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PART 1
GENERAL
Citation, commencement and application
1
1
This Order may be cited as the General Dental Services and Personal Dental Services Transitional Provisions Order 2005 and shall come into force on 3rd January 2006.
2
This Order applies in relation to England only.
Interpretation
2
1
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1990 Act ” means the National Health Service Act 1990 ;
“the 2003 Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“the 1992 Regulations ” means the National Health Service (General Dental Services) Regulations 1992 ;
“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;
“course of treatment” has the meaning given to it in the GDS Contracts Regulations ;
“dental list” means the list of dental practitioners undertaking to provide general dental services for persons in its area that is or was kept by a Primary Care Trust under section 36(1)(a) of the 1977 Act (regulations as to section 35) ;
“dental performers list” means a list of dental practitioners prepared in accordance with the Performers List Regulations;
“ Dentists Act ” means the Dentists Act 1984 ;
“Dentists Register” means the register kept by the General Dental Council under section 14 of the Dentists Act (the dentists register and the registrar);
“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) ;
“mandatory services” has the meaning given to it in the GDS Contracts Regulations;
“ NHS Charges Regulations ” means the National Health Service (Dental Charges) Regulations 2005 ;
“orthodontic course of treatment” has the meaning given to it in the GDS Contracts Regulations;
“ PDS Agreements Regulations ” means the National Health Service (Personal Dental Services) Regulations 2005 ;
“ PDS Directions ” means the Directions to Health Authorities concerning the implementation of pilot schemes (personal dental services) ;
“ Performers Lists Regulations ” means the National Health Service (Performers Lists) Regulations 2004 ;
“personal dental services agreement” means an agreement for primary dental services under section 28C of the 1977 Act (personal medical or dental services) ;
“pilot dentist” means, in relation to a particular pilot scheme agreement, a dentist who performs dental services by giving care and treatment in connection with that pilot scheme;
“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;
“relevant service” means —
whole-time service in the armed forces of the Crown in a national emergency either as a volunteer or otherwise;
compulsory whole-time service in those forces, including service resulting from any reserve liability; or
any equivalent service by a person liable for compulsory whole-time service in those forces;
“ 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 has or had effect on 31st March 2006;
“section 35 arrangements” means arrangements made under section 35 of the 1977 Act (arrangements for general dental services) ; and
“treatment”, in respect of a period before 1st April 2006, shall have the same meaning as in regulation 2 of the 1992 Regulations.
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
GENERAL DENTAL SERVICES
CHAPTER 1
Entitlement to General Dental Services Contracts
Entitlement to a general dental services contract
3
1
For the purposes of section 173(2) of the 2003 Act, the circumstances in which a Primary Care Trust must enter into a general dental services contract with a person who, on 31st March 2006, is providing services under section 35 of the 1977 Act are prescribed in articles 4 and 5.
2
Nothing in this Order shall require a Primary Care Trust to enter into a general dental services contract with any person (whether as an individual or as a member of a partnership) on more than one occasion.
Individual dental practitioner
4
1
Subject to paragraphs (2) and (3), a Primary Care Trust must, if a person so wishes, enter into a general dental services contract with him as an individual dental practitioner if —
a
on 31st March 2006 or, if earlier, on the date on which the contract is to be signed, he is included in the dental list of that Primary Care Trust;
b
on the date on which the contract is to be signed, he is practising as an individual dental practitioner and —
i
no other dental practitioner, or
ii
no other person providing services under section 35 arrangements,
practises in partnership with him; and
c
in the case of a contract that is to be signed after 31st March 2006, he is, at the date on which the contract is to be signed, included in a dental performers list.
2
A person shall not be entitled to enter into a general dental services contract if he is an individual dental practitioner who is included in the dental list and in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner provides only orthodontic treatment.
3
A person shall be treated as practising for the purposes of paragraph (1)(b) if he would have been so practising on the date in question except for the fact that on that date he is —
a
suspended from the —
i
Dentists Register under section 32 of the Dentists Act (interim suspension) or by a direction or order of the Health Committee under that Act (health cases),
ii
dental list under section 49I (suspension for the protection of the public or in the public interest) or 49J (suspension pending appeal) of the 1977 Act , or
iii
dental performers list under regulation 13 of the Performers Lists Regulations (suspension for the protection of public or in the public interest);
b
on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;
c
on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
d
performing relevant service.
4
Where a person is suspended under or as a consequence of any of the provisions referred to in paragraph (3)(a), a Primary Care Trust shall only be required under paragraph (1) to enter into a general dental services contract with him during the period of that suspension if it is satisfied that —
a
having regard to the grounds for suspension he is able to provide (but not perform) services under the contract and the Primary Care Trust is not at risk of material financial loss;
b
the entering into the contract would not —
i
put at risk the safety of the contractor’s patients, or
ii
be prejudicial to the efficiency of the provision of primary dental services in the area of the Primary Care Trust; and
c
the practitioner has in place adequate arrangements for the provision of services under the contract during the period of his suspension.
5
Where a Primary Care Trust refuses to enter into a general dental services contract as a consequence of paragraph (4), it shall notify the prospective contractor in writing of its decision, reasons for that decision and of the individual’s right of appeal under article 7.
6
Where the contracting parties are unable to agree on a particular term of the general dental services contract and the dispute is referred to the Secretary of State for determination in accordance with section 4 of the 1990 Act ( NHS contracts) or regulation 8(1) of the GDS Contracts Regulations (pre-contract disputes), the determination may if it is made after the contract has been entered into —
a
vary the terms of the contract; or
b
bring the contract to an end.
7
Where a determination is made in accordance with paragraph (6), section 4(8)(a) and (b) of the 1990 Act shall apply in respect of the determination where the terms of the general dental services contract is varied or brought to an end.
Partnerships
5
1
Subject to paragraph (2), a Primary Care Trust must, if a person so wishes, enter into a general dental services contract with him as one of two or more individuals practising in partnership if —
a
on 31st March 2006 or, if earlier, on the date on which the contract is to be signed, he is included in the dental list of that Primary Care Trust and is practising;
b
on 31st March 2006 or, if earlier, on the date on which the contract is to be signed, he is in partnership with one or more persons who are —
i
included in the dental list of the Primary Care Trust, or
ii
providing general dental services under section 35 arrangements (and are not dental practitioners); and
c
he wishes to enter into a contract as an individual practising in partnership with the persons referred to in paragraph (b).
2
A dental practitioner does not fall within paragraph (1)(a) if he is included in the dental list on the date in question , and in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner only provides orthodontic treatment.
3
A person shall be treated as practising for the purposes of paragraph (1)(a) if he would have been so practising on the date in question except for the fact that on that date he is —
a
suspended from the —
i
Dentists Register by order under section 32 of the Dentists Act or by a direction or order of the Health Committee under that Act,
ii
dental list under section 49I or 49J of the 1977 Act, or
iii
dental performers list under regulation 13 of the Performers Lists Regulations;
b
on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave pursuant to Determination VI of the SDR;
c
on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
d
performing relevant service.
4
Where the person referred to in paragraph (1)(a) is suspended under or as a consequence of any of the provisions referred to in paragraph (3)(a), a Primary Care Trust shall only be required under paragraph (1) to enter into a general dental services contract with that person and the persons practising in partnership with him, if it is satisfied that —
a
having regard to the grounds for suspension the individual so suspended is able to provide (but not perform) services under the contract and the Primary Care Trust is not at risk of material financial loss;
b
the entering into the contract would not —
i
put at risk the safety of the contractor’s patients, or
ii
be prejudicial to the efficiency of the provision of primary dental services in the area of the Primary Care Trust; and
c
the partnership has in place adequate arrangements for the provision of services under the contract during the period of the individual’s suspension.
5
Where a Primary Care Trust refuses to enter into a general dental services contract as a consequence of paragraph (4), it shall notify the individual who is suspended in writing of its decision, reasons for that decision and of the individual’s right of appeal under article 7.
6
Where the contracting parties are unable to agree on a particular term of the general dental services contract, article 4(6) and (7) shall apply.
Pilot scheme providers
6
1
Subject to section 28M of the 1977 Act (but not subject to regulation 4 and 5 of the GDS Contracts Regulations), a Primary Care Trust must, if a pilot scheme provider so wishes, enter into a general dental services contract instead of a personal dental services agreement where the pilot scheme provider —
a
is entitled to enter into a personal dental services agreement with the Primary Care Trust under article 14;
b
is on 31st March 2006, or if earlier, on the date on which the contract is to be signed, providing services that are equivalent to mandatory services under the pilot scheme agreement; and
c
wishes to enter into a general dental services contract instead of a personal dental services agreement.
2
Where a pilot scheme provider enters into a general dental services contract under paragraph (1), it shall have no entitlement to enter into a personal dental services agreement with the Primary Care Trust under article 14.
3
Where the contracting parties are unable to agree on a particular term of the contract, article 4(6) and (7) shall apply.
Appeal against refusal to enter into a contract as a consequence of a suspension
7
1
A person who has been notified by a Primary Care Trust under article 4(5) or 5(5) of its refusal to enter into a general dental services contract may appeal to the Secretary of State by giving notice in writing to the Secretary of State within a period of six weeks beginning on the day that the Primary Care Trust notified him of the refusal.
2
A notice of appeal under paragraph (1) shall include —
a
the names and addresses of the parties to the dispute;
b
a copy of the notification received from the Primary Care Trust under article 4(5) or 5(5); and
c
a brief statement of the grounds for appeal.
3
The Secretary of State may determine the appeal herself or, if she considers it appropriate, appoint a person or persons to consider and determine it.
4
Before reaching a decision as to who should determine the dispute, the Secretary of State shall, within the period of seven days beginning with the date on which the notice of appeal was sent to her, send a written request to the parties to make in writing, within a specified period, any representations which they may wish to make about the matter.
5
The Secretary of State shall give, with the notice under paragraph (4), to the Primary Care Trust which is a party to the appeal, a copy of the notice of appeal.
6
The Secretary of State shall —
a
give a copy of any representations received from a party to the other party; and
b
in each case request (in writing) a party to whom a copy of the representations is given to make, within a specified period, any written observations on those representations.
7
Following receipt of any representations from the parties or, if earlier, at the end of the period for making such representations specified in the request sent under paragraph (4) or (6), the Secretary of State shall, if she decides to appoint a person or persons to consider and determine the dispute —
a
inform the parties in writing of the name of the person or persons whom she has appointed; and
b
pass to the person or persons so appointed any documents received from the parties pursuant to paragraph (2), (4) or (6).
8
For the purpose of assisting him in his consideration of the matter, the adjudicator may —
a
invite representatives of the parties to appear before him to make oral representations either together or, with the agreement of the parties, separately, and may in advance provide the parties with a list of matters or questions to which he wishes them to give special consideration; or
b
consult other persons whose expertise he considers will assist him in his consideration of the matter.
9
Where the adjudicator consults another person under paragraph (8)(b), he shall notify the parties accordingly in writing and, where he considers that the interests of any party might be substantially affected by the results of the consultation, he shall give to the parties such opportunity as he considers reasonable in the circumstances to make observations on those results.
10
In considering the matter, the adjudicator shall consider —
a
any written representations made in response to a request under paragraph (4), but only if they are made within the specified period;
b
any written observations made in response to a request under paragraph (6), but only if they are made within the specified period;
c
any oral representations made in response to an invitation under paragraph (8)(a);
d
the results of any consultation under paragraph (8)(b); and
e
any observations made in accordance with an opportunity given under paragraph (9).
11
In this article, “specified period” means such period as the Secretary of State shall specify in the request, being not less than two, nor more than four, weeks beginning with the date on which the notice referred to is given, but the Secretary of State may, if she considers that there is good reason for doing so, extend any such period (even after it has expired) and, where she does so, a reference in this article to the specified period is to the period as so extended.
12
The adjudicator may, when determining the appeal require the Primary Care Trust to enter into a general dental services contract with the prospective contractor on terms to be agreed between the parties or, where necessary, determined under the pre-contract dispute resolution procedure in section 4(4) of the 1990 Act (NHS contracts) or under regulation 8 of the GDS Contracts Regulations (pre-contract disputes) (whichever is applicable) but may not require the prospective contractor to proceed with the contract.
13
The adjudicator shall record his determination in writing and shall give notice of the determination (including the record of the reasons) to the parties.
14
The determination of the adjudicator shall be binding upon the parties.
15
Subject to the other provisions of this article, the adjudicator shall have wide discretion in determining the procedure of the appeal to ensure the just, expeditious, economical and final determination of the dispute.
16
In this article, “adjudicator” means the Secretary of State or a person or persons appointed by her under this article.
Duration of entitlement to a general dental services contract
8
1
In a case where —
a
the prospective contractor has appealed in accordance with article 7; and
b
the determination requires the Primary Care Trust to enter into a general dental services contract,
the entitlement of the prospective contractor to enter into such a contract continues for the period of six weeks beginning with the date on which the parties were notified of the determination.
2
Where a person who is entitled to enter into a general dental services contract under article 4(1) or 5(1) has been unable to do so before 1st April 2006 because he is performing relevant service, his entitlement shall continue until the end of the period of six weeks beginning with the date on which he ceases to perform relevant service.
Appeal against failure of a Primary Care Trust to enter into a general dental services contract
9
1
This article applies where a person has —
a
offered to enter into a general dental services contract under article 4, 5 or 6; and
b
as a result of a failure to act by the Primary Care Trust —
i
been unable to sign such a contract before 1st April 2006, or
ii
in a case where article 8 applies, been unable to sign such a contract within the period of entitlement provided for in accordance with that article.
2
Where this article applies, the prospective contractor must, if he wishes to enter into a general dental service contract, apply in writing to the Secretary of State —
a
before 15th April 2006; or
b
in a case where article 8 applies, no later than the end of the period of 14 days beginning on the date his entitlement to enter into such a contract ceases.
3
An application under paragraph (2) shall specify —
a
the names and addresses of the parties to the dispute;
b
the grounds on which the applicant claims to be entitled to enter into a general dental services contract; and
c
the grounds for alleging default by the Primary Care Trust.
4
Article 7(3) to 7(16) shall apply to an application made under paragraph (1), subject to the modification that the references in article 7(4) and (5) to a notice of appeal shall be read as references to an application under paragraph (2) of this article.
CHAPTER 2
Contracts: Required Terms
Number of units of dental activity
10
1
The number of units of dental activity to be provided by the contractor under a general dental services contract entered into under Chapter 1 shall be determined in accordance with —
a
paragraphs (2) to (8) in the case of entitlement to a general dental services contract under article 4 or 5; or
b
paragraphs (5) to (7) in the case of entitlement to a general dental services contract under article 6.
2
The Primary Care Trust shall, by —
a
analysing the data it holds in respect of the care and treatment provided under section 35 arrangements during the year 1st October 2004 to 30th September 2005 by the person or persons with whom the contract is to be entered into;
b
categorising that care and treatment in accordance with Schedules 1 to 4 of the NHS Charges Regulations, and the principles set out in regulation 4(2) to (5) of those Regulations; and
c
reference to the conversion criteria to units of dental activity specified in Part 1 of Schedule 2 to the GDS Contracts Regulations,
calculate how many units of dental activity is the equivalent to the care and treatment provided by that person or persons during the year 1st October 2004 to 30th September 2005.
3
For the purposes of analysing the data in cases where a patient was accepted for care and treatment under a capitation arrangement, the Primary Care Trust shall make an assumption that two clinical examinations have taken place during the year 1st October 2004 to 30th September 2005.
4
The Primary Care Trust shall reduce the number of units of dental activity calculated in accordance with paragraphs (2) and (3) by 5 per cent in order to determine how many units of dental activity the contractor will provide in each financial year.
5
Where —
a
data does not exist for the period specified in paragraph (2)(a); or
b
data does exist, but it is appropriate to adjust the data,
the contractor and the Primary Care Trust shall agree the number of units of dental activity to be provided.
6
Where the contractor and the Primary Care Trust cannot agree the number of units of dental activity as provided for in paragraph (5), the general dental services contract shall state this to be the case, and shall specify a number of units of dental activity which is determined by the Primary Care Trust.
7
In determining the number of units of dental activity to be specified under paragraph (6), the Primary Care Trust shall have regard to any data it holds regarding the amount of care and treatment provided under section 35 arrangements or, as the case may be, the pilot scheme agreement, by the person or persons with whom the general dental services contract is to be entered into in the period since 1st October 2004.
8
Nothing in paragraphs (2) to (4) shall prevent the contracting parties agreeing that the contractor shall provide a number of units of dental activity that is higher or lower than the number calculated in accordance with those paragraphs.
Number of units of orthodontic activity
11
1
The number units of orthodontic activity to be provided by the contractor under a general dental services contract entered into under Chapter 1 shall be determined in accordance with —
a
paragraphs (2) to (6) in the case of entitlement to a general dental services contract under article 4 or 5; or
b
paragraphs (3) to (5) in the case of entitlement to a general dental services contract under article 6.
2
The Primary Care Trust shall, by —
a
analysing the data it holds in respect of the orthodontic care and treatment provided under section 35 arrangements during the year 1st October 2004 to 30th September 2005 by the person or persons with whom the general dental services contract is to be entered into; and
b
reference to the conversion criteria to units of orthodontic activity specified in Part 2 of Schedule 2 to the GDS Contracts Regulations,
calculate how many units of orthodontic activity is the equivalent to the orthodontic care and treatment provided by that person or persons during the year 1st October 2004 to 30th September 2005.
3
Where —
a
data does not exist for the period specified in paragraph (2)(a); or
b
data does exist, but it is appropriate to adjust the data,
the contractor and the Primary Care Trust shall agree the number of units of orthodontic activity to be provided.
4
Where the contractor and Primary Care Trust cannot agree the number of units of orthodontic activity as provided for in paragraph (3), the general dental services contract shall state this to be the case, and shall specify a number of units of orthodontic activity which is determined by the Primary Care Trust.
5
In determining the number of units of orthodontic activity to be specified under paragraph (4), the Primary Care Trust shall have regard to any data it holds regarding the amount of orthodontic care and treatment provided under section 35 arrangements or, as the case may be, the pilot scheme agreement, by the person or persons with whom the general dental services contract is to be entered into in the period since 1st October 2004.
6
Nothing in paragraph (2) shall prevent the contracting parties agreeing that the contractor shall provide a number of units of orthodontic activity that is higher or lower than the number calculated in accordance with paragraph (2).
Premises, facilities and equipment
12
1
Where a Primary Care Trust is not satisfied that the prospective contractor has practice premises to be used for the provision of services under the contract that are —
a
suitable premises for the delivery of those services; or
b
sufficient to meet the reasonable needs of the contractor’s patients,
paragraph 12 of Schedule 3 to the GDS Contracts Regulations shall apply as substituted by paragraph (2).
2
For that paragraph 12 substitute the following —
Premises, facilities and equipment
12
1
The Primary Care Trust and prospective contractor shall ensure that the contract includes a plan that —
a
is drawn up and agreed by the Primary Care Trust and the prospective contractor; and
b
specifies —
i
the steps to be taken by the contractor to bring the practice premises up to the appropriate standard,
ii
any financial support that may be available from the Primary Care Trust, and
iii
the timescale on which the steps referred to in sub-paragraph (i) will be taken.
2
Subject to the plan referred to in sub-paragraph (1), the contractor shall ensure that the practice premises used for the provision of services under the contract are —
a
suitable for the delivery of those services; and
b
sufficient to meet the reasonable needs of the contractor’s patients.
3
The obligation in sub-paragraph (2) includes providing proper and sufficient waiting-room accommodation for patients.
4
The contractor shall provide, in relation to all of the services to be provided under the contract, such other facilities and equipment as are necessary to enable it to perform those services properly.
5
In this paragraph, “practice premises” includes a mobile surgery.
.
Treatment commenced before 1st April 2006
13
1
Where care and treatment is commenced under section 35 arrangements or, as the case may be, a pilot scheme agreement, before 1st April 2006 and is not completed on 31st March 2006, the contractor shall use its best endeavours to complete that treatment under its general dental services contract in accordance with paragraph 5(3) of Schedule 1 or, as the case may be, paragraph 6(2) of Schedule 3 to the GDS Contracts Regulations.
2
Subject to paragraph (3), where treatment specified in a treatment plan provided in accordance with —
a
paragraph 4 of Schedule 1 to the 1992 Regulations (as amended by article 27); or
b
the PDS Directions as modified by article 28,
is not completed by 1st April 2006 that plan shall, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 7 of Schedule 3 to the GDS Contracts Regulations and with regard to it, the requirements in sub-paragraph (1) of that paragraph were satisfied.
3
Where treatment specified in a treatment plan in respect of orthodontic care and treatment provided in accordance with —
a
paragraph 4 of Schedule 1 to the 1992 Regulations (as amended by article 27); or
b
the PDS Directions (as modified by article 28),
is not completed by 1st April 2006 that plan shall, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 6 of Schedule 1 to the GDS Contracts Regulations and with regard to it, the requirements in sub-paragraph (1) of that paragraph were satisfied.
4
Where care and treatment is commenced prior to 1st April 2006 and continues or is completed on or after that date, all of that care and treatment provided shall be treated as though it were a course of treatment or, as the case may be, an orthodontic course of treatment provided in accordance with the GDS Contracts Regulations.
PART 3
PERSONAL DENTAL SERVICES
CHAPTER 1
Entitlement to Personal Dental Services Agreements
Pilot scheme providers
14
1
A Primary Care Trust must, if a pilot scheme provider so wishes, enter into a personal dental services agreement with a provider if, on 31st March 2006 or, if earlier, on the date the agreement is to be signed, the pilot scheme provider is providing services to that Primary Care Trust under a pilot scheme agreement.
2
Where a pilot scheme provider enters into a personal dental services agreement under paragraph (1), it shall have no entitlement to enter into a general dental services contract under article 6.
3
Where the contracting parties are unable to agree on a particular term of the agreement and the dispute is referred to the Secretary of State for determination in accordance with section 4 of the 1990 Act (NHS contracts) or regulation 8(1) of the PDS Agreements Regulations (pre-contract disputes), the determination may if it is made after the agreement has been entered into —
a
vary the terms of the agreement; or
b
bring the agreement to an end.
4
Where a determination is made in accordance with paragraph (3), section 4(8)(a) and (b) of the 1990 Act shall apply in respect of the determination where the agreement is varied or brought to an end.
Persons who would be entitled to enter into a general dental services contract
15
1
A Primary Care Trust must, if a person so wishes, enter into a personal dental services agreement instead of a general dental services contract, where —
a
the person would be entitled to enter into a general dental services contract with it under article 4 or 5; and
b
that person wishes to enter into a personal dental services agreement instead of a general dental services contract.
2
Where the person would be entitled to enter into a general dental services contract under article 5, the personal dental services agreement must be with that person and the persons referred to it in article 5(1)(b).
3
Where a person enters into a personal dental services agreement under paragraph (1), he shall have no entitlement to enter into a general dental services contract under article 4 or 5.
4
Where the contracting parties are unable to agree on a particular term of the agreement, article 14(3) and (4) shall apply.
Individual dental practitioners who provide only orthodontic care and treatment
16
1
Subject to paragraph (2), a Primary Care Trust must, if a person so wishes, enter into a personal dental services agreement with him as the only other party to an agreement if —
a
on 31st March 2006 or, if earlier, on the date on which the agreement is to be signed, he is included in the dental list of that Primary Care Trust and, in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner provides only orthodontic care and treatment;
b
on the date on which the agreement is to be signed, he is practising as an individual dental practitioner and —
i
no other dental practitioner, or
ii
no other person providing services under section 35 arrangements,
practises in partnership with him; and
c
in the case of an agreement that is to be signed after 31st March 2006, he is, at the date on which the agreement is to be signed, included in a dental performers list.
2
A person shall be treated as practising for the purposes of paragraph (1)(b) if he would have been so practising on the date in question except for the fact that on that date he is —
a
suspended from the —
i
Dentists Register under section 32 of the Dentists Act (interim suspension) or by a direction or order of the Health Committee under that Act (health cases),
ii
dental list under section 49I (suspension for protection of the public or in the public interest) or 49J (suspension pending appeal) of the 1977 Act, or
iii
dental performers list under regulation 13 of the Performers Lists Regulations (suspension for the protection of public or in the public interest);
b
on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;
c
on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
d
performing relevant service.
3
Where a person is suspended under or as a consequence of any of the provisions referred to in paragraph (2)(a), a Primary Care Trust shall only be required under paragraph (1) to enter into a personal dental services agreement with him during the period of that suspension if it is satisfied that —
a
having regard to the grounds for suspension he is able to provide (but not perform) services under the agreement and the Primary Care Trust is not at risk of material financial loss;
b
the entering into the agreement would not —
i
put at risk the safety of the contractor’s patients, or
ii
be prejudicial to the efficiency of the provision of primary dental services in the area of the Primary Care Trust; and
c
the practitioner has in place adequate arrangements for the provision of services under the agreement during the period of his suspension.
4
Where a Primary Care Trust refuses to enter into a personal dental services agreement as a consequence of paragraph (3), it shall notify the prospective contractor in writing of its decision, reasons for that decision and of the individual’s right of appeal under article 18.
5
Where the contracting parties are unable to agree on a particular term of the personal dental services agreement, article 14(3) and (4) shall apply.
Partnerships that provide only orthodontic care and treatment
17
1
A Primary Care Trust must, if a person so wishes, enter into a personal dental services agreement with him (and the persons referred to in paragraph (b)) if —
a
on 31st March 2006 or, if earlier, on the date on which the agreement is to be signed, he is —
i
included in the dental list of that Primary Care Trust and, in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in that list that the dental practitioner provides only orthodontic care and treatment, and
ii
practising;
b
on 31st March 2006 or, if earlier, on the date on which the agreement is to be signed, he is practising in partnership with one or more persons who are —
i
included in the dental list of the Primary Care Trust and, in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the list that they provide only orthodontic care and treatment, or
ii
providing general dental services under section 35 arrangements (and are not dental practitioners); and
c
he wishes the Primary Care Trust to enter into an agreement with him and the persons referred to in paragraph (b).
2
A person shall be treated as practising for the purposes of paragraph (1)(a) if he would have been so practising on the date in question except for the fact that on the date he is —
a
suspended from the —
i
Dentists Register under section 32 of the Dentist Act or by a direction or order of the Health Committee under that Act,
ii
dental list under section 49I or 49J of the 1977 Act, or
iii
dental performers list under regulation 13 of the Performers Lists Regulations;
b
on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;
c
on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or
d
performing relevant service.
3
Where the person referred to in paragraph (1)(a) is suspended under or as a consequence of any of the provisions referred to in paragraph (2)(a), a Primary Care Trust shall only be required under paragraph (1) to enter into a personal dental services agreement with that person and the persons referred to in paragraph (1)(b), if it is satisfied that —
a
having regard to the grounds for suspension the individual so suspended is able to provide (but not perform) services under the agreement and the Primary Care Trust is not at risk of material financial loss;
b
the entering into the agreement would not —
i
put at risk the safety of the contractor’s patients, or
ii
be prejudicial to the efficiency of the provision of primary dental services in the area of the Primary Care Trust; and
c
the partnership has in place adequate arrangements for the provision of services under the agreement during the period of the individual’s suspension.
4
Where the Primary Care Trust refuses to enter into a personal dental services agreement as a consequence of paragraph (3), it shall notify the individual who is suspended in writing of its decision, reasons for that decision and of the individual’s right of appeal under article 18.
5
Where the contracting parties are unable to agree on a particular term of the personal dental services agreement, article 14(3) and (4) shall apply.
Appeal against refusal to enter into an agreement as a consequence of a suspension
18
1
A person who has been notified by a Primary Care Trust under article 16(4) or 17(4), of its refusal to enter into a personal dental services agreement may appeal to the Secretary of State by giving notice in writing to the Secretary of State within a period of six weeks beginning on the day that the Primary Care Trust notified him of the refusal.
2
The procedure referred to in article 7(2) to (16) shall apply as if the reference —
a
in paragraph (2)(b), to article 4(5) or 5(5) were to article 16(4) or 17(4); and
b
in paragraph (12) —
i
to a general dental services contract were to a personal dental services agreement,
ii
to GDS Contracts Regulations were to PDS Agreements Regulations, and
iii
to the contract were to the agreement.
Duration of entitlement to a personal dental services agreement
19
1
In a case where —
a
the prospective contractor has appealed in accordance with article 18; and
b
the determination requires the Primary Care Trust to enter into a personal dental services agreement,
the entitlement of the prospective contractor to enter into such an agreement continues for the period of six weeks beginning on the date on which the parties were notified of the determination.
2
Where a person who is entitled to enter into an agreement under article 14(1), 15(1), 16(1) or 17(1) has been unable to do so before 1st April 2006 because he is performing relevant service, he shall be entitled to exercise his entitlement to enter into a personal dental services agreement until the end of the period of six weeks beginning on the date on which he ceases to perform relevant service.
3
Nothing in this Order shall require a Primary Care Trust to enter into a personal dental services agreement with any person (whether that person contracts alone or with others) on more than one occasion.
Appeal against failure of a Primary Care Trust to enter into a personal dental services agreement
20
1
This article applies where a person or persons has —
a
offered to enter into a personal dental services agreement under article 14, 15, 16 or 17; and
b
as a result of a failure to act by the Primary Care Trust —
i
been unable to sign such an agreement before 1st April 2006, or
ii
in a case where article 19 applies, been unable to sign such an agreement within the period of entitlement provided for in accordance with that article.
2
Where this article applies, the prospective contractor must, if he wishes to enter into a personal dental service agreement, apply in writing to the Secretary of State —
a
before 15th April 2006; or
b
in a case where article 19 applies, no later than the end of the period of 14 days beginning on the date his entitlement to enter into such an agreement ceases.
3
An application under paragraph (2) shall specify —
a
the names and addresses of the parties to the dispute;
b
the grounds on which the applicant claims to be entitled to enter into a personal dental services agreement; and
c
the grounds for alleging default by the Primary Care Trust.
4
Article 7(3) to (16) shall apply to an application made under paragraph (2) subject to the modifications in paragraph (5).
5
In article 7 —
a
in paragraphs (4) and (5), the references to notice of appeal shall be read as references to an application under this article; and
b
in paragraph (12) —
i
to a general dental services contract were to a personal dental services agreement,
ii
to GDS Contracts Regulations were to PDS Agreements Regulations, and
iii
to the contract were to the agreement.
CHAPTER 2
Agreements: Required Terms
Duration of agreements
21
1
In the case of entitlement to a personal dental services agreement under article 14, the duration of the agreement to be entered into shall be a period of not less than the unexpired period as at the 31st March 2006 of the pilot scheme agreement.
2
In the case of entitlement to a personal dental services agreement under article 16 or 17, the duration of the agreement to be entered into shall be for a period of not less than five years.
Number of units of dental activity
22
1
The number of units of dental activity to be provided by the contractor under a personal dental services agreement entered into under Chapter 1 shall be determined in accordance with —
a
paragraphs (5) to (7) in the case of entitlement to a personal dental services agreement under article 14; or
b
paragraphs (2) to (8) in the case of entitlement to a personal dental services agreement under article 15.
2
The Primary Care Trust shall, by —
a
analysing the data it holds in respect of the care and treatment provided under section 35 arrangements during the year 1st October 2004 to 30th September 2005 by the person or persons with whom the agreement is to be entered into;
b
categorising that care and treatment in accordance with Schedules 1 to 4 of the NHS Charges Regulations, and the principles set out in regulation 4(2) to (5) of those Regulations; and
c
reference to the conversion criteria to units of dental activity specified in Part 1 of Schedule 2 to the GDS Contracts Regulations,
calculate how many units of dental activity is the equivalent to the care and treatment provided by that person or persons during the year 1st October 2004 to 30th September 2005.
3
For the purposes of analysing the data in cases where a patient was accepted for care and treatment under a capitation arrangement, the Primary Care Trust shall make an assumption that two clinical examinations have taken place during the year 1st October 2004 to 30th September 2005.
4
The Primary Care Trust shall reduce the number of units of dental activity calculated in accordance with paragraphs (2) and (3) by 5 per cent in order to determine how many units of dental activity the contractor will provide in each financial year.
5
Where —
a
data does not exist for the period specified in paragraph (2)(a); or
b
data does exist, but it is appropriate to adjust the data,
the contractor and the Primary Care Trust shall agree the number of units of dental activity to be provided.
6
Where the contractor and the Primary Care Trust cannot agree the number of units of dental activity as provided for in paragraph (5), the personal dental services agreement shall state this to be the case, and shall specify a number of units of dental activity which is determined by the Primary Care Trust.
7
In determining the number of units of dental activity to be specified under paragraph (6), the Primary Care Trust shall have regard to any data it holds regarding the amount of care and treatment provided under section 35 arrangements or, as the case may be, the pilot scheme agreement, by the person or persons with whom the personal dental services agreement is to be entered into in the period since 1st October 2004.
8
Nothing in paragraphs (2) to (4) shall prevent the contracting parties agreeing that the contractor shall provide a number of units of dental activity that is higher or lower than the number calculated in accordance with those paragraphs.
Number of units of orthodontic activity
23
1
The number units of orthodontic activity to be provided by the contractor under a personal dental services agreement entered into under Chapter 1 shall be determined in accordance with —
a
paragraphs (3) to (5) in the case of entitlement to a personal dental services agreement under article 14;
b
paragraphs (2) to (5) and (7) in the case of entitlement to a personal dental services agreement under article 15; or
c
paragraph (6) in the case of entitlement to a personal dental services agreement under article 16 or 17.
2
The Primary Care Trust shall, by —
a
analysing the data it holds in respect of the orthodontic care and treatment provided under section 35 arrangements during the year 1st October 2004 to 30th September 2005 by the person or persons with whom the personal dental services agreement is to be entered into; and
b
reference to the conversion criteria to units of orthodontic activity specified in Part 2 of Schedule 2 to the GDS Contracts Regulations,
calculate how many units of orthodontic activity is the equivalent to the orthodontic care and treatment provided by that person or persons during the year 1st October 2004 to 30th September 2005.
3
Where —
a
data does not exist for the period specified in paragraph (2)(a); or
b
data does exist, but it is appropriate to adjust the data,
the contractor and the Primary Care Trust shall agree the number of units of orthodontic activity to be provided.
4
Where the contractor and Primary Care Trust cannot agree the number of units of orthodontic activity as provided for in paragraph (3), the personal dental services agreement shall state this to be the case, and shall specify a number of units of orthodontic activity which is determined by the Primary Care Trust.
5
In determining the number of units of orthodontic activity to be specified under paragraph (4), the Primary Care Trust shall have regard to any data it holds regarding the amount of orthodontic care and treatment provided under section 35 arrangements or, as the case may be, the pilot scheme agreement, by the person or persons with whom the personal dental services agreement is to be entered into in the period since 1st October 2004.
6
In the case to which paragraph (1)(c) applies, the number of units of orthodontic activity to be provided under the personal dental services agreement shall be one fifty-fifth of the negotiated annual agreement value of that agreement, as determined in accordance with directions under section 28E(3A) of the 1977 Act (personal dental services: regulations) (so the contractor and the Primary Care Trust must agree the number of units of orthodontic activity to be provided and the negotiated annual agreement value simultaneously).
7
Nothing in paragraph (2) shall prevent the contracting parties from agreeing that the contractor shall provide a number of units of orthodontic activity that is higher or lower than the number calculated in accordance with that paragraph.
Premises, facilities and equipment
24
1
Where a Primary Care Trust is not satisfied that the prospective contractor has practice premises to be used for the provision of services under the personal dental services agreement that are —
a
suitable premises for the delivery of those services; or
b
sufficient to meet the reasonable needs of the contractor’s patients,
paragraph 13 of Schedule 3 to the PDS Agreements Regulations shall apply as substituted by paragraph (2).
2
For that paragraph 13 substitute the following —
Premises, facilities and equipment
13
1
The Primary Care Trust and prospective contractor shall ensure that the agreement includes a plan that —
a
is drawn up and agreed by the Primary Care Trust and the prospective contractor; and
b
specifies —
i
the steps to be taken by the contractor to bring the practice premises up to the appropriate standard,
ii
any financial support that may be available from the Primary Care Trust, and
iii
the timescale on which the steps referred to in sub-paragraph (i) will be taken.
2
Subject to the plan referred to in sub-paragraph (1), the contractor shall ensure that the practice premises used for the provision of services under the agreement are —
a
suitable for the delivery of those services; and
b
sufficient to meet the reasonable needs of the contractor’s patients.
3
The obligation in sub-paragraph (2) includes providing proper and sufficient waiting-room accommodation for patients.
4
The contractor shall provide, in relation to all of the services to be provided under the agreement, such other facilities and equipment as are necessary to enable it to perform those services properly.
5
In this paragraph, “practice premises” includes a mobile surgery.
.
Treatment commenced prior to 1st April 2006
25
1
Where care and treatment is commenced under section 35 arrangements or, as the case may be, a pilot scheme agreement, before 1st April 2006 and is not completed on 31st March 2006 the contractor shall use its best endeavours to complete that treatment under its personal dental services agreement in accordance with paragraph 5(3) of Schedule 1 or, as the case may be, paragraph 7(2) of Schedule 3 to the PDS Agreements Regulations.
2
Subject to paragraph (3), where treatment specified in a treatment plan provided in accordance with —
a
paragraph 4 of Schedule 1 to the 1992 Regulations (as amended by article 27); or
b
the PDS Directions (as modified by article 28),
is not completed by 1st April 2006 that plan shall, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 8 of Schedule 3 to the PDS Agreements Regulations and with regard to that plan, the requirements in sub-paragraph (1) of that paragraph were satisfied.
3
Where treatment specified in a treatment plan in respect of orthodontic care and treatment provided in accordance with —
a
paragraph 4 of Schedule 1 to the 1992 Regulations (as amended by article 27); or
b
the PDS Directions as modified by article 28,
is not completed by 1st April 2006 that plan shall, after that date, be treated as though it were a treatment plan provided in accordance with paragraph 6 of Schedule 1 to the PDS Agreements Regulations and with regard to that plan, the requirements in sub-paragraph (1) of that paragraph were satisfied.
4
Where care and treatment is commenced prior to 1st April 2006 and continues or is completed on or after that date, all of that care and treatment provided shall be treated as though it were a course of treatment or, as the case may be, an orthodontic course of care and treatment provided in accordance with the PDS Agreements Regulations.
PART 4
MISCELLANEOUS TRANSITORY PROVISIONS
Prior approval of treatment
26
Notwithstanding the requirement for prior approval of treatment required as a consequence of the following provisions of the 1992 Regulations —
a
paragraph 26 of Schedule 1 (terms of service for dentists);
b
Schedule 4 (prior approval treatment); and
c
regulation 3(terms of service) (in so far as it relates to those Schedules),
paragraphs 26 (prior approval of care and treatment) and 27 (completion of estimate) of Schedule 1 to those Regulations shall not apply in respect of care and treatment to be provided on or after 28th February 2006 which, save for this article, would require or include prior approval treatment.
Amendment to the 1992 Regulations in respect of treatment plans
27
1
Schedule 1 to the 1992 Regulations (terms of service) shall apply as amended by this article in respect of care and treatment provided on or after 3rd January 2006.
2
In paragraph 4 of Schedule 1 to the 1992 Regulations —
a
for sub-paragraph (2)(c), there is substituted —
c
in the opinion of the dentist, additional care and treatment not included in the treatment plan is necessary to secure and maintain the oral health of the patient.
; and
b
sub-paragraph (3) is omitted.
3
In paragraph 5 of Schedule 1 to the 1992 Regulations for sub-paragraph (2)(c) there is substituted —
c
in the opinion of the dentist, additional care and treatment not included in the treatment plan is necessary to secure and maintain the oral heath of the patient.
.
Treatment plans in respect of pilot scheme agreements
28
1
For the purposes of regulation 13(1) of the NHS Charges Regulations, paragraphs (2) to (4) shall apply in respect of care and treatment provided under a pilot scheme agreement on or after 3rd January 2006 as though it were a direction made in the PDS Directions and incorporated as a term of a pilot scheme agreement.
2
At the first examination and assessment of a patient, a pilot dentist shall provide the patient with a plan for treatment on a form supplied for that purpose by the Primary Care Trust.
3
The form referred to in paragraph (2) shall specify —
a
the name of the patient;
b
the name of the pilot dentist and the telephone number at which the dentist may be contacted in normal working hours;
c
the name of the pilot scheme provider;
d
details of the care and treatment, if any, which in the opinion of the pilot dentist, at the date of the relevant examination, is necessary to secure and maintain the oral health of the patient;
e
particulars of the places where the patient will receive treatment;
f
the approximate period following which a further examination is recommended by the pilot dentist;
g
his estimate of the NHS Charge, if any, in respect of that care and treatment; and
h
any proposals the pilot dentist may have for private care and treatment as an alternative to the care and treatment proposed under the pilot scheme agreement, including particulars of the cost to the patient.
4
A pilot dentist shall, where at any time during the continuing care and treatment of the patient —
a
the treatment provided, in the opinion of the dentist, needs to be varied;
b
the patient requests a new plan for treatment;
c
the patient and the dentist have agreed that all or part of the treatment which is necessary to secure and maintain oral health is to be provided privately; or
d
in the opinion of the dentist, additional care and treatment not included in the treatment plan, is necessary to secure and maintain the oral heath of the patient,
provide the patient, in the case of sub-paragraph (a) with a revised plan, or with a new plan for treatment which complies with the requirements of paragraph (3).
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
13th December 2005


type: legislation

jurisdiction: UK

text:
PART 1
INTRODUCTION
Citation and commencement
1
These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 and shall come into force on 4th April 2005.
Interpretation
2
1
In these Rules, “the Principal Rules ” means the Asylum and Immigration Tribunal (Procedure) Rules 2005 .
2
Subject to paragraph (3), words and expressions used in these Rules which are defined in rule 2 of the Principal Rules have the same meaning in these Rules as in the Principal Rules.
3
In these Rules, and in any provision of the Principal Rules which applies by virtue of these Rules, “business day” means any day other than a Saturday or Sunday, a bank holiday, 24th to 31st December, Maundy Thursday, Good Friday or the Tuesday after the last Monday in May.
4
In a provision of the Principal Rules which applies by virtue of these Rules, a reference to an “appropriate prescribed form” means, in relation to a notice of appeal or an application notice for permission to appeal to the appropriate appellate court, the appropriate form in Schedule 1 to these Rules, or that form with any variations that the circumstances may require.
5
Where a provision of the Principal Rules applies by virtue of these Rules —
a
any reference in that provision to the Principal Rules is to be interpreted as including a reference to these Rules; and
b
any reference in that provision to a specific Part or rule in the Principal Rules is to be interpreted as including a reference to any equivalent Part or rule in these Rules.
Scope of these Rules
3
1
Part 2 of these Rules applies to appeals to the Tribunal in the circumstances specified in rule 5.
2
Part 3 applies to proceedings before the Tribunal of the types described in rule 24 of the Principal Rules in the circumstances specified in rule 15.
3
Part 4 applies to proceedings before the Tribunal to which Part 2 or 3 applies.
4
Part 5 applies to proceedings before the Tribunal to which Part 2 or 3 applies or has applied.
5
For the purpose of rules 5 and 15, a party does not cease to satisfy a condition that he must have been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to these Rules by reason only of —
a
being transported from one place of detention specified in that Schedule to another place which is so specified; or
b
leaving and returning to such a place of detention for any purpose between the hours of 6 a.m. and 10 p.m.
Application of the Principal Rules
4
1
Rule 4 of the Principal Rules (Overriding objective) applies to these Rules.
2
Where Part 2 or 3 of these Rules applies to proceedings before the Tribunal, the Principal Rules also apply to the extent specified in rules 6, 16, 20, 24 and 27 of these Rules.
PART 2
Appeals to the Tribunal
Scope of this Part
5
1
This Part applies to an appeal to the Tribunal where the person giving notice of appeal —
a
was in detention under the Immigration Acts at a place specified in Schedule 2 when he was served with notice of the immigration decision against which he is appealing; and
b
has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 since that notice was served on him.
2
This Part shall cease to apply if the Tribunal makes an order under rule 30(1).
Application of Part 2 of the Principal Rules
6
Where this Part applies to an appeal, the following provisions of Part 2 of the Principal Rules apply —
a
rule 6(1) to (3), omitting the reference to rule 6(4) in rule 6(2);
b
rule 8;
c
rule 10(1);
d
rule 13(1) and (4);
e
rule 14; and
f
rules 17 to 19.
Giving notice of appeal
7
Where a notice of appeal is served on a custodian under rule 6(3)(b) of the Principal Rules, the custodian must —
a
endorse on the notice the date that it is served on him; and
b
forward it to the Tribunal immediately.
Time limit
8
1
A person who wishes to appeal must give a notice of appeal not later than 2 days after the day on which he is served with notice of the immigration decision against which he is appealing.
2
Where a notice of appeal is given outside the time limit in paragraph (1), the Tribunal must not extend the time for appealing unless it is satisfied that, because of circumstances outside the control of the person giving notice of appeal or his representative, it was not practicable for the notice of appeal to be given within that time limit.
Service of notice of appeal on respondent
9
When the Tribunal receives a notice of appeal it shall immediately serve a copy upon the respondent.
Filing of documents by respondent
10
The respondent must file the documents listed in rule 13(1) of the Principal Rules not later than 2 days after the day on which the Tribunal serves the respondent with the notice of appeal.
Listing
11
1
The Tribunal shall fix a hearing date which is —
a
not later than 2 days after the day on which the respondent files the documents under rule 10; or
b
if the Tribunal is unable to arrange a hearing within that time, as soon as practicable thereafter.
2
The Tribunal must serve notice of the date, time and place of the hearing on every party as soon as practicable, and in any event not later than noon on the business day before the hearing.
Deciding timeliness issues
12
1
The Tribunal shall consider any issue as to —
a
whether a notice of appeal was given outside the applicable time limit; and
b
whether to extend the time for appealing where the notice of appeal was given outside that time limit,
as a preliminary issue at the hearing fixed under rule 11, subject to paragraph (2) of this rule.
2
Rule 13 applies to the consideration and decision of such an issue as it applies to the consideration and determination of an appeal.
3
Where the notice of appeal was given outside the applicable time limit and the Tribunal does not grant an extension of time, the Tribunal must take no further action in relation to the notice of appeal, except that it must serve written notice of its decision under this rule on the parties not later than 1 day after the day on which that decision is made.
Method of determining appeal
13
The Tribunal must consider the appeal at the hearing fixed under rule 11 except where —
a
the appeal —
i
lapses pursuant to section 99 of the 2002 Act;
ii
is treated as abandoned pursuant to section 104(4) of the 2002 Act;
iii
is treated as finally determined pursuant to section 104(5) of the 2002 Act; or
iv
is withdrawn by the appellant or treated as withdrawn in accordance with rule 17 of the Principal Rules;
b
the Tribunal adjourns the hearing under rule 28 or 30(2)(a) of these Rules; or
c
all of the parties to the appeal consent to the Tribunal determining the appeal without a hearing.
Giving of determination
14
1
Where the Tribunal determines an appeal, it must give a written determination containing its decision and the reasons for it.
2
The Tribunal must serve its determination on every party to the appeal —
a
if the appeal is considered at a hearing, not later than 2 days after the day on which the hearing of the appeal finishes; or
b
if the appeal is determined without a hearing, not later than 2 days after the day on which it is determined.
PART 3
Reconsideration of Appeals, etc.
Scope of this Part
15
1
This Part applies to proceedings before the Tribunal of a type specified in rule 24 of the Principal Rules, where —
a
Part 2 of these Rules applied at all times to the appeal to the Tribunal;
b
Part 3 of these Rules applied at all times to any other proceedings before the Tribunal of a type specified in rule 24 of the Principal Rules which related to that appeal; and
c
the appellant has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to these Rules since being served with notice of the immigration decision against which he is appealing.
2
This Part shall cease to apply if the Tribunal makes an order under rule 30(1).
SECTION 1
Section 103A applications considered by members of the Tribunal
Application of Section 1 of Part 3 of the Principal Rules
16
Where this Part applies to a section 103A application, the following provisions of Section 1 of Part 3 of the Principal Rules apply —
a
rule 25;
b
rule 26, omitting paragraphs (2) and (4) of that rule;
c
rule 27(1) and (2); and
d
rule 28.
Service of application and response
17
Where a section 103A application to which this Part applies is filed with the Tribunal —
a
the Tribunal must serve copies of the application notice and any documents which were attached to it on the party to the appeal other than the party who made the section 103A application as soon as practicable; and
b
the party to the appeal other than the party who made the section 103A application may file submissions in response to the application not later than 1 day after the day on which it is served with the application.
Method of deciding applications for review
18
The immigration judge shall decide the application without a hearing, and by reference only to —
a
the applicant’s written submissions and the documents filed with the application notice; and
b
any submissions filed in response to the application under rule 17(b).
Service of decision
19
The Tribunal must serve a copy of the notice of decision and any directions given under rule 27(2)(b) of the Principal Rules on every party to the appeal —
a
if submissions were filed in response to the application under rule 17(b), not later than 1 day after they were filed; or
b
if no submissions were filed within the period specified in rule 17(b), not later than 1 day after the end of that period.
SECTION 2
Reconsideration of appeals
Application of the Principal Rules
20
1
Where this Part applies to the reconsideration of an appeal, the following provisions of Section 2 of Part 3 of the Principal Rules apply —
a
rule 31(2) to (5); and
b
rule 32(1).
2
Rules 17 to 19 and Part 5 of the Principal Rules apply, with any necessary modifications, to the reconsideration of an appeal under this Part to the extent that they would apply to the initial determination of an appeal under Part 2 of these Rules.
Procedure for reconsideration of appeal
21
1
Where an order for reconsideration has been made, the Tribunal must fix a hearing date for the reconsideration of its decision on the appeal which is —
a
not later than 2 days after the day on which that order has been served on both parties to the appeal; or
b
if the Tribunal is unable to arrange a hearing within that time, as soon as practicable thereafter.
2
The Tribunal must serve notice of the date, time and place of the reconsideration hearing on every party not later than noon on the business day before the hearing.
Fresh evidence on reconsideration of appeal
22
1
If a party wishes to ask the Tribunal to consider evidence which was not submitted on any previous occasion when it considered the appeal, he must notify the Tribunal and the other party of —
a
the nature of the evidence; and
b
the reasons why it was not submitted on any previous occasion.
2
Wherever practicable, notification under paragraph (1) must be given before the date fixed for the reconsideration hearing under rule 21.
Determination on reconsideration
23
1
The Tribunal must reconsider its decision on the appeal at the hearing fixed under rule 21 except where —
a
any of the circumstances set out in rule 13 applies;
b
a party has failed to comply with a provision of these Rules or a direction of the Tribunal, and the Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to reconsider its decision on the appeal without a hearing; or
c
the Tribunal is satisfied, having regard to the material before it and the nature of the issues raised, that its decision on the appeal can be justly reconsidered without a hearing.
2
Rule 14 applies to the reconsideration of an appeal as it applies to the initial determination of an appeal.
SECTION 3
Applications for permission to appeal to the appropriate appellate court
Application of Section 3 of Part 3 of the Principal Rules
24
Where this Part applies to an application for permission to appeal to the appropriate appellate court, the following provisions of Section 3 of Part 3 of the Principal Rules apply —
a
rule 34(1) to (3); and
b
rule 36.
Time limits for filing and serving application
25
1
An application notice for permission to appeal must be filed not later than 2 days after the day on which the appellant is served with the Tribunal’s determination.
2
The Tribunal may not extend the time limit in paragraph (1).
3
Immediately upon an application notice for permission to appeal being filed, the Tribunal must notify the other party to the appeal to the Tribunal that it has been filed.
Time limit for determining the application
26
The Tribunal must determine the application for permission to appeal, and serve its determination on every party, not later than 1 day after the day on which the Tribunal receives the application notice.
PART 4
General Provisions
Application of Part 5 of the Principal Rules
27
Where this Part applies, Part 5 of the Principal Rules applies, except that —
a
rule 47 applies subject to rule 28 of these Rules; and
b
rule 60(2) does not apply.
Adjournment
28
The Tribunal may only adjourn a hearing where —
a
it is necessary to do so because there is insufficient time to hear the appeal or application which is before the Tribunal;
b
a party has not been served with notice of the hearing in accordance with these Rules;
c
the Tribunal is satisfied by evidence filed or given by or on behalf of a party that —
i
the appeal or application cannot be justly determined on the date on which it is listed for hearing; and
ii
there is an identifiable future date, not more than 10 days after the date on which the appeal or application is listed for hearing, by which it can be justly determined; or
d
the Tribunal makes an order under rule 30.
Correction of orders and determinations
29
Where an order, notice of decision or determination is amended under rule 60(1) of the Principal Rules, the Tribunal must, not later than 1 day after making the amendment, serve an amended version on every party on whom it served the original.
PART 5
Removal of Pending Proceedings from Fast Track
Transfer out of fast track procedure
30
1
Where Part 2 or 3 of these Rules applies to an appeal or application, the Tribunal must order that that Part shall cease to apply —
a
if all the parties consent;
b
if it is satisfied by evidence filed or given by or on behalf of a party that there are exceptional circumstances which mean that the appeal or application cannot otherwise be justly determined; or
c
if —
i
the respondent to the appeal has failed to comply with a provision of these Rules, or the Principal Rules as applied by these Rules, or a direction of the Tribunal; and
ii
the Tribunal is satisfied that the appellant would be prejudiced by that failure if the appeal or application were determined in accordance with these Rules.
2
When making an order under paragraph (1), the Tribunal may —
a
adjourn any hearing of the appeal or application; and
b
give directions relating to the further conduct of the appeal or application.
3
Where the Tribunal adjourns a hearing under paragraph (2)(a) —
a
it must fix a new date, time and place for the hearing; and
b
in the case of an adjournment of an appeal, rule 21(4) of the Principal Rules shall apply.
Application of the Principal Rules on transfer out of fast track
31
1
This rule applies where Part 2 or 3 of these Rules ceases to apply to an appeal or application because —
a
the conditions in rule 5 or 15 cease to apply; or
b
the Tribunal makes an order under rule 30(1).
2
Subject to paragraph (3), the Principal Rules shall apply to the appeal or application from the date on which these Rules cease to apply.
3
Where —
a
a period of time for doing something has started to run under a provision of these Rules; and
b
that provision ceases to apply,
if the Principal Rules contain a time limit for doing the same thing, the time limit in the Principal Rules shall apply, and the relevant period of time shall be treated as running from the date on which the period of time under these Rules started to run.
PART 6
Revocation and Transitional Provisions
Revocation
32
The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003 are revoked.
Transitional provisions
33
1
Subject to the following paragraphs of this rule, these Rules apply to any pending appeal or application to an adjudicator or the Immigration Appeal Tribunal which was subject to the 2003 Fast Track Rules immediately before 4th April 2005, and which continues on or after that date as if it had been made to the Tribunal by virtue of a transitional provisions order.
2
Where a notice of a relevant decision has been served before 4th April 2005 and the recipient gives notice of appeal against the decision on or after 4th April 2005 —
a
rules 7 to 10 of these Rules, and rules 6(1) to (3), 8 and 13(1) and (4) of the Principal Rules, shall not apply; and
b
rule 6 of the 2003 Fast Track Rules and rules 6 and 8 of the 2003 Principal Rules shall continue to apply as if those rules had not been revoked, with the modification that references to an adjudicator or the appellate authority shall be treated as referring to the Tribunal.
3
Where a notice of appeal to an adjudicator has been given before 4th April 2005, but the respondent has not filed the notice of appeal with the appellate authority in accordance with rule 6(3)(a) of the 2003 Fast Track Rules —
a
rules 9 and 10 of these Rules, and rule 13(1) and (4) of the Principal Rules, shall not apply; and
b
rule 6(3) of the 2003 Fast Track Rules shall continue to apply as if it had not been revoked, with the modification that the reference to the appellate authority shall be treated as referring to the Tribunal.
4
Where, pursuant to a transitional provisions order, the Tribunal reconsiders an appeal which was originally determined by an adjudicator, Section 2 of Part 3 shall apply to the reconsideration, subject to paragraph (5).
5
Where —
a
a party has been granted permission to appeal to the Immigration Appeal Tribunal against an adjudicator’s determination before 4th April 2005, but the appeal has not been determined by that date; and
b
by virtue of a transitional provisions order the grant of permission to appeal is treated as an order for the Tribunal to reconsider the adjudicator’s determination,
the reconsideration shall be limited to the grounds upon which the Immigration Appeal Tribunal granted permission to appeal.
6
In relation to proceedings which were pending immediately before 4th April 2005 —
a
unless the Tribunal directs otherwise —
i
anything done or any directions given before 4th April 2005 under the 2003 Fast Track Rules shall continue to have effect on and after that date;
ii
anything done or any directions given by the appellate authority shall be treated as if done or given by the Tribunal; and
iii
any document served on the appellate authority shall be treated as if served on the Tribunal;
b
unless the context requires otherwise, any reference in a document to an adjudicator, the Immigration Appeal Tribunal or the appellate authority shall, insofar as it relates to an event on or after 4th April 2005, be treated as a reference to the Tribunal.
7
In this rule —
a
“the 2003 Fast Track Rules” means the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003;
b
“the 2003 Principal Rules” means the Immigration and Asylum Appeals (Procedure) Rules 2003 ;
c
“adjudicator” and “appellate authority” have the same meaning as in the 2003 Fast Track Rules and 2003 Principal Rules; and
d
“a transitional provisions order” means an order under section 48(3)(a) of the 2004 Act containing transitional provisions.
Falconer of Thoroton, C.
7th March 2005


text:
Citation
1
This Order may be cited as the St. Herbert’s CE VA Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St. Herbert’s CE VA Primary School, Trinity Way, Keswick, Cumbria, CA12 4HZ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
18th May 2005


text:
PART 1
GENERAL
Citation, commencement and extent
1
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 and shall come into force on 23rd March 2005.
2
This Order extends to England and Wales and Northern Ireland.
Interpretation
2
1
In this Order —
“ the Act ” means the Crime (International Co-operation) Act 2003;
“assigned matter” means any matter in relation to which the Commissioners are for the time being required in pursuance of any enactment to perform any duties;
“the Commissioners” means the Commissioners of Customs and Excise;
“customs officer” includes a person acting under the direction of such an officer;
“relevant offence” means conduct constituting an offence under the law of a country outside the United Kingdom which, if it occurred in England and Wales or Northern Ireland, would be an offence contrary to an enactment relating to an assigned matter;
“request for assistance” means a request for assistance in obtaining evidence in England and Wales or Northern Ireland.
2
Any reference to a section or subsection in articles 3 to 12 is a reference to a section or subsection of the Act.
PART 2
FUNCTIONS OF THE COMMISSIONERS
Functions exercisable by the Commissioners
3
Any of the functions conferred on the Secretary of State (including functions conferred on him as the territorial authority in relation to evidence in England and Wales or Northern Ireland) under —
a
section 13 (request for assistance from overseas authorities);
b
section 14 (powers to arrange for evidence to be obtained);
c
section 15 (nominating a court etc. to receive evidence);
d
section 19 (forwarding seized evidence);
e
paragraph 6 of Schedule 1 to the Act (forwarding evidence),
may be exercised by the Commissioners instead of the Secretary of State where the circumstances mentioned in articles 4 to 8 below occur; and for the purposes of this Order a reference to the Secretary of State in those sections or that paragraph shall be taken to include the Commissioners.
Requests for assistance from overseas authorities
4
1
The Commissioners may exercise the function under section 13 of arranging for evidence in England and Wales or Northern Ireland to be obtained under section 15 where —
a
a request for assistance has been made in connection with criminal proceedings or a criminal investigation mentioned in section 14(1)(a), and
b
those proceedings or that investigation relate wholly or mainly to a relevant offence.
2
For the purpose of making a decision about a request for assistance the Commissioners must exercise the functions in section 14.
Directing that a search warrant be applied for
5
The Commissioners may exercise the function under section 13 of directing that a search warrant be applied for under or by virtue of section 16 or 17 where a request for assistance has been made wholly or mainly in connection with a relevant offence.
Nominating a court etc to receive evidence
6
The Commissioners may exercise the function under section 15 of nominating a court to receive any evidence to which a request for assistance relates, where the request for assistance has been made wholly or mainly in connection with a relevant offence.
Forwarding seized evidence
7
The Commissioners may exercise the function under section 19 of forwarding evidence to the court or authority which made a request for assistance where that evidence has been sent to them by a customs officer under section 17 for such forwarding.
Forwarding evidence
8
The Commissioners may exercise the function under paragraph 6 of Schedule 1 to the Act of forwarding evidence to the court or authority which made a request for assistance where the evidence has been received by the court nominated by the Commissioners under section 15.
PART 3
FUNCTIONS OF A CUSTOMS OFFICER
Extension of statutory search powers
9
Any function conferred on a constable by virtue of section 16 in relation to a warrant or order under section 8 of, or Schedule 1 to the Police and Criminal Evidence Act 1984 may be exercised by a customs officer instead of a constable where —
a
the Commissioners have given a direction under section 13, or
b
any such function is to be exercised by a customs officer for the purposes of an investigation relating wholly or mainly to a relevant offence by an international joint investigation team of which he is a member.
Applying for and executing a search warrant
10
Any function conferred on a constable under section 17 (applying for and executing a search warrant) may be exercised by a customs officer instead of a constable where the Commissioners have given a direction under section 13 that an application be made for a search warrant.
Sending seized evidence
11
Any function conferred under section 19 (sending seized evidence) on a constable in England and Wales or Northern Ireland must be exercised by a customs officer instead of a constable where the evidence has been seized by a customs officer under —
a
a search warrant or production order issued by virtue of section 16, or
b
a search warrant issued under section 17.
References
12
For the purposes of this Order any reference to a constable in sections 16, 17 or 19 shall be taken to include a customs officer.
Revocation
13
The Criminal Justice (International Co-operation) Act 1990 (Exercise of Powers) Order 1991 is hereby revoked.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners HM Treasury
1st March 2005


text:
Commencement, citation and extent
1
1
This Order may be cited as the Transport Act 2000 (Commencement of Quality Contracts Schemes) (England) Order 2005 and shall come into force on 1st March 2005.
Amendment of the Transport Act 2000
2
Section 127(2)(b) of the Transport Act 2000 is varied so that, as respects quality contracts schemes relating to areas wholly in England, the reference to 21 months is a reference to 6 months.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
19th January 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and East Riding Community Health National Health Service Trust (Change of Name) (Establishment) Amendment Order 2005 and shall come into force on 30th July 2005.
2
In this Order —
a
“the Establishment Order ” means the Hull and East Riding Community Health National Health Service Trust (Establishment) Order 1999 ;
b
“ the trust ” means the National Health Service trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Humber Mental Health Teaching National Health Service Trust instead of the Hull and East Riding Community Health National Health Service Trust, and accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Hull and East Riding Community Health” there shall be substituted “Humber Mental Health Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Amendment of the directors of the trust
4
Article 4 of the Establishment Order (directors of the trust) shall be replaced by the following —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the Hull York Medical School.
.
Signed by authority of the Secretary of State
Warner
Minister of State,
Department of Health
20th July 2005


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 2006 and shall come into force on 6th April 2006.
2
“The principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 .
Insertion of article 4A in the principal Scheme
2
After article 4 of the principal Scheme, insert —
Cases in which disablement shall be regarded as being total
4A
On any claim for benefit in respect of any disease set out in paragraph 5, 8 or 8A of Schedule 1 the disablement shall be regarded as being total.
.
Amendment of Schedule 1 to the principal Scheme
3
In Schedule 1 to the principal Scheme (diseases and occupations to which in addition to pneumoconiosis and byssinosis, this scheme applies), for paragraph 8 substitute —
8
Primary carcinoma of the lung where there is accompanying evidence of asbestosis.
a
The working or handling of asbestos or any admixture of asbestos; or
b
the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or
c
the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or
d
substantial exposure to the dust arising from any of the foregoing operations.
8A
Primary carcinoma of the lung.
Exposure to asbestos for a period of, or periods which amount in aggregate to, five years or more in the course of —
the manufacture of asbestos textiles; or
the manufacture of gas masks; or
spraying asbestos; or
asbestos insulation work; or
applying or removing materials containing asbestos in the course of shipbuilding.
8B
Unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle.
a
The working or handling of asbestos or any admixture of asbestos; or
b
the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or
c
the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures and appliances for the collection of asbestos dust; or
d
substantial exposure to the dust arising from any of the foregoing operations.
.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
5th March 2006
We consent,
Tom Watson
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Targets) (England) (Amendment) Regulations 2006 and shall come into force on 28th December 2006.
2
These Regulations apply only in relation to schools in England.
Amendment of Regulations
2
The Education (School Performance Targets) (England) Regulations 2004 are amended as follows.
3
In regulation 2 (Interpretation) —
a
after the definition of “ GCE AS level” insert─
“ GCSE ” means General Certificate of Secondary Education;
;
b
after the definition of “level 2” insert —
“level 2 threshold” means the achievement by a pupil of 5 GCSE qualifications at grades A* to C or the achievement by a pupil of a score of at least 100% when aggregating the contribution percentage assigned by the Qualifications and Curriculum Authority to each approved qualification taken by the pupil at level 2;
.
4
In regulation 5 (targets for pupils aged 15) —
a
after paragraph (3)(a) insert —
aa
the percentage of the relevant group of pupils aged 15 to achieve, by the end of the following school year, the level 2 threshold in approved qualifications including grades A* to C in English and Mathematics GCSE qualifications;
;
b
after paragraph (6) insert —
7
For the purposes of this Regulation─
a
“English” means any GCSE qualification approved by the Secretary of State under section 98 of the 2000 Act for the purposes of section 96 of that Act with the subject title English, but does not include —
i
a qualification only in English Literature;
ii
a qualification resulting from any GCSE short course;
iii
a qualification resulting from any combination of short courses, unless separately approved as a single or double GCSE in English.
b
“Mathematics” means any GCSE qualification approved by the Secretary of State under section 98 of the 2002 Act for the purposes of section 96 of that Act with the subject title Mathematics, but does not include —
i
a qualification only in Statistics;
ii
a qualification resulting from any GCSE short course;
iii
a qualification resulting from any combination of short courses, unless separately accredited as a single or double GCSE in Mathematics.
.
Jim Knight
Minister of State
Department for Education & Skills
30th November 2006