NATIONAL HEALTH SERVICE, WALES Title, commencement and interpretation 1 1 The title of these Regulations is the Functions of Local Health Boards and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (Wales) Regulations 2006 which come into force on 1 April 2006. 2 In these Regulations— “the 1977 Act ” means the National Health Service Act 1977; “ the Authority ” means the NHS Business Services Authority established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ; “ GDS Contract” means a contract under section 28K of the 1977 Act (general dental services contracts) ; “ GDS Contracts Regulations ” means the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 ; “ PDS Agreement” means an agreement for primary dental services under section 28C of the 1977 Act (personal medical or dental services) ; and “ PDS Agreements Regulations ” means the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 . 3 In relation to a PDS Agreement, unless the context otherwise requires, any reference to a Relevant Body or contractor will have the same meaning as in regulation 2 of the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 . Functions of Local Health Boards exercisable by the Authority 2 1 The functions of a Local Health Board (as a Relevant Body) relating to primary dental services in Wales under the provisions specified in column 1 of the Schedule in respect of the matters indicated in column 2 of that Schedule are to be exercised by the Authority. 2 The Authority will exercise the functions set out in column 3 of the Schedule which are ancillary, related or supplemental to the functions set out in column 2 of that Schedule. 3 In the case of the function of a Local Health Board of making payments under Directions under— a section 28N of the 1977 Act, as regards GDS Contracts, referred to in entry 1(a) of column 2 of the Schedule; and b section 28E(3A) and (3B), as regards PDS Agreements, referred to in entry 2(a) of column 2 of the Schedule, the Local Health Board may only itself exercise the function where the Authority is unable to do so for reasons other than a failure by the Local Health Board to co-operate in a reasonable manner with it. 4 In so far as these Regulations provide for the Authority to exercise a function under paragraph (1) and column 2 of the Schedule— a any act or omission of the Authority in the exercise of the function will be treated solely as an act or omission of the Local Health Board or the Relevant Body; and b any obligation, right or liability arising from the terms of the GDS Contract or PDS Agreement which give effect to the functions specified in column 1 of the Schedule remain solely with the Local Health Board or Relevant Body and will not transfer to the Authority notwithstanding that the function is exercisable or was exercised by the Authority. 5 The contractor may not refuse to carry out any obligation or requirement or claim for breach of contract under the terms of the GDS Contract or PDS Agreement on the ground that the Local Health Board or Relevant Body has failed to comply with an obligation or requirement under the terms of that Contract or Agreement if the Authority has exercised the function which gave rise to that obligation or requirement. 6 Except as provided in paragraph (7), where the Authority is given the function under these Regulations of receiving or being given access to records, forms, documents or information, or of requesting any such record, form, document or information, the contractor will— a send or give access to such records, forms, documents or information to the Authority; and b upon sending or giving access to such records, forms, documents or information to the Authority, be treated as having complied with the terms of the GDS Contract or PDS Agreement which give rise to the obligation or requirement to do so. 7 Where a Local Health Board or Relevant Body requests under the GDS Contract or PDS Agreement the contractor to send or give access to records, forms, documents or information under paragraph 35, 37 or 44 of Schedule 3 to the GDS Contracts Regulations, or paragraph 36, 38 or 44 of Schedule 3 to the PDS Agreements Regulations, the contractor will send or give access to such records, forms, documents or information to the Local Health Board or Relevant Body notwithstanding the fact that it may have provided that record, form, document or information to the Authority or may be under an obligation to do so. Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 D. Elis-Thomas The Presiding Officer of the National Assembly 28 March 2006