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There still seem to be a large number of PDS practitioners who are unaware of the need to serve notice on their PCO by 31st December at the very latest, if they have PDS Agreements that are due to expire on 31st March 2009 and they wish to exercise their right to convert from PDS to GDS.
If a PDS agreement was granted for a fixed term, it will come to an end on
the date specified in the agreement. If a contractor wishes to continue to
provide NHS dental services after the date that the agreement is due to come
to an end, then the contractor will be reliant on the PCO either:
(a) to extend the term of the current agreement (for which a variation
notice should be put in writing and signed by the contractor and the PCO in
advance of the existing agreement coming to an end and preferably prior to
31st December 2008); or
(b) to grant a replacement agreement on terms negotiated between the
contractor and the PCO (with a replacement agreement being signed by the
contractor and the PCO in advance of the existing agreement coming to an end
and preferably prior to 31st December 2008.)
The only alternative is for the contractor to transfer from PDS to GDS,
securing an ongoing rather than a fixed term GDS contract.
If a contractor has a fixed term PDS agreement with a requirement to perform
some level of general mandatory services, then there is a right set out in
Regulation 21 of Part 6 of the PDS Regulations to serve three months'
written notice on their PCO to bring the existing PDS agreement to an end
and to have a replacement GDS contract granted. Please note that this right
does not apply to those contractors who do not perform some level of general
mandatory services under their areements.
It is important to clarify that the PDS Regulations specifically state that
on a transfer from PDS to GDS, the replacement GDS contract must be granted
with the same UDA requirement. However, the PDS Regulations do not make any
specific provision regarding contract value or the duration of the
replacement GDS contract to be issued.
