Schedule 1
Definitions
The following words and phrases have the following meanings:
"1977 Act" means the National Health Service Act 1977;
"1990 Act" means the National Health Service and Community Care Act 1990;
"2006 Regulations" means the:
(a)
General Dental Council (Professions Complementary to Dentistry) Regulations Order of
Council 2006; and
(b)
General Dental Council (Professions Complementary to Dentistry) (Dental Hygienists
and Dental Therapists) Regulations Order of Council 2006;
"Access Payment" has the meaning as set out in Paragraph 4 of Part 1 of Schedule 3
(Payment Mechanism);
"Act" means the National Health Service Act 2006;
"Additional Services" means one or more of:
(a)
Advanced Mandatory Services;
(b)
Dental Public Health Services;
(c)
Domiciliary Services;
(d)
Orthodontic Services; and
(e)
Sedation Services;
"Adjudicator" means the Secretary of State or a person or persons appointed by the Secretary
of State under section 4(5) of the 1990 Act (NHS contracts) or Paragraph 55(4) of Schedule 3 of
the Regulations;
"Advanced Mandatory Services" means any primary dental service that would fall within the
services described in regulation 14 of the GDS Regulations, but by virtue of the high level of
facilities, experience or expertise required in respect of a particular Patient, is provided as a
referral service;
"Affected Party" means, in the context of Clause 71, the party whose obligations under this
Agreement have been affected by the Force Majeure Event;
"Agreement" means this agreement together with all its schedules and annexes;
"Agreement Managers" means the individuals designated as such in Schedule 11
(Administration) of this Agreement;
"Agreement Month" means a calendar month provided that the first Agreement Month shall be
deemed to be the period commencing on the [Service Commencement Date][Commencement
Date]1 and ending on the last day of the calendar month in which the [Service Commencement
1
PCT to amend as appropriate, depending on whether services are to commence on the date the
Agreement is signed (in which case "Commencement Date" should be selected) or at a later date (in which
case "Service Commencement Date" should be selected. See also notes under the definition of "Service
Commencement Date" in this Schedule 1.
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Date][Commencement Date] falls and the last Agreement Month during the term of this
Agreement shall be deemed to be the period commencing on the first day of the calendar month
in which this Agreement terminates and ending on the date on which this Agreement terminates;
"Agreement Quarter" means one of the quarter periods of three months ending on 31st March,
30th June, 30th September and 31st December in each Agreement Year during the term of this
Agreement, apart from the first Agreement Quarter which shall be the period from the [Service
Commencement Date][Commencement Date]2 until the first to occur of the above dates and the
final Agreement Quarter which shall be the period from the end of the previous Agreement
Quarter until the date on which this Agreement expires or is terminated;
"Agreement Sanction" means:
(a)
termination of specified reciprocal obligations under this Agreement;
(b)
suspension of specified reciprocal obligations under this Agreement for a period of up to
six (6) months; or
(c)
withholding or deducting monies otherwise payable under this Agreement;
"Agreement Year" means each period of twelve (12) months commencing on 1 April whilst this
Agreement remains in effect, provided that:
(a) the first Agreement Year shall be the period starting on the [Service Commencement
Date][Commencement Date]2 and ending on the following 31 March; and
(b) the last Agreement Year shall be such period as elapses between 1 April preceding the
expiry or termination of this Agreement and the earlier of the Expiry Date or the date of
termination of this Agreement;
"Alert Letter" means a letter from a recognised issuing body in accordance with Department of
Health guidance alerting the National Health Service or any of its bodies of a dental practitioner
or other registered Health Care Professional whose performance or conduct could place staff or
Patients at risk;
"Annual Payment Adjustment" has the meaning as set out in Paragraph 8.4 of Part 1 of
Schedule 3 (Payment Mechanism);
"Annual Reconciliation Report" has the meaning as set out in the Statement of Financial
Entitlements;
"Band 1 Course of Treatment" means a Course of Treatment, including a Course of Treatment
consisting of Urgent Treatment, provided to a Patient in respect of which a Band 1 NHS Charge
is payable pursuant to the NHS Charges Regulations, or would be payable if the Patient was not
an Exempt Person;
"Band 2 Course of Treatment" means a Course of Treatment provided to a Patient in respect
of which a Band 2 NHS Charge is payable pursuant to the NHS Charges Regulations, or would
be payable if the Patient was not an Exempt Person;
"Band 3 Course of Treatment" means a Course of Treatment provided to a Patient in respect
of which a Band 3 NHS Charge is payable pursuant to the NHS Charges Regulations, or would
be payable if the Patient was not an Exempt Person;
"Banded Course of Treatment" means a Band 1, Band 2 or Band 3 Course of Treatment;
"Bank Holiday" means any day that is specified or proclaimed as a bank holiday in England
and Wales pursuant to section 1 of the Banking and Financial Dealings Act 1971;
2
This should be amended in line with the definition of "Agreement Month".
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"Basic Disclosure" shall have the meaning set out in the Code of Practice on Disclosure;
"BBV Guidelines" means all and any circulars, instructions, directions, guidance, regulations,
codes and/or requirements of the NHS from time to time in respect of Blood Borne Viruses and
Exposure Prone Procedures (including without limitation the Hepatitis Codes);
"Bid Price" has the meaning as set out in Paragraph 2 of Schedule 3 (Payment Mechanism);
"Blood Borne Viruses" means hepatitis B, hepatitis C and Human Immunodeficiency Virus
(HIV) and any other conditions or diseases which are recognised within NHS requirements to
represent a material risk of being communicated between a member of Contractor Staff and a
Patient during an Exposure Prone Procedure;
"Board Directors" means the individuals designated as such in Schedule 11 (Administration) of
this Agreement;
["Bookable Appointment" means an appointment with an appropriate dental practitioner where
a Patient can access the Services at a specified time with prior notice;]3
"Breach Notice" shall have the meaning given to it in Clause 57.5 of this Agreement;
"Bridge" means a fixed or removable bridge which takes the place of any teeth;
"Broker’s Letter" means the letter to be validly executed by the Contractor’s insurance broker
and/or the Contractor's recognised dental defence organisation and the Contractor containing at
least the information set out in Annex A to Schedule 9 (Insurance Requirements);
"BSA" means the NHS Business Services Authority;
"Budgeted Access Payment" has the meaning as set out in Paragraph 7.3 of Schedule 3
(Payment Mechanism);
"Budgeted Headcount" has the meaning as set out in Paragraph 4.1 of Schedule 3 (Payment
Mechanism);
"Budgeted Monthly Access Payment" has the meaning as set out in Paragraph 7.2 of
Schedule 3 (Payment Mechanism);
"Budgeted Monthly Performance Payment" has the meaning as set out in Paragraph 7.4 of
Schedule 3 (Payment Mechanism);
"Budgeted Performance Payment" has the meaning as set out in Paragraphs 7.6 and 7.7 of
Part 1 of Schedule 3 (Payment Mechanism);
"Business Day" means any day except Saturday, Sunday, Good Friday, Christmas Day or any
Bank Holiday;
"Caldicott Guardian" means the senior health professional nominated by the Contractor to be
responsible for safeguarding the confidentiality of patient information;
"Care Plan" has the meaning set out in Paragraph 6.4(a) of Part 2 of Schedule 2 (Service
Requirements);
"Care Quality Commission" means the independent inspection body for both the NHS and
independent healthcare responsible for checking that healthcare services meet the required
standard;
3
To be amended to 'Appointment' where the Contractor is not required to offer Non Bookable
Appointments
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"Case Assessment" in respect of an Orthodontic Course of Treatment, means a clinical
examination of the Patient, including the taking of such radiographs, colour photographs and
models as are required in order to determine what Orthodontic Treatment (if any) is to be
provided to the Patient;
"Change of Control" means a change in the person (acting alone or with its Connected
Persons) exercising a Controlling Interest over the Contractor;
"Change in Law" means the coming into effect or repeal (without re-enactment or
consolidation) in England and Wales of any law, or any judgement of a relevant court of law
which changes binding precedent in England and Wales in each case after the date of this
Agreement;
"Charge Exempt Course of Treatment" means a Course of Treatment that involves the
examination and assessment of a Patient leading to:
(a)
the issue of a prescription;
(b)
the repair of a Dental Appliance;
(c)
the arrest of bleeding; or
(d)
the removal of sutures,
which, by virtue of Regulation 3(2)(d) or (e) of the NHS Charges Regulations, is provided free of
charge to the Patient;
"Charges" means the Payments made by the PCT to the Contractor calculated in accordance
with Schedule 3 (Payment Mechanism);
"Charity Trustee" means one of the persons having the general control and management of
the administration of a charity;
"Chemist" means:
(a)
a registered pharmacist;
(b)
a person lawfully conducting a retail pharmacy business in accordance with section 69
of the Medicines Act 1968; or
(c)
a supplier of Dental Appliances,
who is included in the list of a Primary Care Trust or a Local Health Board under section 129 of
the Act, or who provides Local Pharmaceutical Services in accordance with LPS arrangements;
"Child" or "Children" means a person or people who has not attained the age of 16 years;
"Clinical Staff" means a member of Contractor Staff with a dental or clinical qualification that is
registered with a statutory professional body;
"Code" means the Code of Practice on workforce matters in public sector service contracts
published by the Cabinet Office in March 2005;
"Code of Practice on Disclosure" shall have the meaning as set out in Paragraph 1.1(d) of
Part 1 of Schedule 4 (Staffing and Registration);
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"Commencement Date" means [insert date][the date shown at the head of this Agreement] 4;
"Commercially Sensitive Information" shall have the meaning ascribed to it in the Freedom of
Information Act 2000;
"Complete" in relation to:
(a)
(b)
a Course of Treatment, means that:
(i)
where no Treatment Plan has to be provided in respect of a Course of
Treatment pursuant to Paragraph 7.5 of Part 4 of Schedule 2 (Service
Requirements), all the treatment recommended to, and agreed with, the Patient
by the Contactor at the initial examination and assessment of that Patient has
been provided to the Patient; or
(ii)
where a Treatment Plan has to be provided to the Patient pursuant to
Paragraph 7.1 of Part 4 of Schedule 2 (Service Requirements), all the treatment
specified on that plan by the Contractor (or that plan as revised in accordance
with Paragraph 7.3 of Part 4 of Schedule 2 (Service Requirements) has been
provided to the Patient; and
an Orthodontic Course of Treatment, means that:
(i)
where the Contractor determines in accordance with Paragraph 12 of Part 4 of
Schedule 2 (Service Requirements) that no Orthodontic Treatment should be
provided following the Case Assessment, the completion of the Case
Assessment; or
(ii)
where the Contractor has determined that Orthodontic Treatment should be
provided following the Case Assessment, all of the Orthodontic Treatment
specified on the Orthodontic Treatment Plan by the Contractor pursuant to
Paragraph 14 of Part 4 of Schedule 2 (Service Requirements) (or that plan as
revised in accordance with Paragraph 14.3 of Part 4 of Schedule 2 (Service
Requirements)) has been provided to the Patient,
and "Completed" shall be construed accordingly;
"Confidential Information" means the terms and conditions of this Agreement, together with all
information in any form or medium which is not publicly available (either in its entirety or in the
precise configuration or assembly of its components), together with any copies of that
information in any form or medium or any part or parts of that information including accounts,
business plans, strategies and financial forecasts, tax records, correspondence, designs,
drawings, manuals, specifications, customer, sales or supplier information, technical or
commercial expertise, software, formulae, processes, methods, knowledge, know-how and trade
secrets) (to the extent that it relates to the performance of the Parties' obligations under this
Agreement);
"Connected Persons" has the meaning set out in section 839 of the Income and Corporation
Taxes Act 1988 and a person shall be deemed to be connected to another if he is so within the
meaning of that section;
"Contractor Data Review" means the process by which the Contractor audits the Contractor
Performance Data collected as part of the Contractor Performance Report;
4
PCT to insert the date on which the Agreement will come into force or, if services will commence at a later
date than the date on which the Agreement is signed, the second option would be selected and the first set
of square brackets deleted. The definition of "Service Commencement Date" in this Schedule 1 should
then be completed.
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"Contractor Equipment" means the Contractor equipment listed in Schedule 6 (Premises and
Equipment);
"Contractor KPI Failure" means any failure by the Contractor or its subcontractors to meet any
of the KPIs as determined pursuant to Schedule 7 (Agreement and Performance Management);
"Contractor Party" means any of the Contractor, a Contractor subcontractor, an agent of the
Contractor (including the Contractor’s representative) including its or their directors and any of
their officers or employees engaged in relation to the Services and "Contractor Parties" shall
be construed accordingly;
"Contractor Performance Data" means the data collected by the Contractor in accordance
with Schedule 7 (Agreement and Performance Management);
"Contractor Performance Report" means the report including a review of the provision of the
Services by the Contractor and detailing any Contractor KPI Failures or other failures to meet
the KPIs which occurred in the previous Agreement Month and such other information required
in Schedule 7 (Agreement and Performance Management);
"Contractor Related Party" or "Contractor Related Parties" means any Health Care Provider
who at the date of this Agreement or during the term of this Agreement is:
(a)
the Contractor,
(b)
a shareholder, clinician or manager of the Contractor,
(c)
a partnership or limited partnership in which one or more of the Contractor, its
shareholders, managers or clinicians holds a financial interest greater than 5%;
(d)
any body otherwise connected with the Contractor for the purposes of section 839 of
Income and Corporation Taxes Act 1988; and/or
(e)
any body with which the Contractor has a relationship whereby the Contractor receives
any subsidy or incentive (financial or otherwise) for making a Referral to that body;
"Contractor Related Party Information" means the following information in relation to
Referrals to Contractor Related Parties:
(a)
the name and address of any Contractor Related Parties and the nature of the
relationship between the Contractor and the Contractor Related Party;
(b)
confirmation that the Contractor and Referrers have not received any subsidy or
incentive (financial or otherwise) from a Contractor Related Party;
(c)
an explanation of any unusual referral pattern in relation to Referrals to a Contractor
Related Party;
(d)
confirmation that the Contractor and Referrers have informed all affected Patients about
any financial or commercial interest in (including by virtue of employment) an
organisation to which they plan to refer a Patient for treatment or investigation; and
(e)
such other information as the PCT may reasonably request from time to time;
"Contractor Staff" means the employees, directors, officers, agents, subcontractors and
persons engaged by the Contractor who are to be engaged in the performance of the
Contractor’s obligations under this Agreement including Transferring Employees, self employed
dentists, locums or contractors;
"Contractor’s Systems" means the Contractor’s Hardware and software;
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"Controlling Interest" means the power of a person (acting alone or with its Connected
Persons) to secure that the affairs of the Contractor are concluded in accordance with the
wishes of that person (or its Connected Persons) by virtue of either:
(a)
the holding of shares (or the right to exercise the votes attaching to shares) which confer
in aggregate 50% or more of the total voting rights conferred by all the shares for the
relevant time being in issue; or
(b)
the representative on the board of the Contractor; or
(c)
any powers conferred by the constitutional or any other documents regulating the
Contractor;
"Convictions" means, other than in relation to minor road traffic offences, any previous or
pending prosecutions, convictions, cautions and binding-over orders (including any spent
convictions as contemplated by Section 1(1) of The Rehabilitation of Offenders Act 1974 by
virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act
1974 (Exemptions) Order 1975 (S11975/1023) or any replacement to that Order);
"COSHH" means the control of substances hazardous to health;
"Course of Treatment" means:
(a)
an examination of a Patient, an assessment of his oral health, and the planning of any
treatment to be provided to that Patient as a result of that examination and assessment;
and
(b)
the provision of any planned treatment (including any treatment planned at a time other
than the time of the initial examination) to that Patient,
provided by, except where expressly provided otherwise, one or more providers of primary
dental services, but it does not include the provision of any Orthodontic Services or Dental
Public Health Services;
"CRC Position" means any position in relation to which Basic Disclosure is permitted in
accordance with section 113 of the Police Act 1997 but to which Enhanced Disclosure is not
permitted;
"CRE" means the Commission for Racial Equality or any successor body;
"Data Controller" shall have the meaning ascribed to it under the Data Protection Act 1998;
"Data Processor" shall have the meaning ascribed to it under the Data Protection Act 1998;
"Data Protection Legislation" means the Data Protection Act 1998 together with all applicable
regulations, directives, orders, codes of practice, guidance notes, instructions and formal written
advice issued by or on behalf of the Information Commissioner from time to time;
"Data Subject" shall have the meaning ascribed to it under the Data Protection Act 1998;
"Dean/Deanery" means any institution responsible for post-graduate education for nonconsultant dental practitioners which leads to the accreditation of such non-consultant dental
practitioners as specialists by PMetB;
"Dental Appliance" means a denture or Bridge and for the purposes of this definition, a denture
includes an obturator;
"Dental Care Assessment" means an oral health assessment in the form as set out at Annex 2
to Schedule 2 (Service Requirements);
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"Dental Care Professional" means a person whose name is included in the Register of Dental
Care Professionals or on the appropriate roll for dental auxiliaries established in accordance with
Part II of the Dental Auxiliaries Regulations 1986;
"Dental Performers List" means a list of dental practitioners prepared in accordance with
section 106 of the Act (persons performing primary dental services);
"Dental Professional" means a Dentist or a Dental Care Professional;
"Dental Public Health Services" means services provided by the Contractor by virtue of
section 111(2) of the Act;
"Dentist" means a person whose name is included in the Dentists Register;
"Dentists Act" means the Dentists Act 1984;
"Dentists Act Order" means the Dentists Act 1984 (Amendment) Order 2005;
"Dentists Register" means the register maintained by the General Dental Council pursuant to
section 14 of the Dentists Act;
"Disaster Recovery and Business Continuity Plan" means the business continuity and
disaster recovery plan which sets out the procedures and actions which will facilitate the
Contractor, as far as reasonably practicable, to continue the provision of IM&T Services in the
event of an event of Force Majeure or similar event which might otherwise prevent the same;
"Disclosure" shall have the meaning in the Code of Practice on Disclosure;
"Dispute Resolution Procedure" means the procedure detailed in Schedule 20 (Dispute
Resolution);
"Domiciliary Services" means a Course of Treatment, or part of a Course of Treatment,
provided at a location other than:
(a)
the practice premises of any provider of primary dental services;
(b)
a mobile surgery of any provider of primary dental services; or
(c)
a prison;
"DRC" means the Disability Rights Commission or any successor body;
"EDI" means NHS Dental Services WebEDI link;
"EHRC" means the Equality and Human Rights Commission or any successor body;
"Electronic Communication" has the same meaning as in section 15 of the Electronic
Communications Act 2000;
"Employee Liabilities" means any costs, claims, demands or expenses (including reasonable
legal and other professional expenses) and all losses, damages, compensation and other
liabilities including those incurred by or attributed to any New Contractor or sub-contractor of the
PCT (which shall include any incurred as a result of an indemnity or warranty given, or to be
given, by the PCT to a New Contractor or sub-contractor);
"Employment Regulations" means the Transfer of Undertakings (Protection of Employment)
Regulations 2006 as amended from time to time;
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"Enhanced Disclosure" shall have the meaning set out in the Police Act 1997 and the Code of
Practice on Disclosure;
"EOC" means the Equal Opportunities Commission or any successor body;
"Equipment Standards" shall have the meaning as set out in Paragraph 4.1(g) of Schedule 6
(Premises and Equipment);
"ERC Position" means any position in relation to which Enhanced Disclosure is permitted in
accordance with section 115 of the Police Act 1997;
"Exempt Person" means a person who is, by virtue of section 177 of the Act (Exemptions from
Dental Charging) or the NHS Charges Regulations, exempt from the need to pay a NHS Charge
in respect of the Services;
"Exempt Staff" means any person employed by an NHS Body;
"Existing Contractor" has the meaning set out in Annex [1] or [4]5 of Schedule 18 (Staff
Transfer);
"Exit Group" has the meaning given in Paragraph 1.3 of Part 3 of Schedule 14 (Operational
Management Plan);
"Exit Period" means the period from twelve (12) months prior to the expiry of this Agreement or
within seven (7) days of receipt of any notice to terminate if this Agreement is terminated early
until the obligations in the Exit Plan have been completed or expiry or termination of this
Agreement, whichever is the later;
"Exit Plan" means the plan to be agreed in accordance with Clause 61.8 as set out in Schedule
14 (Operational Management Plan) and containing the obligations set out in Part 3 of Schedule
14 (Operational Management Plan);
"Exit Transferring Employees" means the employees of the Contractor or any sub–
contractors who are wholly or mainly employed in the Services provided under the terms of this
Agreement or in the use of a partial termination of the Agreement in the relevant part of those
Services;
"Expiry Date" means 23:59 on the day before the [
Commencement Date][Commencement Date]6;
] anniversary of the [Service
"Exposure Prone Procedure" means any invasive procedure within the Services where there
is a risk that injury to a member of Contractor Staff may result in the exposure of a Patient’s
open tissues to the blood of the worker including without limitation any procedures where the
member of Contractor Staff’s gloved hands may be in contact with sharp instruments, needle
tips or sharp tissues (such as spicules of bone or teeth) inside a Patient’s open body cavity,
wound or confined anatomical space where the hands or fingertips may not be completely
visible at all times;
"Family Member" means:
(a)
a spouse;
(b)
a civil partner;
(c)
a person whose relationship with the Patient has the characteristics of the relationship of
husband and wife, or civil partners;
5
To be amended depending on which version of Schedule 18 is being used
Note: PCT should ensure that the Expiry Date is accurate and reflects the procurement exercise. The appropriate
words in square brackets should be selected as appropriate to the local scheme.
6
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(d)
a parent or step-parent;
(e)
a son;
(f)
a daughter;
(g)
a child of whom the person is:
(h)
(i)
the guardian; or
(ii)
the carer duly authorised by the local authority to whose care the child has been
committed under the Children Act 1989; or
a grandparent;
"FHSAA" means the Family Health Services Appeal Authority constituted under section 169 of
the Act;
"Financial Year" means the period of 12 months ending with 31 March in any year;
"Force Majeure Event" means one or more of the following to the extent that it is not
attributable to the Contractor or the Contractor’s Staff: war, civil war (whether declared or
undeclared), riot or armed conflict; radioactive, chemical or biological contamination (unless part
of the Services or caused by the performance of the Services); pressure waves caused by
aircraft or other aerial devices travelling at sonic or supersonic speed; failures of supplies of
power, explosion, fire, flood or acts of terrorism, the actions of governmental authorities to the
extent that such actions are implemented either pursuant to emergency powers or otherwise
outside the usual course of governmental business which is beyond the reasonable control of
the party in question and could not have been avoided or mitigated by the exercise of all
reasonable care by that party and further provided that such event materially affects the ability of
the party seeking to rely upon it to perform its obligations under this Agreement but excluding
strikes, lock-outs or other industrial action, whether of the party in question’s own employees or
others, failure of supplies of fuel, transport, equipment, raw materials or other goods or services
or adverse weather conditions, but excluding Major Incidents;
"Further Services" means the further services set out at Part C of Part 4 of Schedule 2
(Service Requirements);
"GDP" means a general dental practitioner;
"GDS Contracts Regulations" means the National Health Service (General Dental Services
Contracts) Regulations 2005;
"GDS Contract" means a Contract pursuant to the GDS Contracts Regulations;
"Good Practice" means using standards, practices, methods and procedures conforming to the
law and exercising that degree of skill, care, diligence, prudence and foresight which would
reasonably and ordinarily be expected from a skilled, efficient and experienced clinical service
provider or other person engaged in providing services or operations the same or similar to the
Services under the same or similar circumstances to those pertaining to this Agreement;
"Hardware" means:
(a)
computer and computer equipment;
(b)
telecommunications equipment;
(c)
cabling and network systems;
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(d)
any part of the technical infrastructure which is used in the operations of, or
connected to, (a), (b) or (c) above (including all firmware and operating software
which is shipped as an integral part of (a), (b) or (c) above and all data and other
information that is embedded in (a), (b) or (c) above); and
(e)
any asset which relies in any way on (a), (b), (c) or (d) above or other
information technology;
"Health and Social Services Board" means a Health and Social Services Board established
under the Health and Personal Social Services (Northern Ireland) Order 1972;
"Health and Social Services Trust" means a Health and Social Services Trust established
under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991;
"Health Board" means a Health Board established under section 2 of the National Health
Service (Scotland) Act 1978;
"Health Care Professional" has the meaning as set out at Section 102 of the Act and
healthcare-related profession shall be construed accordingly;
"Health Care Provider" means any provider of primary care, secondary care or any other
provider of health care services, including private health care services;
"Health Service Body", unless the context otherwise requires, has the meaning given to it in
section 9 of the Act (NHS contracts);
"Health Service Commissioner" means the person appointed Health Service Commissioner
for England in accordance with Section 1 of the Schedule to the Health Service Commissioners
Act 1993;
"Hepatitis B Code" means the Health Service Circular (HSC) 2000/020 Hepatitis B Infected
Health Care Workers and the Guidance on Implementation of Health Care Service Circular
2000/020 as amended, varied, superseded, consolidated and/or added to from time to time;
"Hepatitis C Code" means the Health Service Circular (HSC) 2000/010 Hepatitis C Infected
Health Care Workers and the Guidance on Implementation of Health Care Service Circular
2000/010 as amended, varied, superseded, consolidated and/or added to from time to time;
"Hepatitis Codes" means the Hepatitis B Code and Hepatitis C Code;
"IELTS" means the International English Language Testing System;
"IM&T Interface Specification" means the written document developed by the Contractor that
describes the interfaces between the Contractor’s Systems and the PCT’s or NHSBSA’s
Systems and any other systems necessary to provide the IM&T Services;
"IM&T Services" means all services in connection with IM&T necessary to ensure the delivery
by the Contractor of Services pursuant to this Agreement, including but not limited to those more
particularly described in Schedule 5;
"IM&T Services Specification" means the written functional and technical specification
documents developed by the Contractor describing how each of the IM&T Services will be
provided, including systems to be used, procedures to be followed, maintenance and support
arrangements, disaster recovery and business continuity arrangements;
"Indirect Losses" means loss of profits (other than profits directly and solely attributable to
provision of the Services), loss of use, loss of production, increased operating costs, loss of
business, loss of business opportunity, loss of reputation or goodwill or any other consequential
or indirect loss of any nature, whether arising in tort or on any other basis;
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"Information Commissioner" means the United Kingdom’s independent authority which
promotes access to official information and protects personal information;
"Information Standards Board" means the independent body responsible for the assurance
and sign-off process for information standards in the NHS in England and those required by the
NHS in relating to other agencies, including social services. The Information Standards Board
ensures that NHS Information Standards are fit for their stated purpose and can effectively
integrate and interoperate across the NHS (England);
"Insurances" means a contract of insurance or other arrangement made for the purpose of
indemnifying the Contractor as specified in Schedule 9 (Insurance Requirements);
"Intellectual Property" means any registered or unregistered patent, copyright, database right,
moral right, design right, registered design, trade mark, service mark (whether registered or not),
domain name, know-how, utility model, unregistered design and all similar property rights
including those subsisting in any part of the world in inventions, designs, drawings,
performances, computer programs, semiconductor topographies, plant varieties, confidential
information, business names, goodwill and the style of presentation of goods or services and,
where relevant, any application for any such right, or other industrial or intellectual property right
subsisting anywhere in the world;
"KPIs" or "Key Performance Indicators" means the standards of performance to be met by
the Contractor in providing the Services, details of which are set out in Schedule 7 (Agreement
and Performance Management);
"KPI Failure" has the meaning given in Schedule 7 (Agreement and Performance
Management);
"KPI Measurement Period" means the monitoring period over which any KPI is monitored and
measured in accordance in Schedule 7 (Agreement and Performance Management);
"Late Payment Notice" has the meaning as set out in Clause 53A.1;
"Law" means:
(a)
any applicable statute or proclamation or any delegated or subordinate Law;
(b)
any enforceable community right within the meaning of section 2(1) European
Communities Act 1972;
(c)
any NHS Requirement, applicable code of practice, national minimum standard,
guidance, direction or determination with which the Contractor is bound to comply to the
extent that the same are published and publicly available or the existence or contents of
them have been notified to the Contractor by the PCT; and
(d)
any applicable judgement of a relevant court of law which is a binding precedent in
England and Wales,
in each case in force in England and Wales;
["Lease" means the lease to be entered into between the PCT and the Contractor [in the
agreed form attached at Annex 1 at Schedule 6 (Premises and Equipment);]7
"Licensing Body" means any body that licenses or regulates any profession;
7
To be amended in line with Schedule 6.
105176581_6.DOC
58
"Listed" in relation to drugs, medicines or appliances, means such drugs, medicines or
appliances as are included in a list for the time being approved by the Secretary of State for the
purposes of section 126(3) of the Act (arrangements for pharmaceutical services);
"Local Authority" means any of the bodies listed in section 1 of the Local Authority Social
Services Act 1970, the Council of the Isles of Scilly or a council constituted under section 2 of
the Local Government etc (Scotland) Act 1994;
"Local Pharmaceutical Services" has the same meaning as in regulation 2 of the National
Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002;
"Losses" means all damage, loss, liabilities, claims, actions, costs, expenses (including the cost
of legal or professional services), proceedings, demands and charges whether arising under
statute, contract or at common law but, to avoid doubt, excluding Indirect Losses;
"LSP" means the local service provider(s) appointed by the National Programme for IT to
provide information technology systems and services in the PCT’s local geographic area;
"Major Incident" means an event or occurrence which is designated as such by Category 1
Responders (as designated by the Civil Contingencies Act 2004) or the Major Incident Plan;
"Major Incident Plan" means the PCT plan for managing and responding to Major Incidents,
including the re-prioritisation of Services;
"Manage", "Manages" or "Managed" shall mean possession of the ability to grant the licences
or sub licences as provided herein without violating the terms of any agreement or other
arrangements with any third party;
"Mandatory Services" means the services described in regulation 14 of the GDS Contracts
Regulations;
"MHRA" means the Medicines and Healthcare Products Regulatory Agency;
"Minimum Income Guarantee" has the meaning set out in Paragraph 11 of Part 2 of Schedule
3 (Payment Mechanism);
"Mobile Surgery", except where expressly provided otherwise in this Agreement, means any
vehicle in which Services are to be provided;
"Monthly Annual Agreement Value Payment" has the meaning as set out in the Statement of
Financial Entitlements;
"NASP" means the national application service provider(s) appointed by the National
Programme for IT to deliver key national component parts of the National Programme for IT;
"National Disqualification" means:
(a)
a decision made by the FHSAA under section 159 of the Act (national disqualification) or
under regulations corresponding to that section made under section 106(3) of the Act
(persons performing primary dental services);
(b)
a decision under provisions in force in Scotland or Northern Ireland corresponding to
section 159 of the Act; or
(c)
a decision by the NHS Tribunal which is treated as a national disqualification by the
FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service
Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the
Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations
2002;
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"Negotiated Annual Agreement Value" or "NAAV" has the meaning as set out in the
Statement of Financial Entitlements;
"Negotiated Annual Contract Value" or "NACV" has the meaning as set out in the General
Dental Services Statement of Financial Entitlements;
"Net Book Value" means the net book value of equipment at the time in question unless the
actual life of the equipment is less than that envisaged by the net book value which would be
implied by the depreciation period for the equipment in which case the net book value shall be
adjusted to take the shorter life period of the equipment into account and depreciation for these
purposes will be calculated on a straight line basis over a period of five (5) years in line with
general PCT policy;
"New Contractor" means any third party engaged by the PCT to supply any services which are
the same as or substantially similar to any or all of the Services and which are purchased by or
provided to the PCT following the termination or expiry of all or a part of this Agreement to
replace Services formerly provided by the Contractor under this Agreement;
"New Joiners" means persons that have been recruited and employed by the Contractor (or
any sub–contractor) following the [Service Commencement Date][Commencement Date]8 and
who have been recruited to work for the whole or any part of their time on the Services
alongside the NHS Contractor Scheme Employees;
"NHS" means the National Health Service;
"NHS Body" means a Primary Care Trust, an NHS trust, an NHS foundation trust, a Strategic
Health Authority, a Local Health Board, a Health Board, a Health and Social Services Board, a
Health and Social Services Trust or a Health Board or Special Health Board constituted under
Section 2 of the National Health Service (Scotland) Act 1978;
"NHS Care Record" means the records relating to an individual patient held by the NHS Care
Record Service;
"NHS Care Records Guarantee" means the NHS care records guarantee offered to patients
and operated by the NHS Care Record Service;
"NHS Care Records Service" means the information technology systems procured by the
Department of Health and used by the health service to hold medical records relating to
Patients;
"NHS Charge" means a charge made to a Patient for provision of services pursuant to the NHS
Charges Regulations;
"NHS Charges Regulations" means the National Health Service (Dental Charges) Regulations
2005;
"NHS Choices Website" means the NHS website www.nhs.uk/Pages/homepage.aspx as
updated or replaced from time to time;
"NHS Confidentiality Code of Practice" means the document published by the Department of
Health available at: http://www.dh.gov.uk/assetRoot/04/06/92/54/04069254.pdf;
"NHS Connecting for Health" (NHS CFH) means the Directorate of the Department of Health
which came into operation on April 1st 2005 and whose purpose is to deliver the National
Programme for IT, and to maintain the national critical business systems previously provided by
the former NHS Information Authority;
8
PCT to amend as appropriate to the local scheme.
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"NHS Contract" has the meaning assigned to it in section 9 of the Act;
"NHS Contractor Scheme Employee" means staff transferring to the Contractor from the PCT
or other public sector organisation to whom the Code applies.
"NHS Counter Fraud and Security Management Service" means the NHS body responsible
for combating fraud and ensuring security within the NHS;
"NHS Direct" means the NHS organisation known as NHS Direct or equivalent organisation
which replaces it;
"NHS Dispute Resolution Procedure" means the procedure for resolution of disputes
specified in Paragraphs 55 and 56 of Schedule 3 of the Regulations;
"NHS Information Governance Toolkit" means the web based application available via the
NHS network which has been jointly developed by the Department of Health and the NHS
Information Authority incorporating initiatives relating to matters such as confidentiality, data
protection, freedom of information, information security, information quality assurance and health
records management;
"NHS Number" means the unique ten digit number assigned to every individual registered with
the NHS as defined by the NHS Connecting for Health for the time being and which, at the date
of this Agreement, is defined in
http://www.connectingforhealth.nhs.uk/systemsandservices/nhsnumber/staff;
"NHS Plan" means the ten (10) year plan for the reform of the NHS (2000 – 2010);
"NHS Requirement" means all mandatory NHS requirements and any similar official requests,
requirements and NHS standards and recommendations having similar status for the time being
in force, but only to the extent the same are published and publicly available (whether on the
Department of Health website, on the website of a Competent Authority or otherwise) or the
existence and contents of them have been notified to the Contractor by the PCT;
"NHS Tribunal" means the tribunal constituted under section 46 of the 1977 Act for England
and Wales, and which, except for prescribed cases, had effect in relation to England only until
14th December 2001 and in relation to Wales only until 26th August 2002;
"NHS Website" means the website located at the URL http://www.nhs.uk or any subsequent
URL used by the NHS from time to time;
"NISP" means the national infrastructure service provider(s) appointed as part of the National
Programme for IT to deliver key national component parts of the National Programme for IT
relating to physical infrastructure, intelligent network services and demand requirement analysis;
["Non Bookable Appointment" means an appointment with an appropriate dental practitioner
where a Patient can access the services set out in Annex 2 of Schedule 2 without prior notice
and with a reasonable expectation of being seen within [
]9 of arrival at the Practice
Premises;]10
"NPfIT NHS Care Records Service" means the National Programme for IT for NHS Care
Record Services (as defined in Schedule 1 (Definitions) of this Agreement);
"NPfIT or National Programme for IT" means the National Programme for information
technology approved by the Department of Health on 12 June 2002 and called "Delivery 21st
Century IT Support for the NHS" National Strategic Programme which is designed to create a
new technology infrastructure for the NHS, which will involve significant works, upgrades and
9
Delete if not used. The PCT will need to consider the appropriate timescale to be inserted here if used as
this will have a direct impact upon the cost of the services to the PCT.
10 To be removed where the Contractor is not required to offer Non Bookable Appointments
105176581_6.DOC
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modernisation to information technology and administrative systems used by Health Service
Bodies at a local and national level;
"NPSA" means the National Patient Safety Agency established as a Special Health Authority by
the National Patient Safety Agency (Establishment and Constitution) Order 2001;
"Opening Hours" means the opening days and hours specified in Table 4, Paragraph 3.2 of
Part 2 of Schedule 2 (Service Requirements) except Good Friday, Christmas Day or Bank
Holidays that the surgery will be open to Patients for the provision of Services;
"Operational Management Plan" or "OMP" means the plan as agreed by the parties pursuant
to Schedule 14 the first version of which is set out in Schedule 14 (Operational Management
Plan);
"Operational Period" has the meaning given in Schedule 14 Part 2 Paragraph 1.1 (Operational
Management Plan);
"Operational Plan" means the operational plan set out in Schedule 14 Annex 1 (Operational
Management Plan) containing the details required in Schedule 14 (Operational Management
Plan) Part 1 Paragraphs 1.3 and 1.4;
"Orthodontic Appliance" means a device used in the mouth to move or immobilise the teeth in
order to correct or prevent malocclusion;
"Orthodontic Course Of Treatment" means
(a)
a Case Assessment of a Patient; and
(b)
the provision of any Orthodontic Treatment that the Contractor determines should be
provided to the Patient in accordance with Paragraphs 12 to 15 of Part 4 of Schedule 2
(Service Requirements);
"Orthodontic Services" means the provision of Orthodontic Courses Of Treatment or the
services referred to in Paragraph 13.2 of Part 4 of Schedule 2 (Service Requirements);
"Orthodontic Treatment" means treatment of, or treatment to prevent, malocclusion of the
teeth, jaws and irregularities of the teeth;
"Orthodontic Treatment Plan" means an orthodontic treatment plan as set out at Paragraph
14 of Part 4 of Schedule 2 (Service Specification);
"Out of Hours Period"11 means:
(a)
the period beginning at 6.30pm on any day from Monday to Thursday and ending at
8am on the following day;
(b)
the period between 6.30pm on Friday and 8am on the following Monday; and
(c)
Good Friday, Christmas Day and Bank Holidays;
and "Part" of an out of hours period means any part of any one or more of the periods
described in Paragraphs (a) to (c);
"Out of Hours Services" means services required to be provided in all or part of the Out of
Hours Period;
11
PCTs may wish to amend this definition to reflect the period covered by any Out of Hours Services to be
provided by the Contractor. The relevant period should reflect the period falling outside the Contractor's
normal Opening Hours, by reference to paragraph 3.2, Part 2 of Schedule 2 (Service Requirements).
105176581_6.DOC
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"Overseas Disclosure" means disclosure of convictions or other related matters from any
country outside the United Kingdom by use of the relevant country’s criminal records disclosure
system;
"Overseas Person" means any person who is a citizen of or holds a Relevant Professional
Qualification from any country outside the UK or who has worked in any country outside the UK;
"Parent", in relation to any Child, means a parent or other person who has parental
responsibility for that child;
"Patient" means any person who receives any of the Services in accordance with this
Agreement;
"Patient Demographics Service or (PDS)" means the central demographics service for the
NHS Care Records Service (NHS CRS);
"Patient Information Leaflet" means a leaflet drawn up in accordance with Clause 31 and
containing the details set out in Schedule 12 (Particulars for Patient Information Leaflet) to this
Agreement;
"Patient Record" means a form supplied by the PCT for the purpose of maintaining a record of
treatment, and may include an electronic form;
"Payment Band" means the payment band (either A, B or C) which corresponds to the
Performance Band as set out for each particular KPI in Annex 1 of Schedule 7 (Agreement and
Performance Management);
"Payment Band Percentage" means the percentage set out in Annex 1 of Schedule 7
(Agreement and Performance Management) for a Payment Band for a particular KPI in a
particular Agreement Month;
"PCT Agreement Manager" means the person identified in Schedule 11 (Administration);
"PCT Area" means the area set out in Annex 1 to Schedule 2 (Service Requirements);
"PCT Clinical Lead" means the clinical lead appointed by the PCT as identified in Schedule 11
(Administration);
"PCT Core IM&T Services" means the PCT's Hardware and software, including clinical
elements as set out in Paragraph 2.2 of Schedule 5;
"PCT Dental Adviser" means the PCT's dental adviser;
"PCT Directed Change" shall have the meaning as set out in Paragraph 2 of Schedule 8
(Change Schedule);
"PCT Equipment" means the equipment to be provided by the PCT as listed in Annex 2 of
Schedule 6 (Premises and Equipment) or as otherwise provided by the PCT to the Contractor or
its agents or sub-contractors for use in the delivery of the Services;
"PCT Pharmacist" means a pharmacist employed or engaged by the PCT for the purposes of
assessing prescribing in dental practices;
"PCT Representative" means such person appointed by the PCT or other appropriate public
body to ensure compliance with the Code;
"Peer Assessment Rating" means an index of treatment standards in which individual scores
for the components of alignment and occlusion are summed to calculate an overall score
comparing pre and post treatment;
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"Performance Bands" means the ‘A’, ‘B’ or ‘C’ KPI rating given pursuant to Annex 1 of
Schedule 7 (Agreement and Performance Management) which is achieved for each particular
KPI each Agreement Month;
"Performance Monitoring Regime" means the performance monitoring regime set out in
Schedule 7 (Agreement and Performance Management);
"Performance Payment" shall have the meaning as set out in Paragraph 5 of Part 1 of
Schedule 3 (Payment Mechanism);
"Performance Percentage" has the meaning given in Schedule 7 (Agreement and
Performance Management) Paragraph 1;
"Performer" a person who performs clinical services in accordance with this Agreement;
"Personal Data" shall have the meaning ascribed to it in the Data Protection Act 1998;
"Personal Number" means a telephone number which starts with the number 070 followed by
a further 8 digits;
"Practice" means the business operated by the Contractor for the purpose of delivering
Services under this Agreement as set out in Schedule 2 (Service Requirements);
"Practice Based Quality Assurance System" means system to ensure that:
(a)
effective measures of infection control are used;
(b)
all legal requirements relating to health and safety in the workplace are satisfied;
(c)
all legal requirements relating to radiological protection are satisfied; and
(d)
any requirements of the General Dental Council in respect of continuing professional
development of dental practitioners are satisfied;
"Practice Premises" except where expressly provided otherwise, means an address or
addresses specified in Schedule 6 (Premises and Equipment) as one at which the Services are
to be provided under this Agreement or such other address from where the Services will be
provided during the term of this Agreement but not including any Mobile Surgery;
["Practice Premises Documents" means the lease/licence between [third party] and the
Contractor in all respects satisfactory to the PCT [in the form attached at Annex 1 of Schedule 6
(Premises and Equipment)] and in accordance with the terms of this Agreement]12
"Prescriber" means a dental practitioner who is engaged or employed by the Contractor
(including the Contractor where appropriate);
"Prescription Form" means a form that:
(a)
is supplied for the purposes of Clause 20.2 of this Agreement by the PCT; or
(b)
in the case where the Contractor is a Primary Care Trust, is supplied by that Primary
Care Trust to other contractors for the purposes of Clause 20.2 of this Agreement.
"Price Per Unit of Dental Activity" means the price per unit of dental activity as set out in
Paragraph 6.2 of Schedule 3 (Payment Mechanism");
12
To be completed to reflect property situation if third party property solution.
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["Price Per Unit of Orthodontic Activity" means the price per unit of orthodontic activity as set
out in Paragraph 6.2 of Schedule 3 (Payment Mechanism");]
"Primary Care List" means:
(a) a list of persons performing primary medical or dental services under section 91, section 106,
section 123 and section 146 of the Act;
(b) a list of persons undertaking to provide general ophthalmic services or, as the case may be,
pharmaceutical services prepared in accordance with regulations made under section 72,
section 129 or section 132 of the Act;
(c) a list of persons approved for the purposes of assisting in the provision of any services
mentioned in Paragraph (b) or (d) prepared in accordance with regulations made under section
149 of the Act;
(d) a list of persons who undertook to provide general medical services or general dental
services prepared in accordance with regulations made under sections 29 or 35 of the 1977 Act;
(e) a services list which fell within the meaning of section 8ZA of the National Health Service
(Primary Care) Act 1997;
(f) a list corresponding to a services list prepared by virtue of regulations made under section 41
of the Health and Social Care Act 2001; or
(g) a list corresponding to any of the above lists in Scotland or Northern Ireland;
"Primary Carer" means, in relation to an adult, the adult or organisation primarily caring for him;
"Primary Care Trust" means, except where the context otherwise requires, the Primary Care
Trust which is a party or prospective party to this Agreement;
"Principles and Rules for Co-operation and Competition" means the Department of Health’s
paper "The NHS in England: The Operating framework for 2008/9 Annex D – Principles and
Rules for co-operation and competition", published on 13 December 2007, as amended
substituted, varied, updated or replaced from time to time;
"Prison" includes a young offender institution but not a secure training centre or a naval,
military or air force prison, and for the purposes of this definition:
(a) "secure training centre" means a place in which offenders subject to detention and training
orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders
under 18: detention and training orders) may be detained and given training and education and
prepared for their release; and
(b) "young offender institution" means a place for the detention of offenders sentenced to
detention in a young offender institution or to detention in a young offender institution as part of
a longer custodial sentence, including custody for life;
"Private" in the context of services or treatment, means otherwise than under the Agreement or
Part 1 of the Act, and "Privately" shall be construed accordingly;
"POVA" means the Protection of Vulnerable Adults scheme for England and Wales; 13
"Professional Registration Number" means the number against a dental practitioner's name
in the Dentists Register;
13
http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_09329
9
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"Prohibited Act" means:
(a)
offering, giving or agreeing to give the PCT or any other public body or any person
employed by or on behalf of any of the foregoing any gift or consideration of any kind as
an inducement or reward:
(i)
for doing or not doing (or for having done or not having done) any act in relation
to the obtaining or performance of this Agreement or any other agreement with
the PCT or any other public body; or
(ii)
for showing or not showing favour or disfavour to any person in relation to this
Agreement or any other agreement with the PCT or any other public body;
(b)
entering into this Agreement or any other agreement with the PCT or any other public
body in connection with which commission has been paid or has been agreed to be paid
by the Contractor or on its behalf, or to its knowledge, unless before the relevant
agreement is entered into particulars of any such commission and of the terms and
conditions of any such agreement for the payment of such commission have been
disclosed in writing to the PCT;
(c)
committing any offence:
(d)
(i)
under the Prevention of Corruption Acts 1889-1916;
(ii)
under any law, creating offences in respect of fraudulent acts; or
(iii)
at common law, in respect of fraudulent acts in relation to this Agreement or any
other agreement with the PCT or any other public body; or
defrauding or attempting to defraud or conspiring to defraud the PCT or any other public
body or any Patient;
"Provision of Sedation" in Paragraph 10.3 of Part 4 of Schedule 2 (Service Requirements)
means the provision of one or more drugs to a Patient in order to produce a safe state of
depression of the central nervous system to enable treatment to be carried out;
"Qualifying Body" a body which is entitled to enter into this Agreement pursuant to the Dentists
Act Order;
"Quarterly Period" means an Agreement Quarter;
"Recipient" means the party receiving the Confidential Information as defined by Clause 78.1;
"Records" shall have the meaning given in Paragraph 17 of Part 1 of Schedule 2 (Service
Requirements);
"Rectification Completion Report" means a report by the Contractor confirming that a
Rectification Plan has been completed in accordance with its requirements and providing
detailed evidence reasonably satisfactory to the Half Year Review and Annual Reconciliation
Meeting of such completion;
"Rectification Plan" means a plan for rectification of a Contractor KPI Failure made by the Half
Year Review and Annual Reconciliation Meeting in accordance with Schedule 7 (Agreement and
Performance Management) which shall include a series of timed remedial actions or changes to
the Contractor’s procedures that are aimed at the elimination of the relevant Contractor KPI
Failures;
"Referral" means any referral made by the Contractor to any Health Care Provider;
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"Referral Information" means a written report of all Referrals made pursuant to this
Agreement, including:
(a)
the identity of the Referrer;
(b)
the identity of the Health Care Provider to which the Patient in question has been
referred; and
(c)
the Contractor Related Party Information.
"Referral Notice" means the notice referred to in Paragraph 9.2 of Part 4 of Schedule 2
(Service Requirements) to the Regulations (referral to another contractor, a hospital or other
relevant service provider for advanced mandatory, domiciliary or sedation services);
"Referral Rates" means the volume, nature and pattern of Referrals over a measured period of
time;
"Referral Service" means one or more of Advanced Mandatory Services, Domiciliary Services
or Sedation Services provided by the Contactor to a Patient who has, during a Course of
Treatment, been referred to the Contractor by:
(a)
another contractor;
(b)
another provider of primary dental services under Part 1 of the Act,
for the provision of one or more of those services as part of that Course of Treatment;
"Referral Treatment Plan" means a treatment plan provided pursuant to Paragraph 17.1 of
Part 4 of Schedule 2 (Service Requirements) or that plan as varied in accordance with
Paragraph 17.2 of Schedule 2 (Service Requirements);
"Referrer" means the Contractor or any other person authorised to make Referrals under this
Agreement from time to time;
"Register of Dental Care Professionals" means the register maintained by the General Dental
Council under section 36B of the Dentists Act;
"Regular Dentist" a dentist or contractor other than the Contractor where a patient is a Regular
Patient of that dentist or contractor;
"Regular Patients" means Patients that have ever been offered and have accepted a Dental
Care Assessment;
"Regulations" means the National Health Service (Personal Dental Services Agreements)
Regulations 2005;
"Relevant Professional Qualification" means any qualification which is recognised by the
General Dental Council for the purposes of professional registration with that Council;
"Relevant Register" means:
(a)
in relation to a dental practitioner, the Dentists Register; and
(b)
in relation to a Dental Care Professional, the Register of Dental Care Professionals.
"Relevant Strategic Health Authority" means the Strategic Health Authority established for an
area, which includes the area for which the PCT is established;
"Remedial Notice" has the meaning given in Clause 57.1;
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"Remedial Notice Period" shall have the meaning as set out in Clause 57.2(c);
"Request for Information" means as defined in the Freedom of Information Act 2000;
"Required Consents" means any rights, licences, way leaves, permissions or consents
necessary to provide access to and/or use of or connections to PCT’s IT systems and/or any
other Third Party Software and systems for the purpose of providing the Services;
"RFCs" means the form of specification for networking protocols used by the Internet
Engineering Task Force;
"Secretary of State" means the Secretary of State for Health;
"Sedation Services" means a Course Of Treatment provided to a Patient during which the
Contractor administers one or more drugs to a Patient, which produce a state of depression of
the central nervous system to enable treatment to be carried out, and during and in respect of
that period of sedation:
(a)
the drugs and techniques used to provide the sedation are deployed by the Contractor
in a manner that ensures loss of consciousness is rendered unlikely; and
(b)
verbal contact with the Patient is maintained in so far as is reasonably possible;
"Sensitive Personal Data" has the meaning given to it in the Data Protection Act 1998;
["Service Commencement Date" means []]14
"Service Day" means any day on which the Contractor is providing the Services to Patients
from the Practice Premises;
"Services" means the services set out in Schedules 2, 4, 5, 6, 7, 10, 12, 13 and 14 and as
amended from time to time to be provided by the Contractor in accordance with the provisions of
this Agreement and as otherwise set out in this Agreement and which shall be deemed to
include all such necessary incidental services relating to such services as may be necessarily
inferred by the PCT as being included within the Services;
"Services Payment" shall have the meaning as set out in Paragraph 3 of Schedule 3 (Payment
Mechanism);
"Significant Event" means any incident that has, or has the potential to have, an impact on
Patient safety including but not limited to:
(a)
medication errors;
(b)
patient identification errors;
(c)
exposure to hazardous substances;
(d)
wrong site surgery, such as the wrong tooth being extracted;
(e)
poor infection control;
(f)
fractured or missing instruments; and
(g)
missing Patient Records.
14
This definition should be included if services are to commence at a later date than the date on which the
Agreement is signed. If services are to commence on the Commencement Date (refer to Clause 5 of the
Main Body), this definition should be removed.
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"Staff" means all individuals (whether clinical or non clinical) employed or engaged by the
Contractor or a Contractor Party (including, if there are any, Transferring Employees, seconded
staff, locums or individuals employed or engaged on honorary, temporary or fixed term
contracts) in the provision of the Services or any activity related to, or connected with the
provision of the Services;
"Standards for Better Health" means the guidance establishing the core and developmental
standards covering NHS health care provided for NHS patients in England published at
http://www.dh.gov.uk/en/PublicationsandStatistics/Publications/PublicationsPolicyandGuidance/
DH_4086665;
"Statement of Financial Entitlements" means the Personal Dental Services Statement of
Financial Entitlements in force from time to time;
"System of Clinical Governance" means arrangements through which the Contractor
endeavours to continuously improve the quality of the Services and safeguard high standards of
care by creating an environment in which clinical excellence can flourish;
"System of Integrated Governance" means a collation of systems, processes and behaviours
by which healthcare organisations lead, direct and control their functions in order to achieve
organisational objectives, safety and quality of service and in which they relate to patients and
carers, the wider community and other health care organisations;
"Termination" means the termination or expiry of all or part of this Agreement;
"Termination Date" means the date(s) on which Termination takes effect;
"Testing On Consent" means the testing or screening of a member of Contractor Staff for
Blood Borne Viruses with the explicit written consent of the individual;
"Third Party Software" means any software used in relation to the Services in which the
Intellectual Property rights are vested in a third party;
"Transfer Date" has the meaning set out in Annex [1] or [4]15 of Schedule 18;
"Transferring Employees" means the persons employed by the PCT or any Existing
Contractor or sub–contractor of the PCT prior to the Transfer Date in provision of services which
become the Services;
"Trauma" means damage to teeth, gingival tissues or alveoli caused by a force arising outside
the mouth, resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to
the soft tissues;
"Treatment Plan" means a treatment plan as set out at Paragraph 7 of Part 4 of Schedule 2
(Service Specification)
"Underlease" means the underlease to be entered into between the PCT and the Contractor in
the agreed form attached at Annex 1 of Schedule 6 (Premises and Equipment);16
"Unique Patient" has the meaning as set out in Paragraph 4.1 of Schedule 3 (Payment
Mechanism);
"Unit of Dental Activity or UDA" means the unit of activity which is used to:
(a)
15
16
express the amount of; and
To be amended depending on which version of Schedule 18 is being used.
To be tailored depending on the property solution
105176581_6.DOC
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(b)
measure in accordance with Paragraph 1 of Part 3 of Schedule 2 (Service
Requirements) the provision of,
Mandatory Services and Advanced Mandatory Services provided under this Agreement;
["Unit of Orthodontic Activity" means the unit of activity which is used to:
(a)
express the amount of; and
(b)
measure in accordance with Paragraph 7 of Part 3 of Schedule 2 (Service
Requirements) the provision of,
Orthodontic Services provided under this Agreement;]
"Unrectified Contractor KPI Failure" has the meaning set out in Schedule 7 (Agreement and
Performance Management);
"Urgent Treatment" means a Course of Treatment that consists of one or more of the
treatments listed in Schedule 4 to the NHS Charges Regulations (urgent treatment under Band 1
charge) that are provided to a person in circumstances where:
(a)
a prompt Course of Treatment is provided because, in the opinion of the Contractor, that
person's oral health is likely to deteriorate significantly, or the person is in severe pain by
reason of his oral condition; and
(b)
treatment is provided only to the extent that is necessary to prevent that significant
deterioration or address that severe pain;
"Variation Procedure" means the variation procedure set out in Schedule 8 (Change
Schedule);
"VfM" means value for money as defined under Paragraph 3.5 of Section 3 of the Audit
Commission "Use of Resources guidance";
"Vocational Trainee" means training to be a dental practitioner and following a route accredited
by the Deanery;
"Vocational Training" means the Training and supervised employment undertaken by a
Vocational Trainee at a qualifying dental Practice;
"Vocational Training Certificate" means the certificate issued by the Deaneries to Trainees
undertaking Vocational Training. It will list the managerial and professional competencies
required to perform primary dental care services and indicate which ones the dentist has
acquired;
"Vulnerable Adult" has the meaning as set out in section 59 of the Safeguarding Vulnerable
Groups Act 2006.
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