Standard general dental services contract



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PART 26




RELATIONSHIP BETWEEN THE PARTIES





  1. The Contract is a contract for the provision of services. The Contractor is an independent provider of services and is not an employee, partner or agent of the PCT. The Contractor must not represent or conduct its activities so as to give the impression that it is the employee, partner or agent of the PCT.




  1. The PCT does not by entering into this Contract, and shall not as a result of anything done by the Contractor in connection with the performance of this Contract, incur any contractual liability to any other person.




  1. This Contract does not create any right enforceable by any person not a party to it.7




  1. In complying with this Contract, in exercising its rights under the Contract and in performing its obligations under the Contract, the Contractor must act reasonably and in good faith.




  1. In complying with this Contract, and in exercising its rights under the Contract, the PCT must act reasonably and in good faith and as a responsible public body required to discharge its functions under the Act.




  1. Clauses 9 and 10 above do not relieve either party from the requirement to comply with the express provisions of this Contract and the parties are subject to all such express provisions.




  1. The Contractor shall not give, sell, assign or otherwise dispose of the benefit of any of its rights under this Contract, save in accordance with the Contract. The Contract does not prohibit the Contractor from sub-contracting its obligations arising under the Contract where such sub-contracting is expressly permitted by the Contract.




  1. The PCT may give, sell, assign or otherwise dispose of the benefit of its rights under this Contract to another Primary Care Trust.



PART 3




NHS CONTRACT8





  1. The Contractor has [not] elected to be regarded as a health service body for the purposes of section 4 of the 1990 Act. Accordingly, this Contract is [not] an NHS contract.9



PART 4


COMMENCEMENT OF THE CONTRACT





  1. This Contract shall commence on [date].10



DURATION OF THE CONTRACT





  1. [Subject to clause 17]11 The Contract shall subsist until [insert date]/[it is terminated in accordance with the terms of this Contract or the general law.]12




  1. [If the parties agree that the Contractor is going to provide additional services [ insert details here ] details in relation to the period for which each of those services is to be provided should be inserted here: the period for which each of such services will be provided is a matter for negotiation between the parties]13



  1. [ ]




  1. [ ]




  1. [ ]

PART 514




WARRANTIES





  1. Each of the parties warrants that it has power to enter into this Contract and has obtained any necessary approvals to do so.




  1. The Contractor warrants that:




    1. all information in writing provided to the PCT in seeking to become a party to this Contract was, when given, true and accurate in all material respects, and in particular, that the Contractor satisfied the conditions set out in regulations 4 [and 5]15 of the Regulations;




    1. no information has been omitted which would make the information that was provided to the PCT materially misleading or inaccurate;




    1. no circumstances have arisen which materially affect the truth and accuracy of such information;




    1. it is not aware as at the date of this Contract of anything within its reasonable control which may or will materially adversely affect its ability to fulfil its obligations under this Contract.




  1. The PCT warrants that:




    1. all information in writing which it provided to the Contractor specifically to assist the Contractor to become a party to this Contract was, when given, true and accurate in all material respects;




    1. no information has been omitted which would make the information that was provided to the Contractor materially misleading or inaccurate;




    1. no circumstances have arisen which materially affect the truth and accuracy of such information.




  1. The PCT and the Contractor have relied on, and are entitled to rely on, information provided by one party to the other in the course of negotiating the Contract.

PART 616


PATIENTS


Persons to whom mandatory or additional services are to be provided





  1. [Subject to clauses 26 and 28A,] the Contractor may provide mandatory services and additional services under the Contract to any person, if a request is made for such services by-




    1. the person who requires the services; or




    1. a person specified in clause 27, on behalf of the person who requires those services.




  1. The Contractor shall provide mandatory services and additional services [for a period of ]17 only to any person who is [ ]18




  1. A request may be made-




    1. on behalf of any child-




      1. by either parent,




      1. by a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989, or




      1. by a person duly authorised by a voluntary organisation by which the child is being accommodated under the provisions of that Act;




    1. on behalf of any adult who is incapable of making such an application or authorising such an application to be made on their behalf, by a relative or primary carer of that person.




  1. [Subject to clauses 26 and 28A,] the Contractor shall only refuse to provide services under this Contract to a person if it has reasonable grounds for doing so which do not relate to-




    1. a person’s age, sex (reassigned or otherwise), religion or belief, sexual orientation, race, cultural and linguistic background, any disability they may have, or medical or dental condition; or




    1. a person’s decision or intended decision to accept private services in respect of himself or a family member.

28A. The Contractor may refuse to provide mandatory services or additional 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.




  1. Clauses 25 to 28A do not apply where the Contractor is providing mandatory services or additional services in a prison or in any event to the provision of dental public health services.19



Patient preference of practitioner





  1. Where the Contractor has agreed to provide services to a patient pursuant to clauses 25 to 27, it shall-




    1. inform the patient (or, in the case of a child or incapable adult, the person making the request on their behalf) of the patient’s right to express a preference to receive services from a particular performer; and




    1. record in writing any such preference expressed by or on behalf of the patient.




  1. The Contractor shall endeavour to comply with any reasonable preference expressed under clause 30 but need not do so if the preferred performer has reasonable grounds for refusing to provide services to the patient, or does not routinely perform the services required by the patient within the practice.




  1. Clauses 30 and 31 do not apply where the Contractor is providing mandatory services or additional services in a prison or in any event to the provision of dental public health services.20


Violent patients





  1. Where-




    1. a patient of the Contractor has committed an act of violence against, or behaved in such a way against any of the persons specified in clause 34 as a consequence of which that person has feared for his safety; and




    1. the Contractor has reported the incident to the police,

the Contractor may notify the PCT that it will no longer provide services to that patient under the Contract.





  1. The persons referred to in clause 33 are-




    1. if the Contract is with an individual dental practitioner, that individual;




    1. if the Contract is with a partnership, a partner in that partnership;




    1. if the Contract is with a dental corporation, a director, chief executive, secretary or member of, or legal and beneficial owner of shares, in that corporation;




    1. a member of the Contractor’s staff;




    1. a person employed or engaged by the Contractor to perform or assist in the performance of services under the Contract; or




    1. any other person present on the practice premises or in the place where services were provided to the patient under the Contract.




  1. Notification under clause 33 may be given by any means including telephone, email, or fax but if not given in writing shall subsequently be confirmed in writing within seven days (and for this purpose a faxed or email notification is not a written one).




  1. The time at which the Contractor notifies the PCT shall be the time at which it makes the telephone call or sends or delivers the notification to the PCT.




  1. The PCT shall-




    1. acknowledge in writing receipt of the notice from the Contractor under clause 33; and




    1. take all reasonable steps to inform the patient concerned as soon as is reasonably practicable.

Patients who refuse to pay NHS charges prior to the commencement of, or during, treatment




  1. The Contractor may-




    1. refuse to begin a course of treatment or an orthodontic course of treatment; or




    1. terminate a course of treatment or orthodontic course of treatment prior to its completion,

if the Contractor has, in accordance with the NHS Charges Regulations, requested that the patient pay a charge in respect of that course of treatment or orthodontic course of treatment, and that patient has failed to pay that charge.


Irrevocable breakdown in relationship between Contractor and patient
39. Where-
39.1. in the reasonable opinion of the Contractor, there has been an

irrevocable breakdown in the relationship between patient and the

Contractor, and
39.2. notice of such a breakdown has been given to the patient by the

Contractor,


the Contractor may notify the PCT that it will no longer provide services to that patient under the Contract.


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