The Functions of the National Health Service Commissioning Board and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2013

Made: 1st March 2013

Laid before Parliament: 6th March 2013

Coming into force: 1st April 2013

The Secretary of State has consulted the Board in relation to the functions to be exercised by the Authority under these Regulations as required by section 7(1B)[^f00002] of the 2006 Act.

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Functions of the National Health Service Commissioning Board and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2013 and come into force on 1st April 2013.

• (2) In these Regulations—

• “the 2006 Act” means the National Health Service Act 2006;

• “the 2006 Regulations” means the Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006[^f00003];

• “the Authority” means the NHS Business Services Authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005[^f00004];

• ...

• “contractor” means a person, other than NHS England, who is a party to a GDS Contract or a PDS Agreement;

• “Capitation and Quality Scheme 2 Agreement” has the meaning given in regulation 2 of the GDS Contracts Regulations (interpretation);

• “dental practitioner” has the meaning given in paragraph 7 of Schedule 5 to the National Health Service Pension Scheme Regulations 2015 (membership gateways – medical practitioners and dental practitioners);

• “GDS Contract” is a contract within the meaning of section 100 of the 2006 Act (general dental services contracts: introductory)[^f00006];

• “GDS Contracts Regulations” means the National Health Service (General Dental Services Contracts) Regulations 2005[^f00007];

• “NHS England” means the body corporate established under section 1H of the 2006 Act;

• “PDS Agreement” means an agreement within the meaning of section 107 of the 2006 Act (arrangements by NHS England for the provision of primary dental services)[^f00008];

• “PDS Agreements Regulations” means the National Health Service (Personal Dental Services Agreements) Regulations 2005[^f00009];

• “Primary Care Trust” means the body, which until the date section 34 (abolition of Primary Care Trusts) of the Health and Social Care Act 2012[^f00010] comes into force, is the Primary Care Trust which was a party to the GDS contract; and

• “prototype agreement” has the meaning given in regulation 2 of the GDS Contracts Regulations (interpretation);

• “Relevant Body” means the body which, until the date sections 33 (abolition of Strategic Health Authorities) or 34 (abolition of Primary Care Trusts) of the Health and Social Care Act 2012 comes into force, is the Primary Care Trust, or the Strategic Health Authority, which was a party to the PDS Agreement;

• “scheme manager” has the meaning given in Schedule 15 to the National Health Service Pension Scheme Regulations 2015 (definitions).

• (3) In these Regulations, any reference to a GDS Contract or a PDS Agreement includes a reference to such a contract or agreement that has been varied to be a Capitation and Quality Scheme 2 Agreement or a prototype agreement.

Functions of the Board exercisable by the Authority

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• (1) The functions of NHS England relating to primary dental services in England under the provisions specified in column 1 of the Schedule in respect of the matters indicated in column 2 of that Schedule are to be exercised by the Authority.

• (2) The Authority must exercise the functions set out in column 3 of the Schedule which are ancillary, related or supplemental to the functions set out in column 2 of that Schedule.

• (3) In the case of the function of NHS England of making payments under directions under—

• (a) section 103(1) of the 2006 Act, as regards GDS Contracts, referred to in entry (a) of column 2, relating to entry 1 in column 1, of the Schedule; and

• (b) section 109(4) of the 2006 Act, as regards PDS Agreements, referred to in entry (a) of column 2, relating to entry 3 in column 1, of the Schedule,

NHS England may only itself exercise the function where the Authority is unable to do so for reasons other than a failure by NHS England to co-operate in a reasonable manner with it.

• (4) In so far as these Regulations provide for the Authority to exercise a function under paragraph (1) of this regulation, and column 2 of the Schedule—

• (a) any act or omission of the Authority in the exercise of the function must be treated solely as an act or omission of NHS England; and

• (b) any obligation, right or liability arising from the terms of the GDS Contract or PDS Agreement which gives rise to the functions specified in column 1 of the Schedule remain solely with NHS England and must not transfer to the Authority notwithstanding that the function is exercisable or was exercised by the Authority.

• (5) The contractor may not refuse to carry out any obligation or requirement, or claim for breach of contract under the terms of the GDS Contract or PDS Agreement, on the ground that NHS England has failed to comply with a corresponding obligation or requirement under the terms of that Contract or Agreement, if the Authority has exercised the function which gave rise to those obligations or requirements.

• (6) Except as provided in paragraph (7), where the Authority is given the function under these Regulations of receiving or being given access to records, forms, documents or information, or of requesting any records, forms, documents or information, the contractor must—

• (a) send or give access to such records, forms, documents or information to the Authority; and

• (b) upon sending or giving access to such records, forms, documents or information to the Authority, be treated as having complied with the terms of the GDS Contract or PDS Agreement which give rise to the obligation or requirement to do so.

• (7) Where NHS England requests under the GDS Contract or PDS Agreement the contractor to send or give access to records, forms, documents or information under paragraph 35, 37 or 44 of Schedule 3 to the GDS Contracts Regulations, or paragraph 36, 38 or 44 of Schedule 3 to the PDS Agreements Regulations, the contractor must send or give access to such records, forms, documents or information to NHS England notwithstanding the fact that it may have provided that record, form, document or information to the Authority or may be under an obligation to do so.

Transitional provision relating to continuity of the validity of forms

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Any form supplied by a Primary Care Trust in the case of a GDS Contract, or a Relevant Body in the case of a PDS Agreement, continues to be a valid form in relation to NHS England until it is cancelled or withdrawn by NHS England.

Transitional provision relating to functions exercisable by the Authority

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Where any matter under the 2006 Regulations is ongoing immediately before 1st April 2013, that matter is to be treated as ongoing under these Regulations—

• (a) but with NHS England instead of the Primary Care Trust in the case of a GDS Contract, or Relevant Body in the case of a PDS Agreement, responsible for that matter; and

• (b) NHS England is entitled to rely on any actions already undertaken by the Primary Care Trust in the case of a GDS Contract, or Relevant Body in the case of a PDS Agreement, in relation to that matter; and

• (c) any action of the Authority exercising functions on behalf of the Primary Care Trust in the case of a GDS Contract, or Relevant Body in the case of a PDS Agreement, is to be treated as an action in relation to such functions taken by the Authority on behalf of NHS England.

Revocations

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The following Regulations are revoked—

• (a) the 2006 Regulations; and.

• (b) regulation 5 of the National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012[^f00011].

SCHEDULE — Functions of NHS England exercisable by the Authority