET

Commencement Information

I175 Sch. 4 in force at 11.3.2026, see reg. 1(2)

A patient information leaflet must include the items listed below.

1. The name of the contractor.

2. In the case of a contract with a partnership—

(a) whether or not it is a limited partnership, and

(b) the names of all the partners and, in the case of a limited partnership, their status as a general or limited partner.

3. In the case of a contract with a dental corporation—

(a) the names of the directors, chief executive and company secretary of the corporation, in so far as those positions exist in relation to the dental corporation, and

(b) the address of the corporation’s registered office.

4. The full name of each person performing services under the contract.

5. In the case of each person performing dental services under the contract, their professional qualifications and relevant experience.

6. Whether the contractor provides teaching or training of persons who provide dental services or who intend to do so.

7. The arrangements for the appropriate development and training of employees.

8. The address of each of the practice premises.

9. The contractor’s telephone and fax numbers (if any) and the address of its website (if any).

10. Whether the practice premises have suitable access for disabled patients or patients with alternative needs and, if not any alternative arrangements for providing services to such patients.

11. How to request services as a patient.

12. The rights of a patient to express a preference of dental practitioner in accordance with paragraph 2 of Schedule 3 and the means of expressing such a preference.

13. The services available under the contract.

14. The normal surgery days and hours of the practice.

15. The arrangements for dental services for the hours and days that fall outside normal surgery hours (whether or not provided by the contractor) and how the patient may contact such services.

16. If the services in paragraph 15 are not provided by the contractor, the fact that the Local Health Board referred to in paragraph 27 is responsible for commissioning the services.

17. The telephone number of NHS 111 Wales and details of NHS 111 Wales online.

18. The contact details for the Local Health Board’s urgent appointment service.

19. The Dental Access Portal web address.

20. The arrangements made for seeking patients’ views about the quality of services provided by the dental practice.

21. How patients may notify a concern in accordance with the 2011 Regulations or comment on the provision of a service.

22. The rights and responsibilities of the patient, in particular relating to keeping appointments, including an explanation of the circumstances that would result in de-listing a patient and return to the Dental Access Portal.

23. The action that may be taken where a patient is violent or abusive to the contractor, its staff, persons present on the practice premises or in the place where treatment is provided under the contract or other persons specified in paragraph 3 of Schedule 3.

24. Details of who has access to patient information (including information from which the identity of the individual can be ascertained) and the patient’s rights in relation to disclosure of such information.

25. details of any automated or artificial intelligence tools that are used by the practice and confirmation that patient information is not processed by these means.

26. Details of how to access the practice’s privacy policy.

27. The name, postal and email address and telephone number of the Local Health Board which is a party to the contract and from whom details of primary dental services in the area may be obtained.

Regulations 31(3)(a), 31(3)(b)

Schedule 5 E+W CHARGES

Charges for the provision of dental services E+W

1.—(1) Subject to sub-paragraph (2) and paragraphs 2 and 3, a charge of the amount provided for in the table in paragraph 4 may be made and recovered in respect of the provision of the relevant mandatory dental services as described in regulation 14 and Schedule 1.

(2) The total charge that can be made and recovered from an individual patient in respect of a course of treatment or multiple courses of treatment that are delivered at the same time is £384.

(3) In this paragraph “at the same time” means as part of a course of treatment which may be delivered over a number of appointments.

Commencement Information

I176 Sch. 5 para. 1 in force at 11.3.2026, see reg. 1(2)

Exemptions E+W

2.—(1) Subject to sub-paragraphs (2) no charge may be made and recovered under paragraph 1 in respect of—

(a) provision of dental services under the 2006 Act, except by a contractor;

(b) a prisoner;

(c) the provision of dental public health functions;

(d) the removal of sutures;

(e) subject to sub-paragraph (2) any person who is at the time the service is provided;

(i) aged under 18,

(ii) aged 18 or over and in full-time education,

(iii) pregnant, or

(iv) has had a baby within the 12 months before treatment starts.

(2) It is a condition of exemption under paragraph 2(1)(e) that—

(a) a written declaration is made on a form provided for that purpose by the Local Health Board to the effect that the patient is, on the day upon which the examination takes place, within one of the categories specified in paragraph 2(1)(e);

(b) the declaration referred to in sub-paragraph (2) must be made by the patient for whom the examination is provided, except where the application is made by another person on the patient’s behalf when the declaration must made instead by that person;

(c) the Local Health Board may require that evidence of entitlement is supplied by or on behalf of the patient;

(3) In this paragraph “evidence of entitlement” means an official record (for example a birth certificate, student ID card or Personal Child Health Record) which confirms the age or status or both, of the patient as the case may be.

Commencement Information

I177 Sch. 5 para. 2 in force at 11.3.2026, see reg. 1(2)

3.—(1) Subject to sub-paragraph (2) no charge may be made and recovered under paragraph 1 in respect of—

(a) the clinical examination, any report on that examination and the provision of an assessment and advice where, on the day upon which the examination is being performed or the assessment is made, the patient—

(i) is under the age of 25 years, or

(ii) has attained the age of 60 years, or

(b) the examination and assessment of a patient if, at the same time no other treatment is provided and no dental appliances are supplied, which leads to—

(i) the issue of a prescription,

(ii) the repair of a dental appliance, or

(iii) the arrest of bleeding.

(2) It is a condition of exemption under paragraph 3(1)(a) that—

(a) a written declaration, is made on a form provided for that purpose by the Local Health Board to the effect that the patient is, on the day upon which the examination takes place, within one of the categories specified in paragraph 3(1)(a);

(b) the declaration referred to in paragraph (2)(a) above, is made by the patient for whom the examination is provided, except where the application is made by another person on the patient’s behalf where the declaration must be made instead by that person;

(c) the Local Health Board may require evidence of entitlement is supplied by or on behalf of the patient.

(3) In this paragraph “evidence of entitlement” means the patient’s birth certificate or another means prescribed by the Local Health Board of establishing the age of the patient.

Commencement Information

I178 Sch. 5 para. 3 in force at 11.3.2026, see reg. 1(2)

Charges E+W

4.  The charges which may be made and recovered under paragraph 1 are as set out in table 1 below—

[F2 Table 1

Title	Charge	Description
Urgent Access Appointments
Urgent Care Package	£37.50	Urgent appointments should include an oral health assessment (including soft tissue) and onward referral where appropriate. Should provide relief from pain and/or prevent significant deterioration, with onward referral if required. Should normally provide a long-term solution. Where appropriate, with patient’s consent, should consist of permanent definitive treatment, including restorations.
New Patient Assessments
New Patient Assessment	£27.21	Includes global health and clinical assessment (including soft tissue) and intraoral radiography. Prevention includes diet advice and Oral Hygiene instruction (based on clinical exam), risk factor management including smoking/alcohol/sugar reduction advice, topical fluoride application, high concentration fluoride toothpaste prescription and fissure sealants (for enamel caries) as appropriate.
Care Packages
Simple Restorative Care Package	£36.03	Includes fillings, temporary crowns, Hall crowns and extractions up to a combined total of 4 teeth.
Extensive Restorative Care Package	£68.75	As per simple restorative care package for 5 to 8 teeth. Composite material for anterior teeth (canine to canine). Posterior teeth to use clinically appropriate materials, which includes both amalgam and amalgam alternatives.
Periodontal Care Package	£48.53	Entry assessed on engagement from assessment, but patient must achieve minimum of 30% plaque score by 3rd OHE visit. Includes plaque score and tailored OHI, 6ppc, professional mechanical plaque removal and Pocket debridement. Contract holders expected to follow guidance such as the Society of British Periodontology guidance on managing patients with periodontal disease.
Denture Care Package	£86.40	Excludes laboratory charges (paid directly by the patient, unless exempt from NHS charges). Includes upper and lower dentures, including Cobalt Chrome dentures if clinically indicated.
Stabilisation Care Package	£75.00	For patients who present with 7+ carious teeth, where at least two of the teeth have caries extending to close proximity or into the pulp and the patient is keen to engage. Includes extractions, DBOH prevention, Glass Ionomer intermediate restorations, pulp extirpation, removal of plaque retentive factors.
Anterior Root Canal Package	£91.18	For up to two teeth 1-3, includes any permanent restorations.
Posterior Root Canal Package	£182.72	Posterior and pre-molar root canal package, for up to two teeth. Includes Second molars if the tooth is strategically necessary to maintain dentition (e.g. patients who have a lack of posterior support, a medical reason to retain etc.). Includes any cuspal coverage needed, excluding laboratory charge (paid by patients, unless exempt from NHS charges).
Crown Bridge, Inlay, Onlay and Veneer Care Package	£140.44	Excludes temporary restorations. Up to a three unit bridge or up to two crowns or where a crown and bridge are both provided a single cantilever bridge and single crown would be provided under a single care package. Includes study models, posts and cores etc. Excludes laboratory charges.
Miscellaneous Care Package	£25.00	For treatment and interventions for patients that fall outside a current care package or outside the guarantee period. Includes: denture repair/addition/reline, denture ease, study models, bite raising appliance, biopsy, repair/recement of a crown, bridge or veneer, removal of sutures, pericoronitis, ANUG, orthodontic urgent issues, arrest of haemorrhage (for extractions carried outside of a care package), dry socket (for extractions carried outside of a care package). Excludes any laboratory charge.
Prevention
Recall	£25.00 per visit	Patients having a recall examination are to be put on a recall package aligned to NICE guidance. Requirement to declare on the FP17 which recall interval the patient is currently on. A robust clinical monitoring process must take place to confirm that the patient is on the appropriate risk assessed recall package.]

Textual Amendments

F2 Sch. 5 para. 4 Table 1 substituted (1.3.2026) by The National Health Service (General Dental Services Contracts and Patient Charges) (Amendment) (Wales) Regulations 2026 (W.S.I. 2026/49), regs. 1(2), 4

Commencement Information

I179 Sch. 5 para. 4 in force at 11.3.2026, see reg. 1(2)

Referral E+W

5.—(1) Only one charge for the course of treatment or urgent course of treatment under paragraph 1 may be made and recovered from the patient where the patient has started a course of treatment under a care package or an urgent course of treatment with one contractor but is referred to—

(a) an alternative contractor for part of the course of treatment under the care package or urgent course of treatment, or

(b) a hospital or other service provider under Part 1 of the 2006 Act for the supply of a dental appliance as part of the course of treatment.

(2) The charge where paragraph (1) applies may only be made and recovered by the original contractor.

Commencement Information

I180 Sch. 5 para. 5 in force at 11.3.2026, see reg. 1(2)

Making and recovery of charges E+W

6.—(1) Where a charge may be made and recovered under this Schedule the contractor, upon arranging a course of treatment, must—

(a) inform the patient that they are required to pay a charge,

(b) inform the patient which of the charges set out in the table in paragraph 4 applies at that stage and provide an estimate of the total charge, and

(c) inform the patient that the charge is capped in accordance with paragraph 1(2) of this Schedule and inform them of the level of the capped charge

(2) On the completion of the appointment or course of treatment, as the case may be, a contractor may make and recover from the patient (unless it has already been paid) the appropriate charge.

(3) Upon receiving payment of a charge payable under this Schedule the contractor must provide a receipt on—

(a) a paper form provided for that purpose by the relevant Local Health Board, or

(b) an electronic form which identifies the person who provided the service, the name of the contractor, the services provided, and the amount of the charge paid and the date on which it is paid.

Commencement Information

I181 Sch. 5 para. 6 in force at 11.3.2026, see reg. 1(2)

Repayment of charges E+W

7.—(1) This paragraph applies to any person who—

(a) pays any charge under paragraph 1, and

(b) would, but for a failure to comply with paragraph 2(2) or 3(2), have been exempt from the charge under paragraph 1.

(2) Subject to paragraph (3) any person to whom this paragraph applies is entitled to have such a charge repaid.

(3) It is a condition of the entitlement to a repayment under this regulation that the person makes a claim to the Local Health Board for the repayment—

(a) within—

(i) 3 months after payment of the charge, or

(ii) any period that the Welsh Ministers deem it appropriate in all the circumstances to allow, and

(b) in a way prescribed by the Welsh Ministers for that purpose, and

(c) supported by any evidence which was not previously provided.

(4) Subject to paragraph (5), where the person is unable for the time being to act, another person may make a claim on that person’s behalf.

(5) The Local Health Board must forward the claim within 14 clear days to the Welsh Minsters, who may refuse to accept a claim made by one person on behalf of another where they are of the opinion that—

(a) the person on whose behalf the claim is made is able to act, or

(b) the person making the claim is not a suitable person to act on behalf of that other person.

(6) If upon considering a claim under sub-paragraph (3) the Welsh Ministers are satisfied that the person is entitled to repayment under this paragraph the Welsh Ministers must provide that a repayment is made to that person in such a way as appears to be appropriate in the circumstances.

Commencement Information

I182 Sch. 5 para. 7 in force at 11.3.2026, see reg. 1(2)

Accounting for charges in relation to payments E+W

8.  Where a contractor has provided dental services for which a charge is payable under this Schedule the payment which would otherwise be payable by the Local Health Board to that contractor must be reduced by the amount of that charge, irrespective of whether or not that charge has been recovered by the contractor.

Commencement Information

I183 Sch. 5 para. 8 in force at 11.3.2026, see reg. 1(2)

Central collection and electronic processes E+W

9.—(1) Where the Welsh Ministers give directions under section 60 of the 2006 Act requiring central collection of charges the Local Health Board must ensure the contract requires charges to be collected in accordance with those directions.

(2) The Welsh Ministers may specify requirements for—

(a) electronic submission of charge and exemption information to Local Health Boards;

(b) electronic acknowledgment of liability by patients;

(c) electronic issue of receipts.

(3) Where electronic processes are specified under paragraph (2), they must satisfy any corresponding requirement in these Regulations for written processes or documentation.

(4) Directions and specifications under this paragraph are terms of the contract.

Commencement Information

I184 Sch. 5 para. 9 in force at 11.3.2026, see reg. 1(2)

Regulation 43

Schedule 6 E+W AMENDMENTS

The National Health Service (Dental Charges) (Wales) Regulations 2006 E+W

1.—(1) The 2006 (Charges) Regulations, are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “relevant primary dental services”, after the word “contract” insert “(except a contract under the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026)”.

(3) In regulation 3(2)(e)(ii) (charges for the provision of dental services) omit “or”.

(4) In regulation 3(2)(f), for “supplied.” substitute “supplied, or”.

(5) In regulation 3(2) after sub-paragraph (f) insert—

“(g) the provision of dental services under a general dental services contract under the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026.”

Commencement Information

I185 Sch. 6 para. 1 in force at 1.4.2026, see reg. 1(2)

The National Health Service (Personal Dental Services Agreements) (Wales) 2006 E+W

2.—(1) The 2006 (PDS) Regulations are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the appropriate places insert—

““the 2006 Act” means the National Health Service (Wales) Act 2006(39);”;

““the 2026 GDS Contracts and Patient Charges Regulations” means the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026;”;

““the 2026 Regulations” means the National Health Service (Performers Lists) (Wales) Regulations 2026;”;

““care package” means a defined bundle of the dental services set out in Part 1 of Schedule 2 which are provided to a patient as a course of treatment based on assessed clinical need and risk;”;

““new patient assessment” means an assessment carried out in accordance with paragraph 10 of part 2 of Schedule 1 of the 2026 GDS Contracts and Patient Charges Regulations;”;

““urgent care” means treatment to provide relief from pain and/or to prevent significant deterioration of a particular dental problem, with the aim to provide, where possible, a long-term solution.”;

(b) in the definition of “advanced mandatory services” for “GDS Contracts Regulations” substitute “2026 GDS Contracts and Charges Regulations”,

(c) in the definition of “agreement”, after “Act” insert “or section 64 of the 2006 Act;”,

(d) in the definition of “course of treatment” after the word “patient” in the second place in which it appears insert “as part of a care package or otherwise”,

(e) in the definition of “mandatory services” for “GDS Contracts Regulations” substitute “2026 GDS Contracts and Charges Regulations”,

(f) in the definition of “NHS Charge” after “NHS Charges Regulations” insert “or the 2026 GDS Contracts and Patient Charges Regulations”,

(g) in the definition of “primary care list”, at the end of sub-paragraph (f) omit “or”

(h) at the end of sub-paragraph (g) insert “or”, and

(i) after sub-paragraph (g) insert—

“(h) a list made and kept pursuant to the National Health Service (Performers Lists) (Wales) Regulations 2026;”.

(3) In regulation 4(3)(c)(ii), after “of the Act” insert “or within the meaning of regulation 16(3) of the 2026 Regulations”.

(4) For regulation 13, including the heading, substitute—

Mandatory and advanced mandatory services

13.— (1) Where an agreement includes the provision of mandatory or advanced mandatory services, the agreement must specify the number of appointments or care packages, as the case may be, to be provided by the contractor—

(a) where the agreement begins on 1 April, in each financial year or, by virtue of the duration of the agreement, part financial year; or

(b) where the agreement begins on a date other than 1 April, in the remainder of the financial year in which the agreement begins, and in each financial year thereafter.

(2) An agreement must contain terms which have the effect that payment for provision of mandatory or advanced mandatory services must be in accordance with any directions issued by the Welsh Ministers under section 66(4) of the 2006 Act (Regulations about section 64 arrangements) and Part 1 of Schedule 2.”.

(5) In regulation 15—

(a) in the heading for “units of dental activity” substitute “mandatory or advanced mandatory services,”,

(b) in sub-paragraph (2)(a) for “units of dental activity” substitute “appointments or care packages, as the case may be”,

(c) in sub-paragraph (2)(b)(i) for “units of dental activity” substitute “appointments or care packages, as the case may be”, and

(d) in sub-paragraph (2)(b)(ii) for “units” substitute “appointments, care packages or units”.

(6) In regulation 17—

(a) in sub-paragraph (1)(a) for “the Assembly under section 28E(3A) of the Act (personal medical or dental services: regulations)” substitute “the Welsh Ministers under section 66(4) of the 2006 Act (regulations about section 64 arrangements)”,

(b) in sub-paragraph (1)(b) for “the Assembly under section 16BB(4) (Local Health Board’s functions)²or 28E(3A) of the Act” substitute “the Welsh Ministers under section 12 (functions of Local Health Boards) or 66(4) of the 2006 Act”,

(c) in sub-paragraph (2)(c) for “the Assembly under section 28E(3A).” substitute “the Welsh Ministers under section 66(4) of the 2006 Act”, and

(d) in sub-paragraph (3) for “16BB(4) or 28E(3A) of the Act” substitute “12 or 66(4) of the 2006 Act”.

(7) In regulation 18—

(a) in sub-paragraph (2)(a) after “NHS Charges Regulations” insert “or the 2026 GDS Contracts and Patient Charges Regulations”,

(b) in sub-paragraph (3)(a) after “NHS Charges Regulations” insert “or the 2026 GDS Contracts and Patient Charges Regulations”, and

(c) in sub-paragraph (3)(b) after “NHS Charges Regulations” insert “or the 2026 GDS Contracts and Patient Charges Regulations”.

(8) In regulation 21—

(a) in sub-paragraph (2)(c) for “section 28M of the Act (persons eligible to enter into GDS contracts)¹ and regulations 4 and 5 (where applicable) of the GDS Contracts Regulations” substitute “section 59 of the 2006 Act (Persons eligible to enter into GDS contracts) and regulations 4 and 5 (where applicable) of the 2026 GDS Contracts and Patient Charges Regulations”,

(b) in sub-paragraph (5) for “section 28M of the Act and regulations 4 and 5 (where applicable) of the GDS Contracts Regulations” substitute “section 59 of the 2006 Act and regulations 4 and 5 (where applicable) of the 2026 GDS Contracts and Patient Charges Regulations”,

(c) in sub-paragraph (6) for “the Act and the GDS Contracts Regulations” substitute “the 2006 Act and the 2026 GDS Contracts and Patient Charges Regulations”,

(d) in sub-paragraph (6)(b) after “same” insert “mandatory”,

(e) in sub-paragraph (6)(c) omit “or orthodontic courses of treatment”,

(f) in sub-paragraph (6)(c)(ii) omit “or orthodontic courses of treatment”,

(g) in sub-paragraph (6)(d)(i)—

(i) for “units of dental activity or units of orthodontic activity” substitute “appointments or care packages”, and

(ii) omit “or 14”,

(h) omit sub-paragraph (6)(e),

(i) in sub-paragraph (6)(f) omit “or orthodontic course of treatment” in both places it appears,

(j) in sub-paragraph (6)(g) for “GDS Contracts Regulations” substitute “2026 GDS Contracts and Charges Regulations”,

(k) in sub-paragraph (8) for “section 28M of the Act or regulation 4 of the GDS Contracts Regulations” substitute “section 59 of the 2006 Act or regulation 4 of the 2026 GDS Contracts and Patient Charges Regulations”,

(l) in sub-paragraph (9) for “Assembly in accordance with regulation 8(3) and (4) of the GDS Contracts Regulations (pre-contract disputes).” substitute “Welsh Ministers in accordance with regulation 8(3) and (4) of the 2026 GDS Contracts and Patient Charges Regulations (pre-contract disputes).”, and

(m) in sub-paragraph (10) for “Assembly” substitute “Welsh Ministers”.

(9) Schedule 2 is amended as follows—

(a) in the heading for “UNITS OF DENTAL ACTIVITY” substitute “MANDATORY SERVICES, ADVANCED MANDATORY SERVICES”,

(b) for the whole of Part 1 substitute—

“Part 1 E+W MANDATORY SERVICES AND ADVANCED MANDATORY SERVICES

Where the contractor provides mandatory services or advanced mandatory services as part of the agreement, the appointment or care package must be of a type listed in and in accordance with the relevant description set out in Table A below—

Table A

Title	Description
Urgent Access Appointments
Urgent Care Package	Urgent appointments should include an oral health assessment (including soft tissue) and onward referral where appropriate. Should provide relief from pain and/or prevent significant deterioration, with onward referral if required. Should normally provide a long-term solution. Where appropriate, with patient’s consent, should consist of permanent definitive treatment, including restorations
New Patient Assessments
New Patient Assessment	Includes global health and clinical assessment (including soft tissue) and intraoral radiography. Prevention includes diet advice and oral hygiene instruction (based on clinical exam), risk factor management including smoking/alcohol/sugar reduction advice, topical fluoride application, high concentration fluoride toothpaste prescription and fissure sealants (for enamel caries) as appropriate
Care Packages
Simple Restorative Care Package	Includes fillings, temporary crowns, Hall crowns and extractions up to a total of 4 teeth
Extensive Restorative Package	As per simple restorative package for 5 to 8 teeth. Composite material for anterior teeth (canine to canine). Posterior teeth to use clinically appropriate materials, which includes both amalgam and amalgam alternatives
Periodontal Care Package	Entry assessed on engagement from assessment, but patient must achieve minimum of 30% plaque score by 3rd OHE visit. Includes plaque score and tailored OHI, 6ppc, professional mechanical plaque removal and pocket debridement. Contract holders expected to follow guidance such as the Society of British Periodontology guidance on managing patients with periodontal disease
Denture Care Package	Excludes laboratory fees (paid directly by the patient, unless exempt from NHS charges). Includes upper and lower dentures, including cobalt chrome dentures if clinically indicated
Stabilisation Care Package	For patients who present with 7+ carious teeth, where at least two of the teeth have caries extending to close proximity or into the pulp and the patient is keen to engage. Includes extractions, DBOH prevention, glass ionomer intermediate restorations, pulp extirpation, removal of plaque retentive factors
Anterior Root Canal Package	For up to two teeth 1-3, includes any permanent restorations
Posterior Root Canal Package	Posterior and pre-molar root canal package, for up to two teeth. Includes second molars if the tooth is strategically necessary to maintain dentition (e.g. patients who have a lack of posterior support, a medical reason to retain etc.). Includes any cuspal coverage needed, excluding laboratory fee (paid by patients, unless exempt from NHS charges)
Crown Bridge, Inlay, Onlay and Veneer Care Package	Excludes temporary restorations. Up to a three unit bridge or up to two crowns or where a crown and bridge are both provided a single cantilever bridge and single crown would be provided under a single care package. Includes study models, posts and cores etc. Excludes laboratory charges.
Miscellaneous Care Package	For treatment and interventions for patients that fall outside a current care package or outside the guarantee period. Includes: denture repair/addition/reline, denture ease, study models, bite raising appliance, biopsy, repair/recement of a crown, bridge or veneer, removal of sutures, pericoronitis, ANUG, orthodontic urgent issues, arrest of haemorrhage (for extractions carried outside of a care package), dry socket (for extractions carried outside of a care package). Excludes any laboratory charge
Prevention
Recall	Patients having a recall examination must be put on a recall package aligned to NICE guidance. Requirement to declare on the FP17 which recall interval the patient is currently on. A robust clinical monitoring process must take place to confirm that the patient is on the appropriate risk assessed recall package”.

Commencement Information

I186 Sch. 6 para. 2 in force at 1.4.2026, see reg. 1(2)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out, for Wales, the framework for general dental services contracts under section 57 of the National Health Service Act 2006 (“the Act”).

Part 2 of the Regulations prescribes the conditions which, in accordance with section 59 of the Act, must be met by a contractor before the Local Health Board may enter into a general dental services contract with it.

Part 3 of the Regulations prescribes the procedure for pre-contract dispute resolution, in accordance with section 62(2) of the Act. Part 3 applies to cases where the contractor is not a health service body. In cases where the contractor is such a body, the procedure for dealing with pre-contract disputes is set out in section 7 of the Act.

Part 4 of the Regulations sets out the procedures, in accordance with section 62(3) of the Act, by which the contractor may obtain health service body status.

Part 5 of (and Schedules 1 to 5 to) the Regulations prescribe the terms which, in accordance with sections 61 and 62 of the Act, must be included in a general dental services contract (in addition to those contained in the Act). It includes, in regulation 14, a description of the services which must be provided to patients under general dental services contracts pursuant to section 58 of the Act.

The prescribed terms include terms relating to—

(a)

the parties and duration of the contract (regulations 10 and 13);

(b)

the mandatory services to be provided (regulation 14) and the standard proportions of those services (regulation 17);

(c)

delivery reports (regulations 20 and 24);

(d)

finance (regulation 30);

(e)

payment, charges and financial interests (regulation 31);

(f)

arrangements on termination (regulation 32);

(g)

other contractual terms as specified in Schedule 3, including patient records, the provision of information and rights of entry, concerns, dispute resolution, and procedures for variation and termination of contracts.

Part 6 of the Regulations makes transitional provisions. An existing contract has effect on and after 1 April 2026 as if it were a contract entered into under these Regulations.

Regulation 31 and Schedule 5 sets out the way patient charges are to be collected and calculated as well as providing for exemptions in certain circumstances.

The Regulations also make amendments to the National Health Service (Dental Charges) (Wales) Regulations 2006 in order to change the way patient charges are calculated.

These Regulations also make amendments to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 in order to align the way mandatory services and patient charges are provided for in those Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by contacting the Health and Social Services Group, Welsh Government, Cathays Park, Cardiff CF10 3NQ.

(1)

2006 c. 42.

(2)

1984 c. 24.

(3)

1986 c. 45.

(4)

1989 c. 41.

(5)

S.I. 2005/2011.

(6)

S.I. 2006/490 (W. 59).

(7)

S.I. 2006/491 (W. 60).

(8)

S.I. 2006/489 (W. 58).

(9)

S.I. 2011/704 (W. 108).

(10)

https://primarycareone.nhs.wales/topics/primary-dental-care1/dental-reform-programme-for-wales/resources-for-clinical-teams/

(11)

1984 c. 24. Section 14(1) was substituted by S.I. 2005/2011, articles 2(1) and 6, and amended by S.I. 2007/3101, regulations 109 and 111, and by S.I. 2019/593, regulation 4(1) and paragraphs 2 and 4(a) and (c) of Schedule 3.

(12)

S.I. 2020/1451 (W. 313).

(13)

NHS England. (2015). Guide for Commissioning Oral Surgery and Oral Medicine. https://www.england.nhs.uk/commissioning/wp-content/uploads/sites/12/2015/09/guid-comms-oral.pdf.

(14)

Section 80(4)(a) was substituted by the Children and Social Work Act 2017 (c. 16) (“the 2017 Act”) Schedule 5(2) paragraph 47(k) and section 4A was substituted by Schedule 5(1) paragraph 31 of the 2017 Act.

(15)

Section 159 words substituted by the Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Schedule 2, paragraph 119(a) and (b) and the Health and Social Care Act 2012 (c. 7), section 208(4)(b) and Schedule 4(7) paragraph 85(6)(a) and (b); and section 1(a)(b) repealed by the Health and Social Care Act 2012 (c. 7), Part 6, section 208(4)(a).

(16)

2003 c. 21.

(17)

Section 36B was inserted by Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Part 4, article 29 and section 36B(1A) wording substituted by European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), Schedule 3(1), paragraph 18.

(18)

S.I. 2005/2011.

(19)

1933 c. 12; as amended by the Sexual Offences Act 1956 (c. 69), section 52, Schedule 4; the Criminal Justice Act 1988 (c. 33), section 170(1) and 170(2), Schedule 15, paragraph 8, Schedule 16; the Domestic Violence, Crime and Victims Act 2004 (c. 28), Schedule 10, paragraph 2; the Coroners and Justice Act 2009 (c. 25), Schedule 21(2), paragraph 53; Modern Slavery Act 2015 (c. 30), Schedule 5(1), paragraphs 1(3) and (4); the Online Safety Act 2023 (c. 50), Schedule 14(2), paragraph 6 and Schedule 14(3), paragraph 13 (words substituted by the Sexual Offences Act 2003 (c. 42), Schedule 6, paragraph 7).

(20)

1995 c. 46.

(21)

1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c. 40).

(22)

1986 c. 45. Schedule 4ZB was inserted by the Tribunals, Court and Enforcement Act 2007 (c. 15) Schedule 19, paragraph 1.

(23)

2005 asp 10.

(24)

1986 c. 46.

(25)

Article 39 substitutes sections 43 and 44 of the 1984 Act with new sections 43, 43B, 44, 44A and 44B with effect from 19 July 2005.

(26)

As amended by the Health and Social Care Act 2008 (c. 14), Schedule 5(3), paragraph 87; the Health and Social Care Act 2012 (c. 7), Schedule 21, paragraph 13(a) to (f) and Schedule 17, paragraph 11; the Health and Care Act 2022 (c. 31), Schedule 1, paragraph 1(1), Schedule 4, paragraph 140; the Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), Part 4, article 24(2)(a); the Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), Part 4, article 24(2)(b) and (c); and the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), Schedule 1(1), paragraph 11.

(27)

2010 c. 15.

(28)

The National Institute for Health and Care Excellence is established under sections 232 to 247 of the Health and Social Care Act 2012 (c. 7).

(29)

This guidance is available from NICE’s website, www.nice.org.uk.

(30)

S.I. 2002/618 as amended by S.I.2008/2986, S.I. 2013/2327 and S.I.2020/1478.

(31)

2003 c. 43. The functions of the National Assembly for Wales under section 72 were transferred to the Welsh Ministers by virtue of the Government of Wales Act 2006.

(32)

S.I. 2011/704.

(33)

2000 c. 36.

(34)

2005 c. 9.

(35)

1970 c. 42; section 1 was amended by the Local Government Act 1972 (c. 70), section 195 and by the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 7.

(36)

1994 c. 39.

(37)

1986 c. 46.

(38)

S.I. 1986/1032 (N.I. 6).

(39)

2006 c. 42.