Hempsons in Print
Termination of General Dental Services Contract (GDS) - Dentistry Magazine

Jun 2010

Published in the Dentistry Magazine 17.06.10 www.dentistry.co.uk

The termination of a GDS contract can occur as a result of a number of events and may be initiated by either party to the contract. However the circumstances in which a party can terminate the contract differ, as do the avenues of challenging the decision.

The first way in which a contract may be terminated is when both parties agree. A contractor may also terminate a contract by giving appropriate notice at any time.

However the same does not apply to PCT’s who may only terminate the contract in specific circumstances, some of which give rise to a mandatory termination others merely an option to do so. An example of a possible mandatory termination is when a contractor is no longer a dental practitioner (perhaps following an erasure by the GDC). A discretionary termination can arise in circumstances such as where a contractor has been removed from a performers list or been convicted of a criminal offence. A PCT may also terminate a contract following a contractor’s breach of contract, if this has not been remedied or is repeated.

In some instances a contractor will be able to challenge the termination of a GDS contract by invoking the NHS dispute resolution procedure. However this cannot be done in all circumstances and it is therefore important that a contractor receives early advice whenever the possibility of a contract being terminated arises.

Author

Richard Creamer
Partner
t: 020 7484 7556
e: r.creamer@hempsons.co.uk
View Profile