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

Type Welsh-Statutory-Instrument
Publication 2026-02-09
Last updated 2026-03-11
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
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  • (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.

Termination by the contractor

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.

Late payment notices

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.

Termination by the Local Health Board: general

64

The Local Health Board may only terminate the contract in accordance with the provisions in this Part.

Termination by the Local Health Board: no longer eligible to enter into and breach of conditions of the contract

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—
1.

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,

2.

suspension by a Practice Committee under section 30(1) of the 1984 Act (orders for immediate suspension and immediate conditional registration), or

3.

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).

Termination by the Local Health Board for the provision of untrue etc. information

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.

Termination by the Local Health Board on grounds of suitability etc.

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[^f00039], the Companies (Northern Ireland) Order 1986[^f00040] 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.

Termination by the Local Health Board: patient safety and material financial loss

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.

Termination by the Local Health Board: remedial notices and breach of contract notices

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.

Termination by the Local Health Board: additional provisions specific to contracts with two or more individuals practising in partnership and dental corporations

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.

Contract sanctions

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.

Contract sanctions and the NHS dispute resolution procedure

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.

Termination and the NHS dispute resolution procedure

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.

PART 9 — MISCELLANEOUS

Evidence of exemption under the 2006 Act

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.

Clinical governance arrangements

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.

Quality assurance system

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.

Insurance: negligent performance

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.

Public liability insurance

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.

Gifts

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.

Compliance with legislation and guidance

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.

Third party rights

81

The contract must not create any right enforceable by any person not a party to it.

Signing of documents

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.

Duty of co-operation: cluster working

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.

Schedule 4 — PATIENT INFORMATION LEAFLET

A patient information leaflet must include the items listed below.

Schedule 5 — CHARGES

Charges for the provision of dental services

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.

Exemptions

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.

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.

Charges

4

The charges which may be made and recovered under paragraph 1 are as set out in table 1 below—

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.

Referral

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.

Making and recovery of charges

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.

Repayment of charges

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.

Accounting for charges in relation to payments

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.

Central collection and electronic processes

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.

Schedule 6 — AMENDMENTS

The National Health Service (Dental Charges) (Wales) Regulations 2006

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.

The National Health Service (Personal Dental Services Agreements) (Wales) 2006

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[^f00041];
  • 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—

(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—

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—

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

Signed

Jeremy Miles — Cabinet Secretary for Health and Social Care, one of the Welsh Ministers — 9 February 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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—

1.

the parties and duration of the contract (regulations 10 and 13);

2.

the mandatory services to be provided (regulation 14) and the standard proportions of those services (regulation 17);

3.

delivery reports (regulations 20 and 24);

4.

finance (regulation 30);

5.

payment, charges and financial interests (regulation 31);

6.

arrangements on termination (regulation 32);

7.

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.

Footnotes

[^f00001]: 2006 c. 42.

[^f00002]: 1984 c. 24.

[^f00003]: 1986 c. 45.

[^f00004]: 1989 c. 41.

[^f00005]: S.I. 2005/2011.

[^f00006]: S.I. 2006/490 (W. 59).

[^f00007]: S.I. 2006/491 (W. 60).

[^f00008]: S.I. 2006/489 (W. 58).

[^f00009]: S.I. 2011/704 (W. 108).

[^f00011]: 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.

[^f00012]: S.I. 2020/1451 (W. 313).

[^f00013]: 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.

[^f00014]: 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.

[^f00015]: 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).

[^f00016]: 2003 c. 21.

[^f00017]: 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.

[^f00018]: S.I. 2005/2011.

[^f00019]: 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).

[^f00020]: 1995 c. 46.

[^f00021]: 1986 c. 45. Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c. 40).

[^f00022]: 1986 c. 45. Schedule 4ZB was inserted by the Tribunals, Court and Enforcement Act 2007 (c. 15) Schedule 19, paragraph 1.

[^f00023]: 2005 asp 10.

[^f00024]: 1986 c. 46.

[^f00025]: 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.

[^f00026]: 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.

[^f00029]: 2010 c. 15.

[^f00030]: 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).

[^f00031]: This guidance is available from NICE’s website, www.nice.org.uk.

[^f00032]: S.I. 2002/618 as amended by S.I.2008/2986, S.I. 2013/2327 and S.I.2020/1478.

[^f00033]: 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.

[^f00034]: S.I. 2011/704.

[^f00035]: 2000 c. 36.

[^f00036]: 2005 c. 9.

[^f00037]: 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.

[^f00038]: 1994 c. 39.

[^f00039]: 1986 c. 46.

[^f00040]: S.I. 1986/1032 (N.I. 6).

[^f00041]: 2006 c. 42.

Timing of prevention services

Editorial notes

[^key-0053f356a725c8ab2cc47100008ce8f7]: Sch. 3 para. 65 in force at 11.3.2026, see reg. 1(2)

[^key-00d3ea2580818a8486130953acbcca7e]: Sch. 3 para. 61 in force at 11.3.2026, see reg. 1(2)

[^key-04e561ed3d510157dcff9b3cabb0768b]: Sch. 3 para. 22 in force at 11.3.2026, see reg. 1(2)

[^key-0525abb09c21aa3089dd3301a502973d]: Sch. 3 para. 46 in force at 11.3.2026, see reg. 1(2)

[^key-05e14cb5047bc001f8e8c16d918a422a]: Sch. 1 para. 15 in force at 11.3.2026, see reg. 1(2)

[^key-06ed37b190288251b5a957fab49c8735]: Sch. 1 para. 40 in force at 11.3.2026, see reg. 1(2)

[^key-06f345a016d6f9973d728295b6c7cec6]: Sch. 1 para. 46 in force at 11.3.2026, see reg. 1(2)

[^key-075bb91e15a63ca073561d1e2877c29e]: Reg. 18 in force at 11.3.2026, see reg. 1(2)

[^key-0788e27bb428f83cab8abaea79ec662d]: Sch. 3 para. 41 in force at 11.3.2026, see reg. 1(2)

[^key-09de18a8cac0ee3c2256c52d6903c198]: Reg. 9 in force at 11.3.2026, see reg. 1(2)

[^key-0b2e5ee6c6e80257ffe89a273ad478d1]: Sch. 3 para. 79 in force at 11.3.2026, see reg. 1(2)

[^key-0bafaf5867ed892faa4c317852ec0db3]: Sch. 1 para. 34 in force at 11.3.2026, see reg. 1(2)

[^key-0f0add4f2361f2abc908eacd9a7489eb]: Sch. 3 para. 33 in force at 11.3.2026, see reg. 1(2)

[^key-10cadeadb9f0b90c25fc2921b27af36b]: Reg. 1 in force at 11.3.2026, see reg. 1(2)

[^key-114021116360e83df00919ac9d6be5dd]: Sch. 3 para. 47 in force at 11.3.2026, see reg. 1(2)

[^key-1228db47c3c0739ce5565a0a60bc51e5]: Reg. 21 in force at 11.3.2026, see reg. 1(2)

[^key-12fb4e316af68f08c842606becaf19d8]: Sch. 1 para. 4 in force at 11.3.2026, see reg. 1(2)

[^key-170614a3d0ea87294aa5a3e0fcdc7821]: Sch. 3 para. 17 in force at 11.3.2026, see reg. 1(2)

[^key-17a67a30fbf2c361998f8de24ed9a742]: Sch. 1 para. 10 in force at 11.3.2026, see reg. 1(2)

[^key-17db03d23efc8f4326496d1828b139fd]: Sch. 3 para. 62 in force at 11.3.2026, see reg. 1(2)

[^key-17ef08cd5d4e63bc02f03fe71bde171e]: Reg. 31 in force at 11.3.2026, see reg. 1(2)

[^key-184049cbe37fd93ef45d48e25a688e02]: Reg. 34 in force at 11.3.2026, see reg. 1(2)

[^key-19ee0e13c5018b841c43e4e740649862]: Sch. 3 para. 3 in force at 11.3.2026, see reg. 1(2)

[^key-1a6c7959686af9ac1b917167a142578c]: Sch. 3 para. 8 in force at 11.3.2026, see reg. 1(2)

[^key-1ad8d9122568acc138f77bb464de972b]: Sch. 1 para. 7 in force at 11.3.2026, see reg. 1(2)

[^key-1bad959a0990fe93884efc6096744f34]: Sch. 3 para. 10 in force at 11.3.2026, see reg. 1(2)

[^key-1ce414752fecaee7cb82e9b1d068afef]: Sch. 3 para. 78 in force at 11.3.2026, see reg. 1(2)

[^key-218ea30bbdfa75f46dabe30c6bec8a29]: Reg. 26 in force at 11.3.2026, see reg. 1(2)

[^key-22cfa381e474f1a75876a52a2b846fa3]: Sch. 3 para. 49 in force at 11.3.2026, see reg. 1(2)

[^key-242f92f89ba40b864feb05a18b5abc47]: Sch. 1 para. 41 in force at 11.3.2026, see reg. 1(2)

[^key-2601691363fad41ab59bd827595250fc]: Sch. 5 para. 6 in force at 11.3.2026, see reg. 1(2)

[^key-270cdc543f69b40ad9f8b8aecb467cf1]: Sch. 3 para. 40 in force at 11.3.2026, see reg. 1(2)

[^key-28598dc6a06950e760e79d9855e3e502]: Sch. 1 para. 38 in force at 11.3.2026, see reg. 1(2)

[^key-28fbd1ef7589940853f73dee5f92fe54]: Sch. 3 para. 30 in force at 11.3.2026, see reg. 1(2)

[^key-29c0071443acb163c4fa49d05fc85757]: Reg. 40 in force at 11.3.2026, see reg. 1(2)

[^key-2a00b720db39ad24e2af7a5e13fc8da7]: Sch. 5 para. 3 in force at 11.3.2026, see reg. 1(2)

[^key-2a41cdb7d31e1962646449c2e1e03a33]: Reg. 43 in force at 1.4.2026, see reg. 1(2)

[^key-2a94cc59b777b6de1a1b708ca48241ec]: Reg. 10 in force at 11.3.2026, see reg. 1(2)

[^key-2b2fb62c763bc9dc125fbc16e10c907b]: Sch. 3 para. 66 in force at 11.3.2026, see reg. 1(2)

[^key-2d8259859963df3e5716828974455ded]: Reg. 27 in force at 11.3.2026, see reg. 1(2)

[^key-2f47e7f4fb44ec6a0bae79e51182557c]: Sch. 1 para. 12 in force at 11.3.2026, see reg. 1(2)

[^key-328f66a96dc781855698a0025af33bff]: Reg. 29 in force at 11.3.2026, see reg. 1(2)

[^key-33c1180070a40a75d3dd07211d50f044]: Sch. 3 para. 56 in force at 11.3.2026, see reg. 1(2)

[^key-34e2ee8e1c3cca20b03a3953d0190015]: Reg. 12 in force at 11.3.2026, see reg. 1(2)

[^key-376f6a51f1a72c8532d4f95bfb399970]: Sch. 3 para. 24 in force at 11.3.2026, see reg. 1(2)

[^key-377fca6466b8adccb8dab1dac877c9de]: Reg. 3 in force at 11.3.2026, see reg. 1(2)

[^key-3c0b285caaa11fb3690780824caadae0]: Reg. 33 in force at 11.3.2026, see reg. 1(2)

[^key-3cf115d4da5ef785031020fefa30b3de]: Sch. 1 para. 11 in force at 11.3.2026, see reg. 1(2)

[^key-3dc3638f5648225d05b3d898a357d51a]: Sch. 1 para. 21 in force at 11.3.2026, see reg. 1(2)

[^key-3e77586a17a00652d7437a43bfdf6744]: Sch. 3 para. 1 in force at 11.3.2026, see reg. 1(2)

[^key-400445554e00841a89790867231d64ad]: Sch. 3 para. 16 in force at 11.3.2026, see reg. 1(2)

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