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Standard PDS Agreement Variation Notice – March 2006
STANDARD PERSONAL DENTAL SERVICES AGREEMENT VARIATION
NOTICE – MARCH 2006
The text of the Standard Personal Dental Services Variation Notice March 2006 has
been prepared by the Department of Health’s Solicitors. It is prepared on the basis
that the numbering adopted in the signed agreement follows that used in the Standard
Personal Dental Services Agreement dated [
] 2006.
Standard PDS Agreement Variation Notice – March 2006
Dear Sir/Madam
Notice of Variation to your Personal Dental Services Agreement dated [
]
We give you notice under paragraph 60(2) of Schedule 3 to the National Health
Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373)
(“the Regulations”) that the terms of your personal dental services agreement dated [
] are varied as set out below with effect from [insert here date on which variations
will take effect. Where reasonably practicable this should not be less than 14 days
after the date on which this notice is served].
These variations are made to rectify errors in the Standard Personal Dental Services
Agreement dated …..and thereby ensure compliance with the terms of the
Regulations.
We request you to acknowledge receipt of this notice by signing and returning the
enclosed duplicate of it.
Dated:
Signed:
on behalf of [
] Primary Care Trust
Print name:
2
Standard PDS Agreement Variation Notice – March 2006
WORDING OF VARIATIONS
PART 1 DEFINITIONS AND INTERPRETATION
The following variations are made to clause 1:
In the definition of “advanced mandatory services” for “clauses 74 and 75”
substitute “clauses 74 to 76”.
Omit the definition of “dental corporation”.
In the definition of “family member”, omit “registered”.
In the definition of “national disqualification” after “the Act” insert “or under
regulations corresponding to that section made under section 28X(4) of the Act”.
In the definition of “prescription form” after “supplied” insert “by the PCT”.
After the definition of “provision of sedation” insert““qualifying body” has the meaning given in section 28D(2) of the Act;”.
PART 4 COMMENCEMENT OF THE AGREEMENT
In Clause 15 for “Contract” substitute “Agreement”.
PART 6 PATIENTS
In Clause 25 –
(a) if the Contractor is to provide services for specified groups, for
“The Contractor” substitute “Subject to clauses 26 and 28A, the
Contractor”;
(b) for “under the Contract” substitute “under the Agreement”; and
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Standard PDS Agreement Variation Notice – March 2006
(b) omit “unless clause 26 applies”.
In Clause 25.2 for “clause 26” substitute “clause 27”.
If the Contractor is to provide services for specified groups, in Clause 28 for “The
Contractor” substitute “Subject to clauses 26 and 28A, the Contractor”.
After clause 28.2, insert–
“28A.
The Contractor may refuse to provide mandatory services or additional
services in relation to a person falling outside a specified group of persons only
where the Agreement provides for the Contractor to provide such services to a
specified group.”.
In Clause 29, for clause “clause 25” substitute “clauses 25 to 28A”.
In Clause 30, for “clause 25 or 26” substitute “clauses 25 to 27”.
PART 7 PROVISION OF SERVICES
In Clause 42.2 omit “paragraph”.
In Clause 49 omit “for clinical reasons,”.
In Clause 53 for “supplied to” substitute “supplied by”.
In Clause 56.2.1 for “clause 47” substitute “clauses 47 to 49”.
4
Standard PDS Agreement Variation Notice – March 2006
In Clause 58, for “Subject to the requirements in clauses 47.7 and 48” substitute
“Subject to clause 60 and the requirements in clause 47.7, 151 to 154 and 164 to
167,”.
In Clause 60 for 60.1.3 substitute –
“60.2 may not provide privately or under the Agreement treatment that
involves the administration of general anaesthesia or the provision of
sedation.”.
After Clause 62 insert –
“62A. The band in which a restoration specified in clause 62 falls shall be
determined in accordance with the NHS Charges Regulations.”.
PART 8 MANDATORY SERVICES
In Clause 76 before “care and treatment referred” insert “dental”.
For Clause 82 substitute –
“82. Where a banded course of treatment is commenced but not completed
for whatever reason, the appropriate number of units of dental activity
provided shall be calculated on the basis of the components of the course of
the treatment which has been-
82.1 completed; and
82.2 commenced but not completed.”.
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Standard PDS Agreement Variation Notice – March 2006
Omit Clause 86.
PART 9 ADDITIONAL SERVICES
In Clause 141.2 for “clauses 124 to 126” substitute “clauses 124 to 127”.
In Clause 151.7 for “clause 60.1” substitute “clauses 58 to 60”.
In Clause 154 for “clauses 147” substitute “clauses 148”.
After Clause 164.6 insert –
“164A. If the patient, having considered the referral treatment plan provided in
accordance with clause 164, decides to accept the provision of private services in
place of all or part of services under the Agreement, the Contractor shall ensure that
the patient signs that plan in the appropriate place to indicate that he has understood
the nature of the private services to be provided and his acceptance of those private
services.”.
In Clause 166 after “termination of” insert “the Agreement or being unable to
complete”.
PART 11 SUPPLY OF DRUGS AND PRESCRIBING
For Clause 174.1 substitute –
“174.1 supply to a patient listed drugs, medicines or appliances as are required for
immediate use before the issue of a prescription for such drugs, medicines or
appliances in accordance with clause 175; or”.
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Standard PDS Agreement Variation Notice – March 2006
For Clause 176 substitute “176. “Every prescription form, which is a form supplied by the PCT, shall—
176.1 be signed by the prescriber; and
176.2 be issued separately to each patient to whom the Contractor is providing
services under the Agreement.”.
In Clause 177 for “The Contractor” substitute “A prescriber”.
PART 12 PERSONS WHO PERFORM SERVICES
In Clause 186 for “a person (other than one to whom clauses 184 and 185 apply)”
substitute “a dental care professional”.
In Clause 186.2 omit “if that person is being employed or engaged to practise a
profession that has been specified in Regulations under that Section”.
In Clause 186.3 for “he” (in the first place that it appears) and “himself” substitute
respectively “it” and “itself”.
In Clause 200 for “the contract” substitute “the Agreement”.
PART 13 RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF
ENTRY
In Clause 204.1 for “clause 47 or clause 164” substitute “clauses 47 and 49 or clauses
164 and 165”.
In Clause 205 for “clause 204.1 to 204.5” substitute “clause 204”.
Renumber Clause 205.1.3 as 205.2.
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Standard PDS Agreement Variation Notice – March 2006
In Clause 209.1 for “this paragraph” substitute “clause 209”.
In Clause 227 for “Regulations” substitute “Agreement”.
After Clause 234.2 insert –
“234A. In clauses 232 to 234, “practice premises” includes a mobile surgery.”.
PART 14 PAYMENT UNDER THE CONTRACT
For Clause 237.4 substitute –
“237A. Where, pursuant to directions made under section 17 or 28E(3A) of the
Act, the PCT is required to make a payment to the Contractor under the
Agreement but subject to conditions, those conditions shall be a term of the
Agreement.”
In Clause 238 for “pursuant to clause 237.4” substitute “made under section 17 or
28E(3A) of the Act”.
In Clause 239 omit from “subject to” to “237.3”.
PART 16 CLINICAL GOVERNANCE AND QUALITY ASSURANCE
In Clause 244 for “co-operate” substitute “comply”.
Omit Clause 245.1
In Clause 248 for “his” and “he” substitute respectively “its” and “it”.
PART 17 INSURANCE
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Standard PDS Agreement Variation Notice – March 2006
In Clause 252 after “The Contractor” insert “or sub-contractor”.
In Clause 253 for “clauses 250 to 252” substitute “clause 250”.
PART 18 GIFTS
In Clause 256.3 before “the Contractor” insert “in a case falling within clause
254.1.3,”.
PART 20 COMPLAINTS
In Clause 261 omit “and 277”.
Renumber Clause 274.1.3 as clause 274.2.
PART 21 DISPUTE RESOLUTION
In Clause 283 for “clause 282” substitute “clause 281”.
PART 22 VARIATION AND TERMINATION OF THE AGREEMENT
In Clause 290 for “clause 286” substitute “clauses 286 and 287”.
In Clause 304 renumber as followsclause number
clause revised number
304.5
304.6.3
304.6.4
304.6.4.1
304.6.4.2
304.6.4.3
304.6.4.4
304.6.5
304.6.5.1
304.6.5.2
304.6.6
304.6.6.1
304.4
304.7
304.8
304.8.1
304.8.2
304.8.3
304.8.4
304.9
304.9.1
304.9.2
304.10
304.10.1
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Standard PDS Agreement Variation Notice – March 2006
304.6.6.2
304.6.7
304.6.8
304.10.2
304.11
304.12
PART 24 SIGNING OF DOCUMENTS
In Clause 362(a) for “clause 361 are” substitute “clause 361 include”; and
(b) for “these Regulations” substitute “the Agreement”.
-------------------------------------------------------------------------------------------------------
I/We [
] acknowledge
receipt of the notice of variation dated [
] of which the above is a
duplicate. I/We acknowledge that this notice will take effect from [
Signed:
[on behalf of
]:
Print name:
10
].
Standard PDS Agreement Variation Notice – March 2006
Date:
11
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