art 5 Partnerships
(1) Subject to paragraph (2), a Local Health Board must, if a person so wishes, enter into a general dental services contract with him or her as one of two or more individuals practising in partnership if— (a) on 31 March 2006 or, if earlier, on the date on which the contract is to be signed, he or she is included in the dental list of that Local Health Board and is practising; (b) on 31 March 2006 or, if earlier, on the date on which the contract is to be signed, he or she is in partnership with one or more persons who are— (i) included in the dental list of the Local Health Board, or (ii) providing general dental services under section 35 arrangements (and are not dental practitioners); and (c) he or she wishes to enter into a contract as an individual practising in partnership with the persons referred to in paragraph (b). (2) A dental practitioner does not fall within paragraph (1)(a) if he or she is included in the dental list on the date in question, and in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner only provides orthodontic treatment. (3) A person will be treated as practising for the purposes of paragraph (1)(a) if he or she would have been so practising on the date in question except for the fact that on that date he or she is— (a) suspended from the— (i) Dentists Register by order under section 32 of the Dentists Act or by a direction or order of the Health Committee under that Act, (ii) dental list under section 49I or 49J of the 1977 Act, or (iii) dental performers list under regulation 13 of the Performers Lists Regulations; (b) on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave pursuant to Determination VI of the SDR; (c) on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or (d) performing relevant service. (4) Where the person referred to in paragraph (1)(a) is suspended under or as a consequence of any of the provisions referred to in paragraph (3)(a), a Local Health Board will only be required under paragraph (1) to enter into a general dental services contract with that person and the persons practising in partnership with him or her, if it is satisfied that— (a) having regard to the grounds for suspension the individual so suspended is able to provide (but not perform) services under the contract and the Local Health Board is not at risk of material financial loss; (b) the entering into the contract would not— (i) put at risk the safety of the contractor’s patients, or (ii) be prejudicial to the efficiency of the provision of primary dental services in the area of the Local Health Board; and (c) the partnership has in place adequate arrangements for the provision of services under the contract during the period of the individual’s suspension. (5) Where a Local Health Board refuses to enter into a general dental services contract as a consequence of paragraph (4), it will notify the individual who is suspended in writing of its decision, reasons for that decision and of the individual’s right of appeal under article 7. (6) Where the contracting parties are unable to agree on a particular term of the general dental services contract, article 4(6) and (7) will apply.