Eligibility to enter into a gds contract or pds agreement



Download 48.62 Kb.
Date conversion24.11.2016
Size48.62 Kb.


Eligibility to enter into a GDS Contract or PDS Agreement

This paper sets out the persons/organisations that are eligible to enter into a GDS Contract or PDS Agreement with a PCT pursuant to the NHS Act 2006. An overview is set out at Part A of this paper and a comprehensive list is provided at Part B of this paper.



Part A - Overview of persons/organisations that can enter into a GDS Contract or a PDS Agreement

1.GDS Contract


A GDS Contract may be with:
• an individual dental practitioner

• a dental corporation

• two or more individuals practising in partnership where:

(a) at least one partner is a dentist, and

(b) any other partner is either an NHS employee; a PDS/PMS employee (UK); a health care professional working in the NHS; or a PMS, GMS, PDS or GDS provider (UK).

2.PDS Agreement


A PDS Agreement may be with a:
• PCT, NHS Trust or Foundation Trust

• medical practitioner

• dental practitioner

• dental corporation (qualifying body)

• NHS employee

• health care professional

• individual providing services under a GMS or GDS contract or

equivalent (UK) or

• individual providing or performing services under a PMS or PDS

agreement (UK)



Part B – Comprehensive details of persons/organisations that can enter into a GDS Contract or a PDS Agreement



Person / Organisation:

GDS Contract1

PDS Agreement2

PCTDS

Dental Practitioner (see note 1)

Y

Y

(Must meet with the prescribed conditions – see note 2)






Dental Corporation (see note 3)

Y

N





A Qualifying Body (see note 6)

N

Y



Partnership (as constituted from time to time) (see note 4).


Y

N




Group of Individuals (who may/may not be acting in partnership) (see note 4).



N


Y

(All individual partners must be signatory to the Agreement)






NHS Trust or NHS Foundation Trust

N

Y




Healthcare Professional (see note 5)

N

Y

(must meet with the prescribed conditions – see note 2)






Individual providing services under:

  • A general medical services contract (inc. Welsh); or

  • A general dental services contract (inc. Welsh); or

  • In accordance with section 107 arrangements3; section 92 arrangements4, section 50 arrangements5, section 64 arrangements6, section 17C arrangements7, or Article 15B8 arrangements; or

  • Under section 17J or 25 of the 1978 Act or Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972.

N

Y




An NHS Employee (see NHS Act 2006 definitions.)

N

Y




A section 92 employee, section 107 employee9, section 50 employee10, section 64 employee11, section 17C employee12 or Article 15B employee13


N

Y




PCT or Local Health Board

N

Y

Y



Note 1 – Dental Practitioner
A person who is included on the Dentists Register
Note 2 – Prescribed Conditions
A PCT may only enter into PDS Agreements with Dental Practitioners or Healthcare Professionals who have complied with the prescribed conditions as set out at paragraph 4 of Part 2 of the National Health Service ( Personal Dental Services Agreement) Regulations 2005.
Note 3 – Dental Corporation
A Dental Corporation is a body corporate14, which is carrying on the business of dentistry15 in accordance with the Dentists Act 1984.
Note 4 – Partnership or group of individuals who may / may not be acting in partnership
At least one partner must be a Dental Practitioner; and

Any partner who is not a Dental Practitioner must be either:



  • An NHS Employee;

  • a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee16

  • Healthcare professional (see note 4) engaged in the provision of services under the NHS Act 2006 or the NHS (Wales) Act 2006; or

  • An Individual providing services under a General Medical Services contract or a General Dental Services contract (including in Wales)

  • An individual providing services in accordance with section 107 arrangements; section 92 arrangements, section 50 arrangements, section 64 arrangements, section 17C arrangements, or Article 15B arrangements17; or

  • An individual providing services in accordance with section 17J or 25 of the 1978 Act or Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972.


Note 5 – Healthcare Professional
A person who is a member of a profession regulated by a body mentioned at the time the agreement in question is made in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002:
Note 6 – Qualifying Body
A Qualifying Body is:
(A) A company, which is limited by shares all of which are legally and beneficially owned by persons falling within:

  1. An NHS Trust or an NHS Foundation Trust;

  2. A Dental Practitioner who meets the prescribed conditions;

  3. Healthcare professional who meets the prescribed conditions;

  4. Individual providing services under;

    1. a general medical services contract (Inc. Welsh) or a general dental services contract (inc. Welsh); or

    2. in accordance with section 107 arrangements; section 92 arrangements, section 50 arrangements, section 64 arrangements, section 17C arrangements; Article 15B arrangements18; or

    3. section 17J or 25 of the 1978 Act or Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972.

  1. An NHS Employee, a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee19

  2. PCT or Local health Board;

And
(B) A body corporate20which is carrying on the business of dentistry21 in accordance with the Dentists Act 1984.



Although the above definition of a 'qualifying body' could be interpreted so that a contractor would have to fulfil both (A) and (B) above in order to meet the definition, the Department of Health's view is that a contractor could fulfil the definition by fulfilling either (A) or (B), and would not necessarily therefore have to fulfil both (A) and (B).
The interpretation of the definition of a 'qualifying body' set out in the legislation has not, however, been tested in the courts and therefore PCTs should seek their own legal advice in respect of the interpretation where they feel it is necessary.

1 Readers should note the additional conditions set out in the National Health Service (General Dental Services Contracts) Regulations 2005.

2 Readers should note the additional conditions set out in the National Health Service (Personal Dental Services Agreements) Regulations 2005.

3 Section 107 Arrangements are arrangements by Strategic Health Authorities for the provision of primary dental services as set out under Section 107 of the National Health Service Act 2006.

4 Section 92 Arrangements are arrangements by Strategic Health Authorities for the provision of primary medical services as set out under Section 92 of the National Health Service Act 2006.

5 Section 50 Arrangements are arrangements for the provision of services made under s50 of the National Health Service (Scotland) Act 1978.

6 Section 64 arrangements are arrangements for the provision of services made under s 64 of the National Health Service (Wales) Act 2006.

7 Section 17C Arrangements are arrangements for the provision of services made under s 17C of the National Health Service (Scotland) Act 1978.

8 Article 15B Arrangements are arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland Act) 1972.

9 Section 107 Employee means an individual who, in connection with the provision of services in accordance with Section 107 Arrangements, is employed by a person providing or performing those services.

10 Section 50 Employee means an individual who, in connection with the provision of services in accordance with Section 50 Arrangements, is employed by a person providing or performing those services.

11 Section 64 Employee means an individual who, in connection with the provision of services in accordance with Section 64 Arrangements, is employed by a person providing or performing those services.

12 Section 17C employees means an individual who, in connection with the provision of services in accordance with Section 17C Arrangements, is employed by a person providing or performing those services.

13 Article 15B employee means an individual who, in connection with the provision of services in accordance with Article 15B Arrangements, is employed by a person providing or performing those services.

14 A body corporate is a group of persons incorporated to carry out a specific enterprise.

15 The ‘business of dentistry’ as defined by the Dentists Act 1984: A person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member received payment for services rendered in the course of practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.

16 See footnotes 9–13 above.

17See footnotes 3–8 above.

18 see footnotes 3-8 above.

19 see footnotes 9–13 above.

20 See footnote 1 above.

21 See footnote 2 above.


106426863_1.DOC


The database is protected by copyright ©dentisty.org 2016
send message

    Main page