Standard general dental services contract



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PART 1971




COMPLIANCE WITH LEGISLATION AND GUIDANCE





  1. The Contractor shall comply with all relevant legislation and have regard to all relevant guidance issued by the PCT, the relevant Strategic Health Authority or the Secretary of State.

PART 2072


COMPLAINTS





  1. The Contractor must have in place a complaints procedure which meets the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.…



















  1. ...



























































  1. This Part of the Contract shall survive the expiry or termination of the Contract in so far as it relates to any complaint or investigation reasonably connected with the provision of services under the Contract before it terminated73.


PART 2174




DISPUTE RESOLUTION




Local resolution of contract disputes





  1. In the case of any dispute arising out of or in connection with the Contract, the Contractor and the PCT 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 (or, where applicable, before commencing court proceedings).



Dispute resolution: non-NHS contracts75





  1. In the case of a contract which is not an NHS contract, any dispute arising out of or in connection with the Contract, except disputes about matters dealt with under the complaints procedure pursuant to Part 20 of this Contract, may be referred for consideration and determination to the Secretary of State, if:




    1. the PCT so wishes and the Contractor has agreed in writing; or




    1. the Contractor so wishes (even if the PCT does not agree).




  1. In the case of a dispute referred to the Secretary of State under clause 280, the procedure to be followed is the NHS dispute resolution procedure, and the parties agree to be bound by any determination made by the adjudicator.



NHS dispute resolution procedure





  1. The NHS dispute resolution procedure applies in the case of any dispute arising out of or in connection with the Contract which is referred to the Secretary of State in accordance with [section 4(3) of the 1990 Act or clause 280]76 and the PCT and the Contractor shall participate in the NHS dispute resolution procedure as set out in paragraphs 55 and 56 of Schedule 3 to the Regulations.




  1. Any party wishing to refer a dispute as mentioned in clause 282 shall send to the Secretary of State a written request for dispute resolution which shall include or be accompanied by-




    1. the names and addresses of the parties to the dispute;




    1. a copy of the Contract; and




    1. a brief statement describing the nature and circumstances of the dispute.




  1. Any party wishing to refer a dispute as mentioned in clause 282 must send the request under clause 283 within a period of three 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.




  1. In clauses 279 to 284 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.




  1. This Part shall survive the expiry or termination of the Contract.

PART 2277




VARIATION AND TERMINATION OF THE CONTRACT




Variation of the Contract: general





  1.  Subject to clause 200, no amendment or variation shall have effect unless it is in writing and signed by or on behalf of the PCT and the Contractor.




  1. In addition to the specific provision made in clauses 297, 303 and 341 to 346, the PCT may vary the Contract without the Contractor's consent where it—




    1. is reasonably satisfied that it is necessary to vary the Contract so as to comply with the Act, any regulations made pursuant to the Act, or any direction given by the Secretary of State pursuant to the Act; and




    1. notifies the Contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect,

and, where it is reasonably practicable to do so, the date that the proposed variation is to take effect shall be not less than 14 days after the date on which the notice under clause 288.2 is served on the Contractor.


Variation of the Contract: activity under the Contract


  1.  Where the Contractor or the PCT is of the opinion that there needs to be a variation to the number of—




    1. units of dental activity; or




    1. units of orthodontic activity,

to be provided under the Contract, clauses 290 and 291 shall apply.




  1. The Contractor or the PCT (as the case may be) shall notify the other party to the Contract in writing of its opinion of the need for a variation, specifying in that notice the variation that it considers necessary, together with its reasons.




  1. Following service of the notice referred to in clause 290, both parties shall use their best endeavours to communicate and co-operate with each other with a view to determining what (if any) variation should be made to the number of—




    1. units of dental activity; or




    1. units of orthodontic activity,

and any related variations to the Contract, including to the monies to be paid to the Contractor under the Contract, and shall, where appropriate, effect the variation in accordance with clause 287 and 288.


Variation provisions specific to a contract with an individual dental practitioner78


  1. If the 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 shall notify the PCT in writing of—




    1. the name of the person or persons with whom it proposes to practise in partnership; and




    1. 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 shall be not less than 28 days after the date upon which it has served the notice on the PCT pursuant to this clause 292.




  1.  A notice under clause 292 shall 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 clause 293.3—




    1. confirm that he is either—  




      1. a dental practitioner, or




      1. a person who satisfies the conditions specified in section 28M(2)(b) of the Act;




    1. confirm that he is a person who satisfies the conditions imposed by regulation 4 of the Regulations; and




    1. state whether or not it is to be a limited partnership, and if so, who is to be a limited and who a general partner,

and the notice shall be signed by the individual dental practitioner and by the person, or each of the persons (as the case may be), with whom he is proposing to practise in partnership.




  1. The Contractor shall ensure that any person who will practise in partnership with it is bound by the Contract, whether by virtue of a partnership deed or otherwise.




  1. If the PCT is satisfied as to the accuracy of the matters specified in clause 293 that are included in the notice, the PCT shall give notice in writing to the Contractor confirming that the Contract shall continue with the partnership entered into by the Contractor and its partners, from a date that the PCT specifies in that notice.




  1. Where it is reasonably practicable, the date specified by the PCT pursuant to clause 295 shall be the date requested in the notice served by the Contractor pursuant to clause 292, or, where that date is not reasonably practicable, the date specified shall be a date after the requested date that is as close to the requested date as is reasonably practicable.




  1. Where the Contractor has given notice to the PCT pursuant to clause 292, the PCT— 




    1. 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




    1. if it does propose to so vary the Contract, it shall include in the notice served on the Contractor pursuant to clause 295 the wording of the proposed variation and the date upon which that variation is to take effect.


Variation provisions specific to a contract with two or more individuals practising in partnership79


  1.  Subject to clause 301, where the Contractor consists of two or more individuals practising in partnership, in the event that the partnership is terminated or dissolved, the Contract shall only continue with one of the former partners if that partner is— 




    1. nominated in accordance with clause 300; and




    1. a dental practitioner,

and provided that the requirements in clauses 299 and 300 are met.




  1. The Contractor shall notify the PCT in writing at least 28 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 clause 298.




  1. A notice under clause 299 shall— 




    1. specify the date on which the Contractor proposes to change its status from that of a partnership to that of an individual dental practitioner;




    1. specify the name of the dental practitioner with whom the Contract will continue, which must be one of the partners; and




    1. be signed by all of the persons who are practising in partnership.




  1. If a partnership is terminated or dissolved because, in a partnership consisting of two individuals practising in partnership, one of the partners has died, clauses 298 to 300 shall not apply and— 




    1. the Contract shall continue with the individual who has not died only if that individual is a dental practitioner; and




    1. that individual shall in any event notify the PCT in writing as soon as is reasonably practicable of the death of his partner.




  1. When the PCT receives a notice pursuant to clause 299 or 301.2, it shall acknowledge in writing receipt of the notice, and in relation to a notice served pursuant to clause 299, the PCT shall do so before the date specified pursuant to clause 300.1.




  1. Where the Contractor gives notice to the PCT pursuant to clause 299 or 301.2, the PCT 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.




  1. If the PCT varies the Contract pursuant to clause 303, it shall notify the Contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.


Termination by agreement


  1. The PCT and the Contractor may agree in writing to terminate the Contract, and if the parties so agree, they shall agree the date upon which that termination should take effect and any further terms upon which the Contract should be terminated.


Termination on the death of an individual dental practitioner80


  1. Where the Contract is with an individual dental practitioner and that practitioner dies, the Contract shall terminate at the end of the period of 28 days after the date of his death unless, before the end of that period—




    1. subject to clause 307, the PCT 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 days; and




    1. the Contractor’s personal representatives have confirmed in writing to the PCT 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.




  1. Where the PCT 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 3 month period referred to in clause 306.1 may be extended by a period not exceeding 6 months as may be agreed.




  1. Clause 306 does not affect any other rights to terminate the Contract which the PCT may have under clauses 316 to 340.


Termination by the Contractor81


  1. The Contractor may terminate the Contract by serving notice in writing on the PCT at any time.




  1. Where the Contractor serves notice pursuant to clause 309, the Contract shall terminate on a date three months after the date on which the notice is served ("the termination date"), save that if the termination date is not the last calendar day of a month, the Contract shall instead terminate on the last calendar day of the month in which the termination date falls.




  1. Clauses 309, 310 and 312 to 314 are without prejudice to any other rights to terminate the Contract that the Contractor may have.


Late payment notices


  1. The Contractor may give notice in writing (a "late payment notice") to the PCT if the PCT has failed to make any payments due to the Contractor in accordance with Part 14 of the Contract, and the Contractor shall specify in the late payment notice the payments that the PCT has failed to make in accordance with the Contract.




  1. Subject to clause 314, the Contractor may, at least 28 days after having served a late payment notice, terminate the Contract by a further written notice if the PCT 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 PCT pursuant to clause 312.




  1. If, following receipt of a late payment notice, the PCT refers the matter to the NHS dispute resolution procedure within 28 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 clause 313 until—




    1. there has been a determination of the dispute pursuant to paragraph 56 of Schedule 3 to the Regulations and that determination permits the Contractor to terminate the Contract; or




    1. the PCT ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.


Termination by the PCT: general


  1.  The PCT may only terminate the Contract in accordance with this Part.


Termination by the PCT: Contractor no longer eligible to enter into and breach of conditions of the Contract82


  1.  Subject to clause 317, the PCT shall serve notice in writing on the Contractor terminating the Contract forthwith if—




    1. the Contract was entered into pursuant to section 28M(1)(a) of the Act; and




    1. the Contractor is no longer a dental practitioner.




  1. Where the Contractor ceases to be a dental practitioner by virtue of a suspension specified in clause 321, clause 316 shall not apply unless—




    1. the Contractor is unable to satisfy the PCT that it has in place adequate arrangements for the provision of dental services under the Contract for so long as the suspension continues; or




    1. the PCT is satisfied that the circumstances of the suspension are such that if the Contract is not terminated forthwith—




      1. the safety of the Contractor’s patients is at serious risk, or




      1. the PCT is at risk of material financial loss.




  1. Except in a case to which clause 301 applies, where the Contractor is two or more persons practising in partnership and the condition prescribed in section 28M(2)(a) of the Act is no longer satisfied, the PCT shall—




    1. serve notice in writing on the Contractor terminating the Contract forthwith; or




    1. serve notice in writing on the Contractor confirming that the PCT will allow the Contract to continue for a period specified by the PCT in accordance with clause 319 (the “interim period”) if the PCT is satisfied that the Contractor has in place adequate arrangements for the provision of dental services for the interim period.




  1. The period specified by the PCT under clause 318.2 shall not exceed—




    1. six months; or




    1. in a case where the failure of the Contractor to continue to satisfy the condition in section 28M(2)(a) of the Act is the result of a suspension referred to in clause 321, the period for which that suspension continues.




  1. Where the Contract was entered into pursuant to section 28M(1)(b) of the Act, but the Contractor ceases to be a dental corporation, the PCT shall serve notice in writing on the Contractor terminating the Contract forthwith.




  1. The suspensions referred to in clauses 317 and 319.2 are—




    1. until the coming into force of article 18 of the Dentists Act Order




      1. suspension by the Health Committee of the General Dental Council under section 28 of the Dentists Act (powers of the Health Committee),




      1. suspension by the Professional Conduct Committee or the Health Committee of the General Dental Council under section 30(3) of the Dentists Act (orders for immediate suspension), or




      1. suspension by the Preliminary Proceedings Committee of the General Dental Council under section 32 of the Dentists Act (orders for interim suspension); or




    1. from the coming into force of article 18 of the Dentists Act Order for all purposes-




      1. suspension by the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under section 27B or 27C of the Dentists Act, except under section 27C(1)(d) (indefinite suspension), following a relevant determination,




      1. suspension by the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under section 30(1) of the Dentists Act (orders for immediate suspension), or




      1. suspension by the Health Committee, the Professional Performance Committee, the Professional Conduct Committee or the Interim Orders Committee of the General Dental Council under section 32 of the Dentists Act (interim orders).




    1. For the purposes of clause 321.2.1, a “relevant determination” is a determination that a person’s fitness to practice is impaired based solely on the ground mentioned in section 27(2)(b) of the Dentists Act (deficient professional performance) or section 27(2)(c) of the Dentists Act (adverse physical or mental health).


Termination by the PCT for the provision of untrue etc. information



  1.  The PCT may serve notice in writing on the Contractor terminating the Contract forthwith, 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 PCT that written information provided to the PCT by the Contractor—




    1. before the Contract was entered into; or




    1. pursuant to clause 232,

in relation to the conditions set out in regulation 4 or 5 of the Regulations (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.


Termination by the PCT on grounds of suitability etc


  1. The PCT may serve notice in writing on the Contractor terminating the Contract forthwith, or from such date as may be specified in the notice if  




    1. in the case of a contract with a dental practitioner, that dental practitioner;




    1. in the case of a contract with two or more individuals practising in partnership, any individual or the partnership; and




    1. in the case of a contract with a dental corporation, the corporation, or any director, chief executive or secretary of the corporation,

falls within clause 324 during the existence of the Contract or, if later, on or after the date on which a notice in respect of his compliance with the conditions in regulation 4 or 5 of the Regulations was given under clause 232.




  1. A person falls within this clause if— 




    1. he or it is the subject of a national disqualification;




    1. subject to clause 325, he or it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation or a suspension on the grounds of ill-health) from practising by any licensing body anywhere in the world;




    1. subject to clause 326, he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless before the PCT has served a notice terminating the Contract pursuant to this clause, he is employed by the health service body that dismissed him or by another health service body;




    1. he or it is removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act respectively) unless his name has subsequently been included in such a list;




    1. he has been convicted in the United Kingdom of—




      1. murder, or




      1. a criminal offence other than murder, committed on or after 14th December 2001, and has been sentenced to a term of imprisonment of over six months;




    1. subject to clause 327, he has been convicted outside the United Kingdom of an offence—




      1. which would, if committed in England and Wales, constitute murder, or




      1. committed on or after 14th December 2001, 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 six months;

324.7 he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 or Schedule 1 to the Criminal Procedure (Scotland) Act 1995;


324.8 he or it has— 
324.8.1 been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled,
324.8.2 been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, unless that order has ceased to have effect or has been annulled,
324.8.3 made a composition or arrangement with, or granted a trust deed for, his or its creditors unless he or it has been discharged in respect of it, or
324.8.4 been wound up under Part IV of the Insolvency Act 1986;
324.9 there is— 
324.9.1 an administrator, administrative receiver or receiver appointed in respect of it, or
324.9.2 an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;
324.10 that person is a partnership and— 
324.10.1 a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator, or
324.10.2 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;
324.11 he has been— 
324.11.1 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 he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
324.11.2 removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, from being concerned in the management or control of any body;
324.12 he is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986; or
324.13 he has refused to comply with a request by the PCT for him to be medically examined on the grounds that it is concerned that he is 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 PCT is not satisfied that the Contractor is taking adequate steps to deal with the matter.


  1. The PCT shall not terminate the Contract pursuant to clause 324.2 where the PCT is satisfied that the disqualification or suspension imposed by a licensing body outside the United Kingdom does not make the person unsuitable to be— 




    1. a contractor;




    1. a partner, if this Contract is with two or more individuals practising in partnership; or




    1. if this Contract is with a dental corporation, a director, chief executive or secretary of the corporation.




  1. The PCT shall not terminate the Contract pursuant to clause 324.3—




    1. until a period of at least three months has elapsed since the date of the dismissal of the person concerned; or




    1. if, during the period of time specified in clause 326.1, the person concerned brings proceedings in any competent tribunal or court in respect of his dismissal, until proceedings before that tribunal or court are concluded,

and the PCT may only terminate the Contract at the end of the period specified in clause 326.2 if there is no finding of unfair dismissal at the end of those proceedings.




  1. The PCT shall not terminate the Contract pursuant to clause 324.6 where the PCT is satisfied that the conviction does not make the person unsuitable to be—




    1. a contractor;




    1. a partner, if the Contract is with two or more individuals practising in partnership; or

if the Contract is with a dental corporation, a director, chief executive or secretary of the corporation.


Termination by the PCT: patient safety and material financial loss


  1.  The PCT may serve notice in writing on the Contractor terminating the Contract forthwith or with effect from such date as may be specified in the notice if— 




    1. the Contractor has breached the Contract and as a result of that breach, the safety of the Contractor's patients is at serious risk if the Contract is not terminated; or




    1. the Contractor's financial situation is such that the PCT considers that the PCT is at risk of material financial loss.


Termination by the PCT: remedial notices and breach notices


  1. Where the Contractor has breached the Contract other than as specified in clauses 322 to 328 and the breach is capable of remedy, the PCT shall, 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").




  1. A remedial notice shall specify— 




    1. details of the breach;




    1. the steps the Contractor must take to the satisfaction of the PCT in order to remedy the breach; and




    1. the period during which the steps must be taken ("the notice period").




  1. The notice period shall, unless the PCT is satisfied that a shorter period is necessary to— 




    1. protect the safety of the Contractor's patients; or




    1. protect itself from material financial loss,

be no less than 28 days from the date that notice is given.




  1. Where the PCT is satisfied that the Contractor has not taken the required steps to remedy the breach by the end of the notice period, the PCT may terminate the Contract with effect from such date as the PCT may specify in a further notice to the Contractor.




  1. Where the Contractor has breached the Contract other than as specified in clauses 322 to 328 and the breach is not capable of remedy, the PCT may serve notice on the Contractor requiring the Contractor not to repeat the breach ("breach notice").




  1. If, following a breach notice or a remedial notice, the Contractor—




    1. repeats the breach that was the subject of the breach notice or the remedial notice; or




    1. otherwise breaches the Contract resulting in either a remedial notice or a further breach notice,

the PCT may serve notice on the Contractor terminating the Contract with effect from such date as may be specified in that notice.




  1. The PCT shall not exercise its right to terminate the Contract under clause 334 unless it is satisfied that the cumulative effect of the breaches is such that the PCT considers that to allow the Contract to continue would be prejudicial to the efficiency of the services to be provided under the Contract.




  1. If the Contractor is in breach of any obligation and a breach notice or a remedial notice in respect of that breach has been given to the Contractor, the PCT 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.


Termination by the PCT: additional provisions specific to contracts with [two or more individuals practising in partnership] [dental corporations]83


  1. Where the Contractor is a dental corporation, if the PCT becomes aware that the Contractor is carrying on any business which the PCT considers to be detrimental to the Contractor's performance of its obligations under the Contract—




    1. the PCT shall be 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 days beginning on the day on which the notice is given ("the notice period"); and




    1. if the Contractor has not satisfied the PCT that it has ceased carrying on that business by the end of the notice period, the PCT may, by a further written notice, terminate the Contract forthwith or from such date as may be specified in the notice.




  1. Where the Contractor is a dental corporation and on or after the coming into force for all purposes of article 39 of the Dentists Act Order during the existence of the Contract—




    1. the majority of the directors of the dental corporation cease to be either dental practitioners or dental care professionals;




    1. the dental corporation has been convicted of an offence under section 43(1) of the Dentists Act; or




    1. the dental corporation, or a director or former director of that corporation, has had a financial penalty imposed on it or him by the General Dental Council pursuant to section 43B or 44 of the Dentists Act,

the PCT 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.




  1. Where the Contractor is two or more persons practising in partnership, the PCT shall be 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 PCT 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 PCT to perform its obligations under the Contract.




  1. A notice given to the Contractor pursuant to clause 339 shall specify—




    1. the date upon which the Contract is to be terminated; and




    1. the PCT’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 PCT to perform its obligations under the Contract.


Contract sanctions


  1. In clauses 342 to 350, "contract sanction" means— 




    1. termination of specified reciprocal obligations under the Contract;




    1. suspension of specified reciprocal obligations under the Contract for a period of up to six months; or




    1. withholding or deducting monies otherwise payable under the Contract.




  1. Where the PCT is entitled to terminate the Contract pursuant to clauses 322 to 328, 332, 334 or 337 to 340, it may instead impose any of the contract sanctions if the PCT is reasonably satisfied that the contract sanction to be imposed is appropriate and proportionate to the circumstances giving rise to the PCT’s entitlement to terminate the Contract.




  1. The PCT shall not, under clause 342, be 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.




  1. If the PCT 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 will be imposed and provide in that notice an explanation of the effect of the imposition of that sanction.




  1. Subject to clauses 347 to 350, the PCT shall not impose the contract sanction until at least 28 days after it has served notice on the Contractor pursuant to clause 344 unless the PCT is satisfied that it is necessary to do so in order to— 




    1. protect the safety of the Contractor's patients; or




    1. protect itself from material financial loss.




  1. Where the PCT imposes a contract sanction, the PCT shall be entitled to charge the Contractor the reasonable costs of additional administration that the PCT has incurred in order to impose, or as a result of imposing, the contract sanction.


Contract sanctions and the NHS dispute resolution procedure


  1. If there is a dispute between the PCT and the Contractor in relation to a contract sanction that the PCT is proposing to impose, the PCT shall not, subject to clause 350, impose the proposed contract sanction except in the circumstances specified in clause 348.1 or 348.2.




  1. If the Contractor refers the dispute relating to the contract sanction to the NHS dispute resolution procedure within 28 days beginning on the date on which the PCT served notice on the Contractor in accordance with clause 344 (or such longer period as may be agreed in writing with the PCT), and notifies the PCT in writing that it has done so, the PCT shall not impose the contract sanction unless— 




    1. there has been a determination of the dispute pursuant to paragraph 56 of Schedule 3 to the Regulations and that determination permits the PCT to impose the contract sanction; or




    1. the Contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.




  1. If the Contractor does not invoke the NHS dispute resolution procedure within the time specified in clause 348, the PCT shall be entitled to impose the contract sanction forthwith.




  1. If the PCT is satisfied that it is necessary to impose the contract sanction before the NHS dispute resolution procedure is concluded in order to—




      1. protect the safety of the Contractor's patients; or




      1. protect itself from material financial loss,

the PCT shall be entitled to impose the contract sanction forthwith, pending the outcome of that procedure.


Termination and the NHS dispute resolution procedure


  1. Where the PCT is entitled to serve written notice on the Contractor terminating the Contract pursuant to clauses 322 to 328, 332, 334 or 337 to 340, the PCT shall, 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 days after the date on which the PCT has served that notice on the Contractor unless clause 352 applies.




  1. This clause applies if the PCT is satisfied that a period less than 28 days is necessary in order to— 




    1. protect the safety of the Contractor's patients; or




    1. protect itself from material financial loss.




  1. In a case falling within clause 351, where the exceptions in clause 352 do not apply, where the Contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in clause 351, and it notifies the PCT in writing that it has done so, the Contract shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in clause 354.




  1. The Contract shall only terminate if and when— 




    1. there has been a determination of the dispute pursuant to paragraph 56 of Schedule 3 to the Regulations and that determination permits the PCT to terminate the Contract; or




    1. the Contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.




  1. If the PCT is satisfied that it is necessary to terminate the Contract before the NHS dispute resolution procedure is concluded in order to— 




    1. protect the safety of the Contractor's patients; or




    1. protect itself from material financial loss,

clauses 353 and 354 shall not apply and the PCT shall be entitled to confirm, by written notice to be served on the Contractor, that the Contract will nevertheless terminate at the end of the period of the notice it served pursuant to clause clauses 322 to 328, 332, 334 or 337 to 340.



Consequences of termination84





  1. The termination of the Contract, for whatever reason, is without prejudice to the accrued rights of either party under the Contract.




  1. On the termination of the Contract for any reason, the Contractor shall-




    1. subject to the requirements of this clause, cease performing any work or carrying out any obligations under the Contract;




    1. co-operate with the PCT to enable any outstanding matters under the Contract to be dealt with or concluded in a satisfactory manner;




    1. co-operate with the PCT to enable the Contractor’s patients to be transferred to one or more other contractors or providers of mandatory services (or their equivalent), which include providing reasonable information about individual patients to such other appropriate person or persons as the PCT specifies;




    1. [If the PCT has lent any property such as computer hardware and software, drugs, appliances or dental equipment which may be in the Contractor’s possession or control, the contract may include provision for the return of such property here ];




  1. Subject to clauses 359 to 361, the PCT’s obligation to make payments to the Contractor in accordance with the Contract shall cease on the date of termination of the Contract.




  1. On termination of the Contract or termination of any obligations under the Contract for any reason, the PCT shall perform a reconciliation of the payments made by the PCT to the Contractor and the value of the work undertaken by the Contractor under the Contract. The PCT shall serve the Contractor with written details of the reconciliation as soon as reasonably practicable, and in any event no later than four months after the termination of the Contract, in respect of all outstanding payments due to the contractor from the PCT and any patient charges due to be paid by the contractor to the PCT (pursuant to paragraph 11.19 of the General Dental Services Statement of Financial Entitlement).




  1. If the Contractor disputes the accuracy of the reconciliation, the Contractor may refer the dispute to the NHS dispute resolution procedure in accordance with the terms of the Contract within 28 days beginning on the date on which the PCT served the Contractor with written details of the reconciliation. The parties shall be bound by the determination of the dispute.

360A. Pursuant to paragraph 11.21 of the General Dental Services Statement of Financial Entitlement, if after 2 months of the reconciliation statement being produced by the PCT the Contractor has not disputed the reconciliation statement, that reconciliation statement will be the amount either payable to the Contractor or recoverable from the Contractor, whether or not, if the reconciliation statement had been disputed, that would have led to an amended reconciliation.




  1. Each party shall pay the other any monies due within three months of the date on which the PCT served the Contractor with written details of the reconciliation, or the conclusion of the NHS dispute resolution procedure, as the case may be.




  1. The obligations contained in clauses 357 to 361 shall continue to apply notwithstanding the termination of the Contract.
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