text:
PART 1
GENERAL
Citation, commencement and application
1
1
This Order may be cited as the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 and shall come into force on 1st April 2006.
2
Subject to paragraphs (3) to (5), this Order applies only in relation to England.
3
Articles 42 to 45 (matters relating to the abolition of the Board ) apply to England and Wales.
4
The amendments and revocations of provisions made by article 48 and Schedule 1 (amendments) and article 49 and Schedule 3 (revocations) have no application in relation to Wales but, subject to that, the extent of those provisions is the same as that of the provision amended or revoked.
5
The amendment of provisions made by article 48 and Schedule 2 (which relate to the abolition of the Dental Practice Board) has the same extent as the provision amended.
Interpretation
2
1
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1992 Regulations ” means the National Health Service (General Dental Services) Regulations 1992 ;
“the Board” means the Dental Practice Board;
“capitation arrangement” means an arrangement made under paragraph 5 of Schedule 1 to the 1992 Regulations;
“care and treatment” means —
all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment and preventive care; and
treatment;
“dental list” means the list of dental practitioners that had effect on 31st March 2006 who undertook to provide general dental services for persons in its area kept by a Primary Care Trust under regulations made under section 36(1)(a) of the 1977 Act;
“ GDS Contracts Regulations ” means the National Health Service (General Dental Services Contracts) Regulations 2005 ;
“general dental services contract” means a contract under section 28K of the 1977 Act (general dental services contracts) ;
“ NHS Business Services Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;
“ NHS Charges Regulations ” means the National Health Service (Dental Charges) Regulations 2005 ;
“ PDS Agreements Regulations ” means the National Health Service (Personal Dental Services Agreements) Regulations 2005 ;
“ PDS Directions” means the Directions to Health Authorities concerning the implementation of pilot schemes (personal dental services) ;
“personal dental services agreement” means an agreement for primary dental services under section 28C of the 1977 Act (personal medical or dental services) ;
“pilot scheme agreement” means an agreement made under Part 1 of the National Health Service (Primary Care) Act 1997 ;
“pilot scheme provider” means the person or persons, other than a Primary Care Trust, who provide personal dental services under a pilot scheme agreement and who is a party or are parties to that agreement;
“the Transitional Order ” means the General Dental Services and Personal Dental Services Transitional Provisions Order 2005 ; and
“ SDR ” means the Statement of Dental Remuneration determined and published by the Secretary of State under regulation 19 of the 1992 Regulations , as that statement had effect on 31st March 2006.
2
In this Order, the use of the term “it” in relation to the contractor shall be deemed to include a reference to a contractor that is an individual dental practitioner or two or more individuals practising in partnership and related expressions shall be construed accordingly.
PART 2
TRANSITIONAL PROVISIONS IN RESPECT OF GENERAL DENTAL SERVICES PROVIDED BEFORE 1ST APRIL 2006
Interpretation of Part 2
3
For the purposes of this Part —
“relevant dental practitioner” means a dental practitioner who enters into —
a general dental services contract as a consequence of article 4 or 5 of the Transitional Order; or
a personal dental services agreement as a consequence of article 15, 16 or 17 of the Transitional Order; and
“succeeding contractor” means the contractor which is a party to —
the general dental services contract which —
the relevant dental practitioner has entered into as an individual or as one of two or more individuals practising in partnership, or
has been entered into by a dental corporation of which the relevant dental practitioner is a director, chief executive or secretary; or
the personal dental services agreement which the relevant dental practitioner has entered into as a consequence of article 15, 16 or 17 of the Transitional Order.
Applications for general dental services
4
Where, before 1st April 2006 —
a
a person has made an application to a relevant dental practitioner to receive general dental services in accordance with regulation 2(1) of the National Health Service (Choice of Dental Practitioner) Regulations 1998 ; and
b
that application has not been finally determined before that date,
that application shall be treated as a request made to the succeeding contractor for services under the term of the contract giving effect to paragraph 1 of Schedule 3 to the GDS Contracts Regulations or under the term of the agreement giving effect to paragraph 1 of Schedule 3 to the PDS Agreements Regulations.
Investigation of outstanding complaints
5
1
Subject to paragraph (2), where before 1st April 2006 —
a
a complaint had been made under paragraph 31A of Schedule 1 to the 1992 Regulations by or on behalf of a patient or former patient of a relevant dental practitioner; and
b
the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 31A of that Schedule had not concluded,
that complaint must, on or after 1st April 2006, be investigated, or in an appropriate case continue to be investigated, by the succeeding contractor as if paragraph 31A of Schedule 1 to the 1992 Regulations had not been revoked and continued to have effect as in force on 31st March 2006.
2
In a case where there is no succeeding contractor the complaint must be investigated by one of the persons specified in paragraph (3) as if paragraph 31A of Schedule 1 to the 1992 Regulations had not been revoked and continued to have effect as in force on 31st March 2006.
3
The persons referred to in paragraph (2) are —
a
subject to paragraph (b), the person or persons who was or were the former partner or partners of the dental practitioner who provided care and treatment under a continuing care or capitation arrangement in respect of the complainant, if he or they meet the requirements in paragraph (4);
b
in the case where the person or persons specified in paragraph (a) satisfy the Primary Care Trust on whose dental list their former partner was included for the purposes of providing general dental services to the complainant that, having regard to the nature of the complaint, it would not be appropriate for the complaint to be investigated by him or them, that Primary Care Trust; or
c
in any other case, the Primary Care Trust on whose dental list the dental practitioner was included for the purposes of providing general dental services to the complainant.
4
The requirements referred to in paragraph (3)(a) are that the former partner or partners —
a
has or have entered into a general dental services contract, as an individual dental practitioner or as one of two or more individuals practising in partnership, with the Primary Care Trust on whose dental list their former partner was included for the purposes of providing general dental services to the complainant;
b
is a director, chief executive or secretary of the dental corporation which has entered into a general dental services contract with the Primary Care Trust on whose dental list their former partner was included for the purposes of providing general dental services to the complainant;
c
has or have entered into a personal dental services agreement with the Primary Care Trust on whose dental list their former partner was included for the purposes of providing general dental services to the complainant; or
d
is a director, chief executive or secretary of the qualifying body which has entered into a personal dental services agreement with the Primary Care Trust on whose dental list their former partner was included for the purposes of providing general dental services to the complainant.
5
Where, under paragraph (3), a complaint made by or on behalf of a patient or former patient would fall to be investigated, or continue to be investigated, by more than one contractor, the contractors concerned shall —
a
enter into discussions as to which of them would be the most appropriate person to deal with the complaint; and
b
if they are unable to reach agreement, refer the matter to the Primary Care Trust on whose dental list their former partner was included for the purposes of providing general dental services to the complainant and that Primary Care Trust shall investigate the complaint itself.
6
Where, under this article, a complaint falls to be investigated by a Primary Care Trust the investigation shall be carried out in accordance with the National Health Service (Complaints) Regulations 2004 .
Complaints relating to general dental services made after 31st March 2006
6
1
Subject to paragraph (2), the complaints procedure established and operated by a succeeding contractor under the term of its —
a
general dental services contract which gives effect to paragraph 47 of Schedule 3 to the GDS Contracts Regulations; or
b
personal dental services agreement which gives effect to paragraph 47 of Schedule 3 to the PDS Agreements Regulations,
shall apply to any complaint which a patient or former patient of the relevant dental practitioner to whom it is a succeeding contractor could have made (but did not make) on or before 31st March 2006 under paragraph 31A of Schedule 1 to the 1992 Regulations as it applies to complaints made by a patient or former patient of the succeeding contractor in relation to any matter reasonably connected with the provision of services under the contract or, as the case may be, the agreement.
2
In a case where there is no succeeding contractor, the complaint must be investigated by the Primary Care Trust in whose area the general dental services were provided.
3
Where a complaint falls to be investigated by a Primary Care Trust as a consequence of paragraph (2), the investigation shall be carried out in accordance with the National Health Service (Complaints) Regulations 2004.
Patient information leaflet
7
1
This article applies where a relevant dental practitioner had compiled a patient information leaflet which met the requirements of paragraph 32 of Schedule 1 and Schedule 5 to the 1992 Regulations on 31st March 2006 and that leaflet was, on that date, available to patients.
2
Subject to paragraph (3), the patient information leaflet made available to patients on or after 1st April 2006 by the succeeding contractor need not, until 1st August 2006, include all the information specified in the terms of —
a
the general dental services contract which give effect to Schedule 4 to the GDS Contracts Regulations; or
b
the personal dental services agreement which give effect to Schedule 4 to the PDS Agreements Regulations.
3
The succeeding contractor must from the date of the commencement of services under the general dental services contract or the personal dental services agreement make available to patients in written form the information specified in paragraph (4) together with the patient information leaflet referred to in paragraph (1).
4
The information referred to in paragraph (3) is information regarding —
a
the services available under the general dental services contract or the personal dental services agreement;
b
the normal surgery days and hours of the practice;
c
the arrangements for dental services for the days and hours that fall outside normal surgery days and hours (whether or not provided by the contractor) and how the patient may contact such services;
d
if the services in sub-paragraph (c) are not provided by the contractor, the fact that the Primary Care Trust referred to in sub-paragraph (g) is responsible for commissioning the services;
e
how patients may make a complaint or comment on the provision of services;
f
the telephone number of NHS Direct and details of NHS Direct online; and
g
the name, postal and website address and telephone number of the Primary Care Trust which is a party to the contract or agreement and from whom details of primary dental services in the area may be obtained.
Recovery of Overpayments
8
1
Where, before 1st April 2006, a dental practitioner had admitted an overpayment drawn to its attention by a Primary Care Trust or the Board under regulation 22 of the 1992 Regulations (recovery of overpayments) but the overpayment, or any part of it, had not been recovered, the amount overpaid, or any part of it not recovered before 1st April 2006, shall notwithstanding the revocation of the 1992 Regulations continue to be recoverable by that Primary Care Trust and shall be treated as a debt owed by that dental practitioner to that Primary Care Trust.
2
Notwithstanding the revocation of the 1992 Regulations, where a Primary Care Trust considers that a payment has been made to a dental practitioner under the SDR when it was not due and that alleged overpayment has not been drawn to the dental practitioner’s attention by the Board or the Primary Care Trust before 1st April 2006, that Primary Care Trust may draw the overpayment to the attention of the dental practitioner and —
a
where the overpayment is admitted by him, the Primary Care Trust may recover the amount overpaid from him as a civil debt; and
b
where the overpayment is not admitted by him —
i
the arrangements for appeals referred to in regulation 22(1)(b) of the 1992 Regulations as in force on 31st March 2006, as those arrangements had effect on 31st March 2006, shall apply,
ii
if he does not appeal or appeals unsuccessfully, the Primary Care Trust may recover the amount of the civil debt.
3
Where, before 1st April 2006, a Primary Care Trust has drawn a possible overpayment under the SDR to the attention of a dental practitioner, and the overpayment has not been admitted by him, then notwithstanding the revocation of the 1992 Regulations —
a
the arrangements for appeals referred in regulation 22(1)(b) of the 1992 Regulations as in force on 31st March 2006, as those arrangements had effect on 31st March 2006, shall apply; and
b
if he has not appealed or does not appeal, or is unsuccessful in an appeal, the Primary Care Trust may recover the amount as a civil debt.
Remuneration of Dentists
9
1
Notwithstanding the revocation of the 1992 Regulations, claims may still be made for payments under the SDR by a dental practitioner who may be entitled to such a payment (claims by virtue of article 38 are to be made to the NHS Business Services Authority), provided that the claim is made within any period stipulated in the SDR as being the period during which a claim for the payment is to be made.
2
If a claim is made outside the stipulated period provided for in the SDR, the NHS Business Services Authority may extend that period for up to six months from the date on which the circumstances which gave rise to the claim first arose.
3
Notwithstanding the revocation of the 1992 Regulations, as regards any claim for payment under the SDR which is made within the period stipulated in the SDR (whether before 1st April 2006 or by virtue of paragraph (1)) or within an extended period as provided for in paragraph (2), Parts 4, 5 and 5A of those Regulations shall continue to apply and have effect as they were in force on 31st March 2006 in respect of —
a
the approval and making of the payments;
b
the recovery of payments and overpayments; and
c
the payments in consequence of suspension or successful appeal,
in relation to general dental services provided before 1st April 2006.
Emergency dental services
10
Notwithstanding the revocation of the 1992 Regulations, where arrangements made under regulation 14 of the 1992 Regulations are in place immediately before 1st April 2006, those arrangements shall continue to subsist until terminated by the Primary Care Trust or the dentist in accordance with the terms of those arrangements.
Service of documents
11
Where any notice or other document is required to be given or sent as a consequence of regulation 32 of the 1992 Regulations and has not be given or sent before 1st April 2006, notwithstanding the revocation of the 1992 Regulations, regulation 32 of those Regulations shall continue to have effect as in force on 31st March 2006 in respect of such a notice or document.
Repair and replacement of restorations
12
Where, on or before 31st March 2006, a relevant dental practitioner has provided a restoration and that restoration requires repair or replacement which he would have been required to repair or replace under paragraph 7 of Schedule 1 to the 1992 Regulations, the succeeding contractor shall repair or replace the restoration in accordance with the terms of the contract giving effect to paragraph 11 of Schedule 3 to the GDS Contracts Regulations or the terms of the agreement giving effect to paragraph 12 of Schedule 3 to the PDS Agreements Regulations.
Violent patients
13
1
Where —
a
a person commits an act of violence in the circumstances specified in paragraph 11A(1)(a) of Schedule 1 to the 1992 Regulations ; and
b
the Primary Care Trust has not informed the person concerned on or before 31st March 2006 that the dentist no longer wishes to provide services to that person,
notwithstanding the revocation of the 1992 Regulations and subject to paragraph (2), paragraph 11A(4) of that Schedule shall continue to have effect as in force on 31st March 2006 in respect of the person concerned.
2
The notification given in accordance with paragraph 11A(4) of Schedule 1 to the 1992 Regulations on or after 1st April 2006 shall be treated as though it were a notification that the succeeding contractor does not wish to provide care and treatment to the person concerned under the general dental services contract or the personal dental services agreement.
Referral to another dentist, to a hospital or other service and treatment on referral
14
1
Where a patient has been referred on or before 31st March 2006 in accordance with paragraph 12(1) of Schedule 1 to the 1992 Regulations, and —
a
the details specified in sub-paragraph (2) of that paragraph have not been forwarded on or before 31st March 2006; or
b
the dentist has not indicated in his claim for remuneration that the patient has been referred,
notwithstanding the revocation of the 1992 Regulations, paragraph 12(2) of Schedule 1 to those Regulations shall continue to have effect as in force on 31st March 2006 in respect of the referral of that patient.
2
Where, on or before 31st March 2006, a relevant dental practitioner has provided a restoration in the course of treatment on referral and that restoration requires repair or replacement which he would have been required to repair or replace under paragraph 13 of Schedule 1 to the 1992 Regulations, the succeeding contractor shall repair or replace the restoration in accordance with the terms of the contract giving effect to paragraph 11 of Schedule 3 to the GDS Contracts Regulations or the terms of the agreement giving effect to paragraph 12 of Schedule 3 to the PDS Agreement Regulations.
Inability to complete treatment
15
1
Where a dentist —
a
owing to any cause beyond his control, is unable to complete any care and treatment which has been commenced under a continuing care arrangement or a capitation arrangement or treatment on referral on or before 31st March 2006; and
b
has not notified the Board on or before 31st March 2006 in accordance with paragraph 14 of Schedule 1 to the 1992 Regulations,
notwithstanding the revocation of the 1992 Regulations, paragraph 14 of Schedule 1 to those Regulations shall, subject to paragraph (2), continue to have effect as in force on 31st March 2006 in respect of that incomplete care and treatment.
2
Where paragraph (1) applies, on or after 1st April 2006, paragraph 14 of Schedule 1 to the 1992 Regulations shall be read as if the reference to the Board in that paragraph were a reference to the NHS Business Services Authority.
Care and Treatment summaries
16
Where, on or before 31st March 2006, a patient requested a summary of the care and treatment in accordance with paragraph 15 of Schedule 1 to the 1992 Regulations and the dentist has not provided that summary before 1st April 2006, notwithstanding the revocation of the 1992 Regulations, paragraph 15 of Schedule 1 to those Regulations shall continue to have effect as in force on 31st March 2006 in respect of that request.
Occasional treatment
17
1
Where a dentist —
a
due to any cause beyond his control, is unable to complete a course of occasional treatment which he has commenced on or before 31st March 2006; and
b
has not notified the Board on or before 31st March 2006 in accordance with paragraph 17(3) of Schedule 1 to the 1992 Regulations ,
notwithstanding the revocation of the 1992 Regulations, paragraph 17(3) of Schedule 1 to those Regulations shall, subject to paragraph (2), continue to have effect as in force on 31st March 2006 in respect of that incomplete occasional treatment.
2
Where paragraph (1) applies, on or after 1st April 2006, paragraph 17(3) of Schedule 1 to the 1992 Regulations shall be read as if the reference to the Board were a reference to the NHS Business Services Authority.
3
Where —
a
on or before 31st March 2006, a relevant dental practitioner has provided conservative treatment of permanent or retained deciduous teeth by way of any filling or root filling; and
b
on or after 1st April 2006 that filling or root filing requires repair or replacement which he would have been required to repair or replace under paragraph 17 of Schedule 1 to the 1992 Regulations,
the succeeding contractor shall repair or replace the filling or root filling in accordance with the terms of the contract giving effect to paragraph 11 of Schedule 3 to the GDS Contracts Regulations or the terms of the agreement giving effect to paragraph 12 of Schedule 3 to the PDS Agreements Regulations.
4
Where, on or before 31st March 2006 —
a
a patient has been referred in respect of occasional treatment in accordance with paragraph 18(1) of Schedule 1 to the 1992 Regulations; and
b
the dentist has not complied with the requirements specified in sub-paragraph (2) of that paragraph,
notwithstanding the revocation of the 1992 Regulations, paragraph 18(2) and (3) of Schedule 1 to those Regulations shall continue to have effect as in force on 31st March 2006 in respect of the referral of that patient.
Records
18
Notwithstanding the revocation of the 1992 Regulations, a dentist shall continue to keep a record in respect of the matters referred to in paragraph 25(1) of Schedule 1 to the 1992 Regulations (records) and that paragraph and paragraph 41 of that Schedule —
a
subject to paragraph (b), shall continue to have effect as in force on 31st March 2006 to such a record until 1st April 2008; and
b
shall have effect as if the reference to the Board in those paragraphs were a reference to the NHS Business Services Authority.
PART 3
TRANSITIONAL PROVISIONS IN RESPECT OF PERSONAL DENTAL SERVICES PROVIDED BEFORE 1ST APRIL 2006
Interpretation of Part 3
19
In this Part —
“relevant pilot scheme provider” means a person or persons, other than a Primary Care Trust, who provided personal dental services under a pilot scheme agreement and who was a party or parties to that agreement; and
“succeeding contractor” means the contractor which is a party to —
the general dental services contract which the relevant pilot scheme provider has entered into as a consequence of article 6 of the Transitional Order; or
the personal dental services agreement which the relevant pilot scheme provider has entered into as a consequence of article 14 of the Transitional Order.
Applications for personal dental services
20
Where, before 1st April 2006 —
a
a person has made an application to a relevant dental practitioner to receive personal dental services in accordance with regulation 2(1) of the National Health Service (Choice of Dental Practitioner) Regulations 1998 ; and
b
that application has not been finally determined before that date,
that application shall be treated as a request made to the succeeding contractor for services under the term of the agreement giving effect to paragraph 1 of Schedule 3 to the PDS Agreements Regulations or under the term of the contract giving effect to paragraph 1 of Schedule 3 to the GDS Contracts Regulations.
Investigation of outstanding complaints
21
1
Subject to paragraph (2), where before 1st April 2006 a complaint had been made in accordance with the provisions in the pilot scheme agreement which give effect to the procedure set out in the PDS Directions, that complaint must, from 1st April 2006 be investigated or continue to be investigated by the succeeding contractor in accordance with the terms of the pilot scheme agreement as it had effect on 31st March 2006.
2
In a case where there is no succeeding contractor, the complaint must be investigated by the Primary Care Trust in whose area the personal dental services were provided.
3
Where a complaint falls to be investigated by a Primary Care Trust as a consequence of paragraph (2), the investigation shall be carried out in accordance with the National Health Service (Complaints) Regulations 2004 .
Complaints relating to personal dental services made after 31st March 2006
22
1
Subject to paragraph (2), the complaints procedure established and operated by a succeeding contractor —
a
under the terms of its personal dental services agreement which gives effect to paragraph 47 of Schedule 3 to the PDS Agreements Regulations; or
b
under the terms of its general dental services contract which gives effect to paragraph 47 of Schedule 3 to the GDS Contracts Regulations,
shall apply to any complaint which a patient or former patient of the relevant pilot scheme provider to whom it is a succeeding contractor could have made (but did not make) on or before 31st March 2006 under the pilot scheme agreement as it applies to complaints made by a patient or former patient of the succeeding contractor in relation to any matter reasonably connected with the provision of services under the agreement or, as the case may be, the contract.
2
In a case where there is no succeeding contractor, the complaint must be investigated by the Primary Care Trust in whose area the personal dental services were provided.
3
Where a complaint falls to be investigated by a Primary Care Trust as a consequence of paragraph (2), the investigation shall be carried out in accordance with the National Health Service (Complaints) Regulations 2004.
Patient information leaflet
23
1
This article applies where a relevant pilot scheme provider had produced a pilot leaflet in accordance with the terms in the pilot scheme agreement which give effect to the requirements in the PDS Directions and that leaflet was, on 31st March 2006, available to patients.
2
Subject to paragraph (3), the patient information leaflet made available to patients on or after 1st April 2006 by the succeeding contractor need not, until 1st August 2006, include all the information specified in the terms of —
a
the personal dental services agreement which give effect to Schedule 4 to the PDS Agreements Regulations; or
b
the general dental services contract which give effect to Schedule 4 to the GDS Contracts Regulations.
3
The succeeding contractor must from the date of the commencement of services under the personal dental services agreement or the general dental services contract make available to patients in written form the information specified in paragraph (4) together with the pilot leaflet referred to in paragraph (1).
4
The information referred to in paragraph (3) is information regarding —
a
the services available under the personal dental services agreement or the general dental services contract;
b
the normal surgery days and hours of the practice;
c
the arrangement for dental services for the days and hours that fall outside normal surgery days and hours (whether or not provided by the contractor) and how the patient may contact such services;
d
if the services referred to in sub-paragraph (c) are not provided by the contractor, the fact that the Primary Care Trust referred to in sub-paragraph (g) is responsible for commissioning the services;
e
the telephone number of NHS Direct and details of NHS Direct online;
f
how patients may make a complaint or comment on the provision of services; and
g
the name, postal and website address and telephone number of the Primary Care Trust with whom the contractor is a party to the agreement or contract.
Overpayments under a pilot scheme
24
1
Where, on or before 31st March 2006, a pilot scheme provider has admitted an overpayment drawn to its attention by the Primary Care Trust or the Board but the overpayment, or any part of it, had not been recovered, the amount overpaid, or any part of it not recovered before 31st March 2006, shall be recoverable by the Primary Care Trust in accordance with the arrangements for the recovery of overpayments provided for in the pilot scheme agreement as it had effect on 31st March 2006, and —
a
the terms of the pilot scheme agreement shall apply for the purposes of the recovery of such an overpayment; and
b
the amount of the overpayment shall be treated as a debt owed by that pilot scheme provider to the Primary Care Trust.
2
Where the Primary Care Trust considers that a payment had been made to a pilot scheme provider under the terms of the pilot scheme agreement when it was not due and that alleged overpayment has not been drawn to the pilot scheme provider’s attention by the Board or the Primary Care Trust on or before 31st March 2006, that Primary Care Trust may draw the overpayment to the attention of the pilot scheme provider by notice, and —
a
where the overpayment is admitted by the pilot scheme provider, the Primary Care Trust may recover the amount overpaid from it as a civil debt; and
b
where the overpayment is not admitted by the pilot scheme provider, the arrangements for the recovery of disputed overpayments as provided for in the pilot scheme agreement as it had effect on 31st March 2006 shall continue to apply in respect of the recovery of the amount of the possible overpayment.
3
Where, before 1st April 2006, a Primary Care Trust has drawn a possible overpayment to the attention of the pilot scheme provider and the overpayment has not been admitted by the piolot scheme provider, the arrangements for the recovery of disputed overpayments as provided for in the pilot scheme agreement as it had effect on 31st March 2006 shall continue to apply in respect of the recovery of the amount of the possible overpayment.
4
For the purposes of the application of this article, a reference to the Board in a pilot scheme agreement shall be read as including a reference to the NHS Business Services Authority.
5
This article is without prejudice to any arrangement for the recovery of dental charges set out in directions under sections 28E(3A) and 28N of the 1977 Act.
Remuneration of pilot scheme providers
25
1
Subject to paragraphs (2) and (3), claims for remuneration under the terms of a pilot scheme agreement may still be made and acceded to in accordance with a pilot scheme agreement, where a pilot scheme provider is entitled to a payment —
a
under the agreement; or
b
as a consequence of the termination of the agreement,
and the claim is made or deemed to have been made within any period stipulated in the pilot scheme agreement as being the period during which a claim for payment is to be made.
2
In a case where no period is specified for the making of a claim for payment in the pilot scheme agreement or a claim is made outside the specified period, the Primary Care Trust with which the pilot scheme provider was a party to the agreement (or, where appropriate, the NHS Business Services Authority acting on its behalf) may agree to determine such claims for a period up to six months from the date on which the circumstances which gave rise to the claim first arose.
3
This article is without prejudice to any arrangements for the recovery of dental charges set out in directions under sections 28E(3A) and 28N of the 1977 Act.
Violent patients
26
Where —
a
on or before 31st March 2006, a pilot patient (within the meaning of direction 2 of the PDS Directions) has committed an act of violence in the circumstances specified in the pilot scheme agreement which give effect to direction 8(2)(a) of the PDS Directions;
b
the pilot scheme provider has notified the Primary Care Trust that he wishes the provision of personal dental services for that pilot patient to be terminated immediately; and
c
the Primary Care Trust has not informed the person concerned on or before 31st March 2006 that the pilot scheme provider wishes the provision of personal dental services for that pilot patient to be terminated,
the Primary Care Trust shall take such steps to inform that person that the relevant pilot scheme provider does not wish to provide, on or after 1st April 2006, primary dental services to that person under the personal dental services agreement or the general dental services contract.
Repair or replacement of restorations
27
Where —
a
on or before 31st March 2006, a restoration is provided in the course of performing personal dental services by a relevant pilot scheme provider; and
b
on or after 1st April 2006, the restoration requires repair or replacement which that provider would have been required to repair or replace under the terms in the pilot scheme agreement which gave effect to direction 11 of the PDS Directions,
the succeeding contractor shall repair or replace the restoration in accordance with the terms of the personal dental services agreement which give effect to paragraph 12 of Schedule 3 to the PDS Agreements Regulations or the terms of the general dental services contract which give effect to paragraph 11 of Schedule 3 to the GDS Contracts Regulations.
Provision of information
28
1
Where —
a
a course of treatment is completed by a pilot scheme provider on or before 31st March 2006; and
b
the period in which the information in respect of that course of treatment is to be submitted to the Board has not expired on 1st April 2006,
the period in which that information is to be submitted and the manner of submission of that information is the period and manner which is specified in the terms of the pilot scheme agreement which give effect to paragraph 12 of Schedule 1 to the PDS Directions.
2
Where paragraph (1) applies, the succeeding contractor shall provide such information as is reasonably required —
a
as may have been requested by the Board on or before 31st March 2006, to the NHS Business Services Authority; or
b
as requested by the NHS Business Services Authority on or after 1st April 2006.
3
For the purposes of the application of paragraphs (1) and (2), any reference to the Board in a pilot scheme agreement shall be read as including a reference to the NHS Business Services Authority.
Records
29
A pilot scheme provider shall continue to keep records in respect of services provided under the pilot scheme agreement in accordance with the terms of that agreement and such terms shall continue to apply to such records until 1st April 2008.
Disputes
30
1
Where a dispute in respect of a pilot scheme agreement is pending on 31st March 2006 under the NHS dispute resolution procedure or a procedure specified in the terms of the pilot scheme agreement that gives effect to direction 19 of, and Schedule 3 to, the PDS Directions, the adjudicator shall proceed to determine the dispute in accordance with the dispute resolution procedure that had effect on 31st March 2006 in respect of that dispute.
2
In this article, the expression “adjudicator” means —
a
in the case of a pilot scheme agreement that gives effect to the procedure specified in Schedule 3 to the PDS Directions, the person appointed by the Secretary of State; and
b
in the case of a pilot scheme provider who is a health service body, the Secretary of State or a person appointed by the Secretary of State under section 4(5) of the National Health Service and Community Care Act 1990 .
PART 4
TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) REGULATIONS 1992
Interpretation
31
1
In this Part —
“the Service Committees Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1992 ;
“amendments” in respect of any regulation or regulations in the Service Committees Regulations means amendments made to that regulation or those regulations by paragraph 3 of Schedule 1 to this Order;
“appropriate PCT ” has the same meaning as in the Service Committees Regulations;
“contracting PCT” means a Primary Care Trust that has entered into —
a general dental services contract with —
a dentist who is the subject of the allegation,
a partnership, where a dentist who is the subject of the allegation is a partner, or
a dental corporation, where a dentist who is the subject of the allegation is a director, chief executive or secretary of that corporation; or
a personal dental services agreement with —
a dentist who is the subject of the allegation, or
a qualifying body, where a dentist who is the subject of the allegation is a director, chief executive or secretary of that body;
“dentist” has the same meaning as in the Service Committees Regulations;
“the Performers List PCT” means the Primary Care Trust in whose dental performers list the dentist’s name appears on 1st April 2006;
“ Performers Lists Regulations ” means the National Health Service (Performers Lists) Regulations 2004 ;
“relevant contractor” means a party to a general dental services contract or personal dental services agreement with a contracting PCT, where that contractor is —
a dentist who is the subject of the allegation;
a partnership, where a dentist who is or was the subject of the allegation is a partner in that partnership; or
a dental corporation or qualifying body, where a dentist who is or was the subject of the allegation is a director, chief executive or secretary of that corporation or body; and
“relevant date” means 1st April 2006.
2
Unless the context otherwise requires, any reference in this Part to —
a
a numbered regulation is to the regulation bearing that number in the Service Committees Regulations; and
b
a numbered Schedule is to the Schedule to the Service Committees Regulations bearing that number.
Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4)
32
1
Where, before the relevant date, or on or after the relevant date in respect of a matter that occurred before the relevant date, a Primary Care Trust receives, or has received, information that could amount to an allegation that a dentist had failed to comply with his terms of service and —
a
that Trust, or its reference committee, has not taken a final decision pursuant to regulation 4(1) before the relevant date as to whether it will take no action or take one or both of the courses of action set out in regulation 4(2); and
b
any time limit specified in regulation 6 has not expired,
paragraph (2) shall apply.
2
Where this paragraph applies, the Primary Care Trust shall —
a
if it is the appropriate PCT, continue to be the appropriate PCT for the purposes of the Service Committees Regulations, and consider and take such action as it sees fit pursuant to the Service Committees Regulations, subject to article 35, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; or
b
if it is not the appropriate PCT, forward the information to that Trust as soon as is reasonably practicable, and that Trust shall consider the information received and take such action as it sees fit pursuant to the Service Committees Regulations, subject to the time limits specified in the Service Committees Regulations, and article 35, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect.
3
If the appropriate PCT, or its reference committee, decides, pursuant to paragraph (2)(a) or (2)(b), to refer the matter to the discipline committee of another Primary Care Trust (B) in accordance with regulation 4(2)(a) or (7) —
a
that Primary Care Trust (B) shall investigate the matter and report to the appropriate PCT as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; and
b
the appropriate PCT shall be entitled, subject to article 35, to take any action it could have taken pursuant to the Service Committees Regulations as if those amendments had not taken effect.
Referrals to investigating discipline committees before the relevant date (regulation 5)
33
Where a Primary Care Trust (A) has, before the relevant date, referred a matter in respect of a dentist to another Primary Care Trust (B) in accordance with regulation 4(2)(a) or (7) and —
a
that matter has not been finally determined by the discipline committee of that Primary Care Trust (B) before the relevant date —
i
the discipline committee of that Primary Care Trust (B) shall investigate the matter and report to the Primary Care Trust (A) as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect, and
ii
the Primary Care Trust (A) shall be entitled to take any action it could have taken pursuant to the Service Committees Regulations as if those amendments had not taken effect, subject to article 35; or
b
that Primary Care Trust (A) has received the report of the discipline committee of the Primary Care Trust (B) but has not yet determined what (if any) action to take as a result of the report, the Primary Care Trust (A) shall be entitled to take any action it could have taken pursuant to the Service Committees Regulations as if the amendments to regulations 2 to 8 had not taken effect, subject to article 35.
Determination of a Primary Care Trust or the Secretary of State made before the relevant date (regulations 8, 9, 10 and 11)
34
1
Where, before the relevant date, a Primary Care Trust (or where relevant, the Secretary of State) has determined pursuant to regulation 8(5)(a), regulation 9(3) or regulation 11 that an amount should be recovered from the dentist, in so far as any of that amount has not been recovered before the relevant date, it shall continue to be recoverable by the Primary Care Trust that was the appropriate PCT for the purposes of the Service Committees Regulations in respect of that matter, and it shall be treated as a debt owed by that dentist to that Trust.
2
Where a contracting PCT has record of, or receives notification of, an adverse determination made before the relevant date pursuant to regulation 8, 9, 10, 11 or 12 in respect of a dentist (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal), paragraph (3) shall apply without prejudice to any other rights the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general dental services contract or personal dental services agreement.
3
Where this paragraph applies, the contracting PCT —
a
may take into account that adverse determination in relation to a relevant contractor if it is considering, pursuant to a term of the general dental services contract that gives effect to paragraph 73(7) of Schedule 3 to the GDS Contracts Regulations or the personal dental services agreement that gives effect to paragraph 71(7) of Schedule 3 to the PDS Agreements Regulations, whether the cumulative effect of breaches under that contract or agreement is such that to allow the contract or agreement to continue would be prejudicial to the efficiency of the services provided under that contract or agreement; but
b
shall not, pursuant to sub-paragraph (a), take into account any adverse determination that was made that occurred more than 6 years prior to the date upon which the contracting PCT is considering terminating the general dental services contract or personal dental services agreement.
4
Where a Performers List PCT has record of, or receives notification of, an adverse determination pursuant to regulation 8, 9, 10, 11 or 12 made before the relevant date in respect of a dentist (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal) it may take that determination into account in determining what (if any) action it should take in respect of that dentist pursuant to its powers under the Performers Lists Regulations.
Determination of a Primary Care Trust made on or after the relevant date (regulation 8)
35
1
Where, on or after the relevant date, an appropriate PCT is determining what (if any) action to take pursuant to regulation 8 in accordance with provision made in this Part, it shall make such a determination in accordance with such limitation and modifications to that regulation as are specified in this article.
2
The appropriate PCT may —
a
pursuant to regulation 8(1)(c)(i), determine that no further action should be taken;
b
pursuant to regulation 8(5)(a), determine that an amount shall be recovered from the dentist;
c
pursuant to regulation 8(5)(b), determine that it would have determined that the dentist should be required to submit estimates for the prior approval of the Board in respect of such treatment and during such period as the appropriate PCT specifies; or
d
pursuant to regulation 8(5)(c), determine that it would have warned the dentist to comply more closely with his terms of service in future, if those terms of service were still applicable,
and if it makes any one or more of the decisions specified in sub-paragraphs (b) to (d), it shall, after the period specified in regulation 8(11)(a) or (b) (as applicable) has expired, notify in writing the contracting PCT and the Performers List PCT (if any) of its decision and the reasons for it, if either one is a different Primary Care Trust to the appropriate PCT.
3
Where, pursuant to paragraph (2)(b), the appropriate PCT determines that an amount should be recovered from the dentist, regulation 8(9) shall not apply and that amount shall be recoverable by the appropriate PCT and it shall be treated as a debt owed by that dentist to the appropriate PCT.
4
Where the appropriate PCT has notified the contracting PCT that it has made any of the determinations specified in paragraph (2)(b) to (2)(d), or where the appropriate PCT is the contracting PCT, paragraph (5) shall apply without prejudice to any other rights the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general dental services contract or personal dental services agreement.
5
Where this paragraph applies, the contracting PCT —
a
may, in relation to a relevant contractor, take into account the determination of the appropriate PCT if it is considering, pursuant to a term of the general dental services contract that gives effect to paragraph 73(7) of Schedule 3 to the GDS Contracts Regulations or the personal dental services agreement that gives effect to paragraph 71(7) of Schedule 3 to the PDS Agreements Regulations, whether the cumulative effect of breaches under that contract or agreement is such that to allow the contract or agreement to continue would be prejudicial to the efficiency of the services provided under that contract or agreement; but
b
shall not, pursuant to sub-paragraph (a), take into account any determination of an appropriate PCT that was made more than 6 years prior to the date upon which the contracting PCT is considering terminating the general dental services contract or personal dental services agreement.
6
Where —
a
a Performers List PCT has received notification from an appropriate PCT pursuant to paragraph (2); or
b
where an appropriate PCT that has taken a decision pursuant to paragraph (2) is also the Performers List PCT,
it shall consider what (if any) action it should take in respect of that dentist pursuant to its powers under the Performers Lists Regulations.
Appeals to the Secretary of State against determinations of Primary Care Trusts (regulations 9, 10 and 11)
36
1
Where —
a
a dentist has appealed against a determination of a Primary Care Trust in accordance with regulation 9 before the relevant date, but that appeal has not been finally determined before that date; or
b
in respect of a determination made by a Primary Care Trust in accordance with regulation 8 before the relevant date, the time limit specified in regulation 9(2) for appealing that determination has not expired before the relevant date, and the dentist serves a notice of appeal on or after the relevant date but within the time limit specified in regulation 9(2),
that appeal shall be determined pursuant to regulations 9, 10, 11 and 12, as if the amendments to those regulations and Schedule 5 had not taken effect.
2
Where an appropriate PCT has made a determination in respect of a dentist on or after the relevant date pursuant to this Part —
a
the dentist shall be entitled to appeal against that determination in accordance with regulation 9; and
b
that appeal shall be determined pursuant to regulations 9, 10, 11 and 12,
as if the amendments to those regulations and to Schedule 5 had not taken effect.
3
Where, on or after the relevant date, the Secretary of State is determining pursuant to regulation 9, 10, 11 or 12 what (if any) action to take in respect of a dentist, she shall make a determination pursuant to those regulations as if the amendments to those regulations and to Schedule 5 had not taken effect and that determination shall have effect in accordance with this article.
4
If, in accordance with paragraph (3), the Secretary of State determines pursuant to —
a
regulation 9(3)(d), that there has been an overpayment and, if so, what amount;
b
regulation 8(5)(a) and 9(3) or 11, that an amount shall be recovered from the dentist;
c
regulation 8(5)(c) and 9(3), that she would have warned the dentist to comply more closely with his terms of service in future, if those terms of service were still applicable; or
d
regulation 12, that she would have imposed a prior approval requirement on the dentist,
she shall, in addition to the persons specified in regulation 10(14), notify the Primary Care Trust specified in paragraph (5).
5
The Secretary of State shall, pursuant to paragraph (4)(a) to (4)(d), notify the contracting PCT and the Performers List PCT (if any) of her determination if those Primary Care Trusts are different to the Primary Care Trust referred to in regulation 10(14).
6
Where, pursuant to regulation 8(5)(a), 9(3) or 11, the Secretary of State has determined that an amount shall be recovered from a dentist she shall direct the appropriate PCT, to recover that amount from the dentist and that amount shall be a debt owed to that appropriate PCT.
7
Where, pursuant to paragraph (5), the Secretary of State has notified the contracting PCT that she has taken any of the decisions specified in paragraph (4)(a) to (4)(d), whether or not the contracting PCT is also the appropriate PCT, paragraph (8) shall apply without prejudice to any other right the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general dental services contract or personal dental services agreement.
8
Where this paragraph applies, the contracting PCT may, in relation to a relevant contractor, take into account the determination of the Secretary of State if it is considering, pursuant to a term of the general dental services contract that gives effect to paragraph 73(7) of Schedule 3 to the GDS Contracts Regulations or the personal dental services agreement that gives effect to paragraph 71(7) of Schedule 3 to the PDS Agreements Regulations whether the cumulative effect of breaches under that contract or agreement is such that to allow the contract or agreement to continue would be prejudicial to the efficiency of the services provided under that contract or agreement.
9
The contracting PCT shall not, pursuant to paragraph (8), take into account any notification received that relates to a determination that was made by the Secretary of State that occurred more than 6 years prior to the date upon which the contracting PCT is considering the matter pursuant to paragraph (8).
10
Where a Performers List PCT has received notification from the Secretary of State pursuant to paragraph (4) or (5), whether or not the Performers List PCT is also the appropriate PCT, it shall consider what (if any) action it should take in respect of that dentist pursuant to its powers under the Performers Lists Regulations.
Functions of Local Dental Committees
37
Where —
a
a Local Dental Committee has, before the relevant date had any matter referred to it for its consideration that it had not finally determined before the relevant date; and
b
pursuant to this Part, that matter is to be determined by the Local Dental Committee on or after the relevant date,
the Local Dental Committee that is recognised by a Primary Care Trust pursuant to section 45B of the 1977 Act (local dental committees) shall be the Committee to consider or determine the matter.
PART 5
TRANSITIONAL PROVISIONS: ABOLITION OF THE BOARD
Functions of the Board in respect of general dental services
38
1
Subject to paragraph (3), the functions of the Board under the 1992 Regulations which are specified in paragraph (2) shall be exercisable by the NHS Business Services Authority in respect of general dental services provided before 1st April 2006.
2
The specified functions referred to in paragraph (1) are —
a
the approval and making of payments under regulation 20;
b
the recovery of overpayments under regulation 22;
c
the making of any payments under regulation 26(7);
d
the consideration of overpayments, notification of overpayments and recovery of such overpayments under regulation 28;
e
the payments to dentists suspended by Primary Care Trusts under regulation 28B;
f
complying with the request from the Primary Care Trust for a written statement in accordance with regulation 30A(5) of the 1992 Regulations and any steps in the appeal which the Board may have taken before 1st April 2006; and
g
the authority to request any records, forms, radiographs, photographs and study models under paragraph 25(3) of Schedule 1 to the 1992 Regulations.
3
Notwithstanding the revocation of the 1992 Regulations, for the purposes of the NHS Business Services Authority exercising the functions of the Board, the provisions specified in paragraph (2) shall continue to have effect as on 31st March 2006 and references to the Board in those provisions shall be read as a reference to the NHS Business Services Authority.
Appeals from decisions of the Board
39
1
Notwithstanding the revocation of the 1992 Regulations and subject to the following paragraphs, regulation 30A of the 1992 Regulations will continue to have effect in respect —
a
of a person who is aggrieved by a decision of —
i
the Board made before 1st April 2006, or
ii
the NHS Business Services Authority made after 31st March 2006,
in respect of the treatment or intended treatment of a patient as part of general dental services before 1st April 2006;
b
a dentist who is aggrieved by a decision of —
i
the Board made before 1st April 2006, or
ii
the NHS Business Services Authority made after 31st March 2006,
concerning fees payable to him in respect of the provision or intended provision of general dental services before 1st April 2006.
2
In a case where paragraph (1) applies —
a
the reference in regulation 30A(1) to (3), (6), (10) and (11) of the 1992 Regulations to the Board shall be read as if it were a reference to the Board or the NHS Business Services Authority; and
b
the reference in regulation 30A(5), (8), (9) and (14) of the 1992 Regulations to the Board shall be read as if it were a reference to the NHS Business Services Authority.
Local Dental Committees in respect of appeals
40
Where —
a
a Local Dental Committee is to be consulted after 1st April 2006 in accordance with regulation 30A(6)(a) of the 1992 Regulations; or
b
a Local Dental Committee is to make a nomination to a panel after 1st April 2006 in accordance with regulation 30A(7) of the 1992 Regulations,
the Local Dental Committee that is recognised by a Primary Care Trust pursuant to section 45B of the 1977 Act shall be the Committee to be consulted or to make the nomination for the purpose of the continuing application of regulation 30A(6) and (7) of the 1992 Regulations.
Functions of the Board in respect of personal dental services
41
1
In respect of the provision of personal dental services on or before 31st March 2006, the functions of the Board which are exercisable as a consequence of —
a
regulation 2 (information, statistics, reports etc );
b
regulation 4 (overpayments); or
c
regulation 5 (superannuation),
of the Dental Practice Board (Personal Dental Services) Regulations 1998 and article 28, notwithstanding the revocation of those Regulations, are to be exercised by the NHS Business Services Authority in accordance with those Regulations and the Directions to the Dental Practice Board Concerning Functions relating to Personal Dental Services Pilot Schemes given by the Secretary of State as they had effect on 31st March 2006 and as if the reference in those Regulations and Directions to the Board were a reference to the NHS Business Services Authority.
2
For the purposes of paragraph (1), regulation 6 of the Dental Practice Board (Personal Dental Services) Regulations 1998 (monitoring dental treatment) shall, notwithstanding the revocation of those Regulations, continue to have effect in respect of treatment or a description of treatment carried out on or before 31st March 2006 as if the reference to the Board in that regulation were a reference to the NHS Business Services Authority.
3
The ancillary functions which relate to the functions specified in paragraph (1) and which are referred to in, or are a consequence of, directions 14(b), 17, 23(a) and 25(b) of, and paragraph 12 of Schedule 1 to, the PDS Directions shall be exercisable by the NHS Business Services Authority.
4
In relation to the terms of a pilot scheme agreement which give effect to the directions mentioned in paragraph (3), any reference to the Board in that agreement shall be read as a reference to the NHS Business Services Authority for the purposes of the exercise of functions by that Authority.
Rights and transfer of liabilities of the Board
42
1
Any right that was on or before 31st March 2006 enforceable by or against the Board shall, on or after that date, be enforceable by or against the NHS Business Services Authority.
2
On 1st April 2006 all rights and liabilities of the Board shall be transferred to the NHS Business Services Authority.
3
Anything done by or on behalf of the Board in relation to the rights and liabilities of the Board shall be treated, from the 1st April 2006 as having been done by or on behalf of the NHS Business Services Authority.
Transfer of Board officers
43
1
In this article, “officer” has the same meaning as in the Dental Practice Board Regulations 1992 .
2
This article shall apply in relation to an officer of the Board who on 31st March 2006 is wholly or mainly engaged in the performance of duties prescribed under section 37(1)(a) of the 1977 Act or other functions conferred under section 37(1) and (1C) of that Act .
3
Any officer of the Board to whom paragraph (1) applies shall, on 1st April 2006, be transferred to the employment of the NHS Business Services Authority.
4
The contract of employment of an officer of the Board transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the NHS Business Services Authority.
5
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the Board are transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), to the NHS Business Services Authority; and
b
anything done before the date of the transfer by or in relation to the Board in respect of an officer or his contract of employment, shall be deemed to have been done by or in relation to the NHS Business Services Authority.
6
Paragraphs (2) and (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the NHS Business Services Authority and has informed the Board.
7
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the Board shall be terminated immediately before the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the Board.
8
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Transfer of property
44
On 1st April 2006 all property of the Board is transferred to the NHS Business Services Authority.
Outstanding accounts of the Board
45
The NHS Business Services Authority may take such steps as may be necessary in connection with matters arising in relation to the accounts of the Board and the performance of all statutory duties relating to those accounts.
PART 6
MISCELLANEOUS TRANSITIONAL, CONSEQUENTIAL AND REVOCATIONS PROVISIONS
Transitional provision in relation to the Family Health Services Appeal Authority (Procedure) Rules 2001
46
Notwithstanding the amendments made to the Family Health Services Appeal Authority (Procedure) Rules 2001 by paragraph 10 of Schedule 1, those Rules shall, in relation to any decision of a Primary Care Trust made before 1st April 2006, continue to apply as they had effect on 31st March 2006 and as if those amendments had not been made.
Amendment to the Transitional Order
47
For articles 4(3)(b) and 5(3)(b) (entitlement to a general dental services contract) and 16(2)(b) and 17(2)(b) (entitlement to a personal dental services agreement) of the Transitional Order, there shall be substituted —
b
on maternity or adoption leave and —
i
is or has been, for all or part of that leave, in receipt of payments in respect of the leave by virtue of Determination VI of the SDR, and
ii
the duration of that leave on that date does not exceed 52 weeks;
ba
on paternity leave and is, on that date, in receipt of payments in respect of Determination VI of the SDR;
.
Minor and consequential amendments
48
The provisions listed in Schedules 1 and 2 are amended as there specified.
Revocations
49
The provisions listed in Schedule 3 are revoked to the extent there specified.
Signed by authority for the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
Date 3rd March 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Export Control (Amendment) Order 2006 and shall come into force on the 23rd August 2006.
2
In this Order —
“the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ; and
“the Trade Order ” means the Trade in Goods (Control) Order 2003 .
3
In paragraph 1A of article 3 of the 2003 Order after the words “are prohibited to be exported to any Member State” add “or any of the Channel Islands”.
4
In paragraph 11(b)(iii) of article 11 of the 2003 Order insert at the end “, or from a Member State to any of the Channel Islands or from any of the Channel Islands to a Member State”.
5
In paragraph 9(a) of article 21 of the 2003 Order delete the words “as it applies to any person who is concerned (in whatever capacity) in the exportation of goods for which an entry is required by or under that Act”.
6
In paragraph (4A)(a) of article 3 of the Trade Order insert at the end “, or from a Member State to any of the Channel Islands or from any of the Channel Islands to a Member State”.
7
In paragraph (4A) of article 4 of the Trade Order insert at the end “, or from a Member State to any of the Channel Islands or from any of the Channel Islands to a Member State”.
Malcolm Wicks
Minister of State for Energy
Department of Trade and Industry
19th August 2006


text:
Citation and commencement
1
This Order may be cited as the Port of Blyth (Battleship Wharf Railway) Order 2006 and shall come into force on 3rd July 2006.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the railway and any other works authorised by this Order;
“ the Commissioners ” means the Blyth Harbour Commissioners;
“the deposited plans” and “the deposited sections” mean the plans and sections certified by the Secretary of State as the deposited plans and sections prepared in pursuance of rule 12(1) and (3) respectively of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 for the purposes of this Order;
“electronic transmission” means a communication transmitted —
by means of an electronic communications network; or
by other means but while in electronic form;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the limits of deviation” means the limits of deviation for the railway shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“ Network Rail ” means Network Rail Infrastructure Limited;
“the railway” means the railway authorised to be constructed by article 5(1) or any part of it;
“the street” means North Blyth Road in the district of Wansbeck and includes part of that road;
“street authority”, in relation to the street, has the same meaning as in Part III of the 1991 Act; and
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.
2
All points, lengths and other measurements stated in the Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, length or other measurement.
Incorporation of Railways Clauses Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 58 (company to repair roads used by them), except for the words from “if any question” to the end;
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
Section 5 of the Railways Clauses Act 1863 (level crossings) shall be incorporated in this Order.
3
In those provisions, as incorporated in this Order —
“the company” means the Commissioners;
“goods” includes any thing conveyed on the railway;
“the railway” means any railway authorised to be constructed by this Order and any other authorised works; and
“the special Act ” means this Order;
4
The following enactments shall not apply to the railway —
a
the Highway (Railway Crossings) Act 1839 ; and
b
section 9 of the Railway Regulation Act 1842 .
Application of the 1991 Act
4
1
The provisions of the 1991 Act mentioned in paragraph (2) which, together with other provisions of that Act, apply in relation to the execution of street works and any regulations made or code of practice issued or approved under those provisions shall apply (with the necessary modifications) in relation to the temporary stopping up, alteration or diversion of the street by the Commissioners under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
2
The provisions of the 1991 Act referred to in paragraph (1) are —
section 54 (advance notice of certain works), subject to paragraph (3);
section 55 (notice of starting date of works), subject to paragraph (3);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
3
Sections 54 and 55 of the 1991 Act as applied by paragraph (1) shall have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case maybe) required in a case of emergency.
Power to construct and maintain railway
5
1
The Commissioners may construct and maintain a railway (1,100 metres in length) in the district of Wansbeck in the county of Northumberland commencing by a junction with the existing railway of Network Rail authorised by the North Eastern Railway Act 1893 (Railway 2) at ordnance survey national grid reference point NZ430748583426 and extending in a southerly direction, crossing North Blyth Road on the level and terminating in the Port of Blyth at Battleship Wharf at ordnance survey national grid reference point NZ431162582450.
2
Subject to article 6, the railway may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Subject to paragraph (5), the Commissioners may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the railway, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables; and
b
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the railway.
4
Subject to paragraph (5), the Commissioners may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the railway, other than works that would interfere with a navigable watercourse.
5
Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation.
Power to deviate
6
In constructing or maintaining the railway, the Commissioners may —
a
deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for the railway; and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 1 metre upwards; or
ii
to any extent not exceeding 2 metres downwards.
Level crossing
7
1
The Commissioners may construct the railway so as to carry it with a single line of rails on the level across North Blyth Road within the limits of deviation.
2
The Commissioners may in the exercise of the powers conferred by this article alter the level of North Blyth Road.
3
The highway authority and the Commissioners may enter into agreements with respect to the construction and maintenance of the level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
Power to execute street works
8
1
The Commissioners may, for the purposes of the authorised works, enter upon so much of the street as is within the limits of deviation for the railway and may —
a
break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;
b
place apparatus in the street;
c
maintain apparatus in the street or change its position; and
d
execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).
2
In this article “apparatus” has the same meaning as in Part III of the 1991 Act.
Temporary stopping up of street
9
1
The Commissioners, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert the street and may for any reasonable time —
a
divert the traffic from the street; and
b
subject to paragraph (2), prevent all persons from passing along the street.
2
The Commissioners shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
3
The Commissioners shall not exercise the powers conferred by this article without first consulting the street authority.
4
Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Discharge of water
10
1
The Commissioners may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
2
Any dispute arising from the exercise of the powers in paragraph (1) to connect to or use a public sewer or drain shall be determined as if it were a dispute under section 106 of the Water Industry Act 1991 .
3
The Commissioners shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose, but shall not be unreasonably withheld.
4
The Commissioners shall not make any opening into any public sewer or drain except —
a
in accordance with plans approved by the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld; and
b
where the authority has been given the opportunity to supervise the making of the opening.
5
The Commissioners shall not, in the exercise of the powers conferred by this article, damage or interfere with the beds or banks of any watercourse forming part of a main river.
6
The Commissioners shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
7
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
8
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker; and
b
other expressions, except watercourses, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Power to operate and use railway
11
1
The Commissioners may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of goods.
2
Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part I of the Railways Act 1993 .
Power to charge for carriage of goods
12
The Commissioners may demand, take and recover or waive such charges for carrying goods on the railway or for any other services or facilities provided in connection with the operation of the railway, as they think fit.
Maintenance of approved works, etc.
13
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railway authorised by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway so authorised.
2
If without reasonable cause the provisions of paragraph (1) are contravened, the Commission shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Obstruction of construction of authorised works
14
Any person who, without reasonable excuse, obstructs any person acting under the authority of the Commissioners in setting out the lines of the railway or in constructing any authorised work or who interferes with, moves or removes any apparatus belonging to any such person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Trespass
15
1
Any person who —
a
trespasses on any part of the railway, or
b
trespasses on any land of the Commissioners in dangerous proximity to the railway or to any electrical or other apparatus used for or in connection with the operation of the railway,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass on the railway was clearly exhibited and maintained at the level crossing of the street.
Certification of plans, etc.
16
The Commissioners shall, as soon as practicable after the making of this order, submit copies of the deposited plans and the deposited sections to the Secretary of State for certification that they are, respectively, true copies of the plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
17
1
A notice or other document required or authorised to be served for the purposes of this Order may be served —
a
by post, or
b
subject to paragraphs (5), (6), (7) and (8) by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given his consent to the use of electronic transmission either in writing or by electronic transmission.
6
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.
7
A person may revoke his consent to the use of electronic transmission in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order he shall —
a
give notice in writing or by electronic transmission revoking any consent given by him for that purpose; and
b
such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
9
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Arbitration
18
Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institute of Civil Engineers.
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
12th June 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Modification of Schemes) Regulations 2006.
2
Regulations 6 and 7 shall come into force on 30th March 2006 and all other regulations shall come into force on 6th April 2006.
3
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995;
“the 2004 Act ” means the Finance Act 2004 ;
“the 2006 Regulations ” means the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2006 ;
“protected rights” has the same meaning as in section 10 of the 1993 Act (protected rights and money purchase benefits);
“public service pension scheme” has the same meaning as in section 1 of the 1993 Act (categories of pension schemes);
“registered pension scheme” means a scheme which is a registered pension scheme for the purposes of Part 4 of the 2004 Act (pension schemes etc. );
“scheme” means an occupational pension scheme;
“the scheme administrator” has the same meaning as in section 270 of the 2004 Act (meaning of scheme administrator);
“the transitional period” has the same meaning as in regulation 1(2) of the 2006 Regulations;
“unauthorised member payment” has the same meaning as in section 160(2) of the 2004 Act (payments by registered pension schemes).
Schemes exempted from the subsisting rights provisions
2
For the purposes of section 67(1)(b) of the 1995 Act (the subsisting rights provisions), a scheme of a prescribed description is —
a
a scheme with fewer than two members; or
b
a scheme which is not a registered pension scheme.
Non-application of the subsisting rights provisions
3
For the purposes of section 67(3)(b) of the 1995 Act, the prescribed manner of the exercise of any modification power in relation to a scheme to which the subsisting rights provisions do not apply, is any modification of a scheme —
a
which provides for any or all of a member’s or survivor’s subsisting rights to —
i
be assigned;
ii
be commuted;
iii
be surrendered;
iv
be charged;
v
have a lien exercised in respect of them; or
vi
have a set-off exercised in respect of them,
provided that a modification in such a manner is not prohibited under section 91 of the 1995 Act (inalienability of occupational pension), any other enactment or other rule of law;
b
which provides for any or all of a member’s or survivor’s subsisting rights to be forfeited provided that a modification in such a manner is not prohibited under section 92 of the 1995 Act (forfeiture), any other enactment or other rule of law;
c
to provide for the revaluation of an earner’s earnings factors in accordance with section 16(1) or (2) of the 1993 Act (guaranteed minimum pensions: revaluation of earnings factors for purposes of section 14: early leavers etc.);
d
which provides for the rate of pension or annuity provided in respect of subsisting rights which are protected rights —
i
to be calculated on the basis that the member will not, in the event of his death, be survived by a widow, widower or surviving civil partner, and
ii
provides that the member must consent to the calculation of his pension or annuity being on that basis;
e
which provides for the transfer of a member’s or survivor’s subsisting rights —
i
with his consent; or
ii
without his consent in accordance with the conditions specified in regulation 12 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (short service benefit: transfer of member’s accrued rights without consent);
f
which ensures that any payment made by the scheme, relating to rights which accrued on or after 6th April 2006, is not an unauthorised member payment;
g
which ensures that the scheme administrator can pay —
i
any short service refund lump sum charge or special lump sum death benefits charge under sections 205 and 206 of the 2004 Act (short service refund lump sum charge and special lump sum death benefits charge) for which it is liable;
ii
any lifetime allowance charge for which, under section 217 of the 2004 Act (persons liable to charge), it is jointly and severally liable with the individual (to whom the charge relates);
h
which has the same effect as any or all of the modifications in regulations 3 to 8 of the 2006 Regulations (modification of rules of existing schemes), but without limitation to the transitional period; or
i
which provides in relation to all or part of a member’s subsisting rights that after his death —
i
a surviving civil partner is treated in the same way as a widow or widower, and
ii
the rights of any other survivor of the member are determined as if the surviving civil partner were a widow or widower.
Qualifications or experience required for a person providing an actuarial equivalence statement
4
For the purposes of section 67C(7)(a)(ii) of the 1995 Act (the actuarial equivalence requirements), a person with the prescribed qualifications or experience is a —
a
Fellow of the Faculty of Actuaries ; or
b
Fellow of the Institute of Actuaries .
Calculation of the actuarial value of affected member’s subsisting rights
5
1
The prescribed requirements with which any calculation of the actuarial value of an affected member’s subsisting rights must conform, for the purposes of the actuarial value requirement in section 67C(5) of the 1995 Act, are those specified in paragraph (2).
2
The actuary —
a
shall calculate the value of the subsisting rights of an affected member by adopting methods and making assumptions which —
i
have been notified to the trustees of the scheme;
ii
are consistent with methods and assumptions used by the trustees as at the date of the modification to calculate a cash equivalent transfer value in accordance with regulation 7(3)(b) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 (manner of calculation and verification of cash equivalents); and
iii
exclude any provisions relating to a reduction in the value of an affected member’s cash equivalent transfer value due to the funding position of the scheme;
b
shall ensure that the calculation of the actuarial value of an affected member’s subsisting rights is made in accordance with any guidance that is prepared by the Faculty and Institute of Actuaries which is current on the date that the actuarial equivalence statement is obtained by the trustees;
c
shall exclude from the subsisting rights calculation —
i
the value of any subsisting rights that have been surrendered, commuted or forfeited before the date on which the modification of the scheme takes effect;
ii
the value of any amounts paid, or due to be paid, in respect of any pension or other benefit in payment to an affected member in respect of a period prior to the date on which the modification takes effect;
iii
the value of discretionary benefits that have not been awarded to an affected member or are not in payment on the date on which the modification takes effect;
iv
any subsisting rights which consist wholly or partly of rights to money purchase benefits where —
aa
those benefits are not valued in a manner which involves making estimates of the value of the rights, and
bb
the modification has no effect on the value of those rights.
Modification of schemes: Finance Act 2004
6
1
The trustees of a trust scheme may by resolution passed before 6th April 2011 modify the scheme for the purposes of —
a
achieving the same effect as all of the modifications in regulations 3 to 8 of the 2006 Regulations, but without limitation as to the transitional period; and
b
amending the scheme rules so that the 2006 Regulations no longer apply in relation to the scheme with effect from the date on which the modifications referred to in sub-paragraph (a) take effect.
2
Modifications made by resolution under paragraph (1) may have effect from a date before the date the resolution is passed but not before 6th April 2006.
3
Modifications made under paragraph (1) shall have effect from any date on or after 6th April 2006.
4
Without prejudice to section 67 of the 1995 Act, modifications made by resolution under paragraph (1)(a) may be modified by exercise of any power conferred on any person by a scheme to modify the scheme.
Modification of schemes: surviving civil partners
7
1
Subject to paragraph (2), the trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after his death —
a
a surviving civil partner is treated in the same way as a widow or widower, and
b
the rights of any other survivor are determined as if the surviving civil partner were a widow or widower.
2
A modification under paragraph (1) which confers rights on surviving civil partners which are in excess of what is required to comply with the relevant requirements of the Civil Partnership Act 2004 shall not be made unless —
a
the employer in relation to the scheme consents; or
b
in the case of a scheme where there is more than one employer —
i
a person nominated by the employers, or otherwise in accordance with the scheme rules, to act as the employers' representative (the “nominee”) consents; or
ii
where there is no such nominee, all of the employers in relation to the scheme consent other than any employer who has waived his right to give such consent.
Modification of schemes: prescribed schemes
8
For the purposes of section 68(6) of the 1995 Act (the power to modify schemes by resolution does not apply to trust schemes within a prescribed class or description), the prescribed class or description of trust schemes is any scheme —
a
in respect of which any Minister of the Crown has given a guarantee or made arrangements for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities; and
b
which is a public service pension scheme.
Revocations
9
The enactments listed in the Schedule are revoked to the extent specified.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
14th March 2006


text:
1
This Order may be cited as the A595 Trunk Road (Calder Bridge to A5092 at Grizebeck) (Detrunking) Order 2006 and shall come into force on 1st October 2006.
2
In this Order —
i
“the plan” means the plan, numbered HA10/OD/336 and marked“The A595 Trunk Road (Calder Bridge to A5092 at Grizebeck) (Detrunking) Order 2006” signed by the Secretary of State for Transport, and deposited atODPM Records Management Branch, Ashdown House, St. Leonards-on-Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A595 Trunk Road (A595) between Calder Bridge and its junction with the A5092 at Grizebeck.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director Highways Agency
7th March 2006


text:
1
This Order may be cited as the A1 Trunk Road (B1081 Junction Improvement Carpenter’s Lodge) Order 2006 and shall come into force on 1st December 2006.
2
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
“the new trunk roads” means the new slip roads;
“the plan” means the plan folio consisting of the key plan and the site plan, numbered HA 10/MP/055 and marked “The A1 Trunk Road (B1081 Junction Improvement Carpenter’s Lodge) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Ian Scholey
A Divisional Director Highways Agency
2nd November 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the Yorkshire Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Yorkshire Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service and, in particular, to provide and manage —
a
ambulance and associated transport services; and
b
such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.
Directors of the trust
4
The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2006.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006


text:
Citation and commencement
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 and comes into force on the expiry of the period of 14 days beginning with the day on which this Order is made.
Amendment of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
2
In the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 insert —
a
after article 11(1)(e) —
f
sections 141 and 143 of the Immigration and Asylum Act 1999 ; and
g
sections 40 and 41 of the Immigration, Asylum and Nationality Act 2006 .
;
b
after article 12(4) —
4A
An act or omission which constitutes an offence under section 41 of the Immigration, Asylum and Nationality Act 2006 shall also be an offence if it takes place in a Control Zone in France.
; and
c
after paragraph 1 of Schedule 2 —
Immigration and Asylum Act 1999
1A
In the Immigration and Asylum Act 1999 in section 141 (fingerprinting) —
a
in subsection (7)(a) for “on his arrival in the United Kingdom” substitute “in a Control Zone”
b
in subsection (9)(b) for “his removal or deportation from the United Kingdom” substitute “his leaving a Control Zone”.
.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
4th November 2006