The National Health Service (Primary Dental Services and General Ophthalmic Services) (Miscellaneous Amendments and Transitional Provision) Regulations 2015

• Citation: S.I. 2015/416
• Sections: 12

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Primary Dental Services and General Ophthalmic Services) (Miscellaneous Amendments and Transitional Provision) Regulations 2015.

(2) This regulation and regulations 3, 4, 7 and 8 come into force on 1st April 2015.

(3) Regulations 2, 5, 6 and 9 to 12 come into force on 1st July 2015.

(4) In these Regulations—

“the GDS Regulations ” means the National Health Service (General Dental Services Contracts) Regulations 2005 ;

“the GOS Regulations ” means the General Ophthalmic Services Contracts Regulations 2008 ; and

“the PDS Regulations ” means the National Health Service (Personal Dental Services Agreements) Regulations 2005 .

Section 2 Amendment of regulation 9 of the GDS Regulations

In regulation 9(7) of the GDS Regulations (health service body status), for sub-paragraph (b) substitute the following sub-paragraph—

(b) paragraph (5), where it or the Board—

(i) has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, or

(ii) refers any matter to the NHS dispute resolution procedure, in accordance with paragraph 54(1)(a) of Schedule 3, after it ceases to be a health service body,

the contractor is to continue to be treated as a health service body (and accordingly the contract is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute; or

Section 3 Amendment of regulation 24B of the GDS Regulations

In regulation 24B(2) of the GDS Regulations (variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement), for “31st March 2015” substitute “31st March 2016”.

Section 4 New paragraph 5A of Schedule 3 to the GDS Regulations

After paragraph 5 of Schedule 3 to the GDS Regulations (other contractual terms – irrevocable breakdown in relationship between contractor and patient) insert—

Friends and Family Test

(5A)

(1) The contractor must give all patients who use the contractor’s practice the opportunity to provide feedback about the service received from the practice through the Friends and Family Test .

(2) The contractor must—

(a) report the results of completed Friends and Family Tests to the Board; and

(b) publish the results of such completed tests ,

in the manner approved by the Board.

(3) In this paragraph, “Friends and Family Test” means the arrangements that the contractor is required by the Board to implement to enable its patients to provide anonymous feedback about the patient experience at the contractor’s practice.

Section 5 Amendment of paragraph 54 of Schedule 3 to the GDS Regulations

In paragraph 54 of Schedule 3 to the GDS Regulations (other contractual terms – dispute resolution: non-NHS contracts), for sub-paragraph (1) substitute the following sub-paragraph—

(1) In the case of a contract that is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the complaints procedure pursuant to Part 6, may be referred for consideration and determination to the Secretary of State—

(a) if it relates to a period when the contractor was a health service body, by the contractor or by the Board; or

(b) in any other case, by the contractor or, if the contractor agrees in writing, by the Board.

Section 6 Amendment of regulation 9 of the PDS Regulations

In regulation 9(7) of the PDS Regulations (health service body status), for sub-paragraph (b) substitute the following sub-paragraph—

(b) paragraph (5), where it or the Board—

(i) has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, or

(ii) refers any matter to the NHS dispute resolution procedure, in accordance with paragraph 54(1)(a) of Schedule 3, after it ceases to be a health service body,

the contractor is to continue to be treated as a health service body (and accordingly the agreement is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute; or

Section 7 Amendment of regulation 20B of the PDS Regulations

In regulation 20B(2) of the PDS Regulations (variation of contractual terms in respect of election to enter into a Capitation and Quality Scheme 2 Agreement), for “31st March 2015” substitute “31st March 2016”.

Section 8 New paragraph 5A of Schedule 3 to the PDS Regulations

After paragraph 5 of Schedule 3 to the PDS Regulations (other contractual terms – irrevocable breakdown in relationship between contractor and patient) insert—

Friends and Family Test

(5A)

(1) The contractor must give all patients who use the contractor’s practice the opportunity to provide feedback about the service received from the practice through the Friends and Family Test .

(2) The contractor must—

(a) report the results of completed Friends and Family Tests to the Board; and

(b) publish the results of such completed tests ,

in the manner approved by the Board.

(3) In this paragraph, “Friends and Family Test” means the arrangements that the contractor is required by the Board to implement to enable its patients to provide anonymous feedback about the patient experience at the contractor’s practice.

Section 9 Amendment of paragraph 54 of Schedule 3 to the PDS Regulations

In paragraph 54 of Schedule 3 to the PDS Regulations (other contractual terms – dispute resolution: non-NHS contracts), for sub-paragraph (1) substitute the following sub-paragraph—

(1) In the case of an agreement that is not an NHS contract, any dispute arising out of or in connection with the agreement, except matters dealt with under the complaints procedure pursuant to Part 6, may be referred for consideration and determination to the Secretary of State—

(a) if it relates to a period when the contractor was a health service body, by the contractor or by the Board; or

(b) in any other case, by the contractor or, if the contractor agrees in writing, by the Board.

Section 10 Amendment of regulation 8 of the GOS Regulations

In regulation 8(7) of the GOS Regulations (health service body status), for sub-paragraph (b) substitute the following sub-paragraph—

(b) paragraph (5), where it or the Board—

(i) has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, or

(ii) refers any matter to the NHS dispute resolution procedure, in accordance with paragraph 29(1)(a) of Schedule 1, after it ceases to be a health service body,

the contractor is to continue to be treated as a health service body (and accordingly the contract is to continue to be regarded as an NHS contract) for the purposes of the consideration and determination of the dispute; or

Section 11 Amendment of paragraph 29 of Schedule 1 to the GOS Regulations

In paragraph 29 of Schedule 1 to the GOS Regulations (other contractual terms – dispute resolution: non-NHS contracts), for sub-paragraph (1) substitute the following sub-paragraph—

(1) In the case of a contract that is not an NHS contract, any dispute arising out of or in connection with the contract, except matters dealt with under the complaints procedure pursuant to Part 5, may be referred for consideration and determination to the Secretary of State—

(a) if it relates to a period when the contractor was a health service body, by the contractor or by the Board; or

(b) in any other case, by the contractor or, if the contractor agrees in writing, by the Board.

Section 12 Transitional provision relating to disputes in respect of which legal proceedings have commenced before 1st July 2015

(1) Paragraph (2) applies as regards any dispute which relates to matters arising before 1st July 2015 under—

(a) a general dental services contract;

(b) section 107 arrangements ; or

(c) a general ophthalmic services contract,

which is or are not an NHS contract.

(2) If legal proceedings relating to the dispute have commenced before 1st July 2015, the provisions amended by—

(a) regulations 2 and 5 (in the case of a dispute relating to a general dental services contract);

(b) regulations 6 and 9 (in the case of a dispute relating to section 107 arrangements); or

(c) regulations 10 and 11 (in the case of a dispute relating to a general ophthalmic services contract),

are to have effect in relation to that dispute as if those provisions had not come into force.