(1) The functions of a Local Health Board (as a Relevant Body) relating to primary dental services in Wales 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 will 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 a Local Health Board of making payments under Directions under—
(a) section 28N of the 1977 Act, as regards GDS Contracts, referred to in entry 1(a) of column 2 of the Schedule; and
(b) section 28E(3A) and (3B), as regards PDS Agreements, referred to in entry 2(a) of column 2 of the Schedule,
the Local Health Board may only itself exercise the function where the Authority is unable to do so for reasons other than a failure by the Local Health Board 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) and column 2 of the Schedule—
(a) any act or omission of the Authority in the exercise of the function will be treated solely as an act or omission of the Local Health Board or the Relevant Body; and
(b) any obligation, right or liability arising from the terms of the GDS Contract or PDS Agreement which give effect to the functions specified in column 1 of the Schedule remain solely with the Local Health Board or Relevant Body and will 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 the Local Health Board or Relevant Body has failed to comply with an obligation or requirement under the terms of that Contract or Agreement if the Authority has exercised the function which gave rise to that obligation or requirement.
(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 such record, form, document or information, the contractor will—
(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 a Local Health Board or Relevant Body 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 will send or give access to such records, forms, documents or information to the Local Health Board or Relevant Body 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.
