24-Hour Retirement From an NHS Dental Contract: Does It Affect CQC Registration?
Dentists who want to access their NHS Pension Scheme benefits while continuing to work may consider a process commonly known as 24-hour retirement or retire and return.
Although the pension and NHS contract arrangements can be complicated, the effect on Care Quality Commission registration is often misunderstood. Retiring from an NHS dental contract does not necessarily mean retiring from a CQC-registered partnership or cancelling the practice’s CQC registration.
However, the position depends on the legal structure of the dental provider and whether the retirement arrangements change the entity legally responsible for carrying on regulated activities.
This guide explains the relationship between 24-hour retirement, NHS dental contracts and CQC registration in England.
What is 24-hour retirement for dentists?
The NHS Business Services Authority describes retire and return as an arrangement that allows an eligible dental professional to claim their NHS pension and subsequently return to NHS work.
A dental practitioner taking this route must genuinely retire from the relevant NHS pensionable work for the required period. The NHSBSA states that NHS dental work can resume after a break of at least 24 hours in the contract.
The way this is arranged depends on whether the dentist is:
an NHS dental provider or contract holder
a clinician working under another provider
a partner in an NHS dental contract
a sole provider
also employed in another NHS role
According to current NHSBSA retirement guidance, clinicians should contact their provider, while NHS dental providers should contact their commissioner to arrange the necessary break.
NHSBSA also states that dental professionals performing NHS dental work must normally give their commissioner three months’ notice before taking their pension.
The pension, contractual, tax and employment implications should be checked with the relevant commissioner, NHS Pensions and suitably qualified professional advisers.
Does 24-hour retirement affect CQC registration?
The short answer is that it does not normally affect CQC registration when a dentist is a partner in an existing CQC-registered partnership and remains a partner for CQC purposes throughout the retirement period.
CQC Dental Mythbuster 15 considers this specific scenario.
CQC explains that when a dentist who is a partner in a CQC-registered partnership takes 24-hour retirement from their NHS contract, they do not also retire from their responsibilities as a partner of the registered provider.
They remain jointly accountable with the other partners for the regulated activities carried on by the partnership during that period.
In this situation, CQC states that the dentist does not need to notify it or take any other action concerning the partnership’s CQC registration solely because of the 24-hour retirement.
NHS contracts and CQC registration are separate
The important principle within the CQC mythbuster is that an NHS dental contract and CQC registration are separate legal and regulatory arrangements.
The NHS contract determines who is commissioned to provide NHS dental services. CQC registration determines who is legally registered to carry on regulated activities, such as:
Treatment of disease, disorder or injury
Surgical procedures
Diagnostic and screening procedures
A person does not have to be a dentist or hold an NHS contract to be a partner in a CQC-registered partnership. Subject to the applicable registration requirements, a person also does not need to hold the NHS dental contract to act as a registered manager.
Temporarily retiring from the NHS contract therefore does not automatically remove the individual from the CQC partnership.
When is no CQC action usually required?
No CQC action is normally required where all the following apply:
the provider is registered with CQC as a partnership
the retiring dentist is one of the registered partners
the dentist remains a partner in the CQC-registered partnership
the other registered partners continue to provide appropriate oversight
the partnership remains accountable for the regulated activities
there is no change to the registered legal entity
there is no change to the regulated activities or registered locations
registered manager arrangements remain suitable
In this situation, the retirement affects the dentist’s relationship with the NHS contract and pension scheme, but it does not change the identity of the CQC-registered provider.
The practice should nevertheless retain clear documentation showing how the arrangements were managed and how regulatory accountability was maintained.
When might the practice need to contact CQC?
CQC’s mythbuster should not be interpreted as confirmation that no action is ever required for 24-hour retirement.
Its advice addresses dentists who are already partners in a CQC-registered partnership and who remain partners for CQC purposes.
The practice may need registration advice if the arrangements involve:
removing a partner permanently from the CQC partnership
adding a new partner
changing from an individual provider to a partnership
changing from a partnership to an individual provider
transferring the service to a limited company
cancelling an existing provider registration
registering a different legal entity
changing registered manager arrangements
transferring ownership or control of the practice
changing the regulated activities or locations
CQC registers the legal provider carrying on the regulated activities. Registration cannot simply be transferred from one legal entity to another.
For example, if a sole trader creates a partnership to protect or restructure an NHS contract, the proposed arrangement may have separate CQC registration implications. The dental mythbuster does not confirm that a sole provider can establish a temporary partnership without taking CQC action.
The exact structure should be agreed before contractual changes are implemented.
What about sole-provider NHS dental contracts?
A dentist holding an NHS dental contract as a sole provider should take particular care.
Retiring from the NHS contract may result in the termination of the existing contract unless an acceptable contractual arrangement is agreed with the commissioner in advance. There may not be an automatic right to resume the same contract after retirement.
If the proposed solution involves introducing another contractor, creating a partnership or changing the legal provider, this could also affect CQC registration.
A sole provider should not assume that the partnership guidance in CQC Dental Mythbuster 15 applies to them.
Before proceeding, the dentist should obtain advice covering:
NHS dental contract regulations
commissioner requirements
NHS Pension Scheme rules
CQC registration
partnership documentation
tax and financial implications
professional indemnity
continuity of patient care
Any CQC application or variation should be coordinated with the NHS contractual arrangements so that the practice does not unintentionally create a period in which the wrong provider is registered.
Could partial retirement be an alternative?
NHSBSA now identifies two ways in which eligible dental professionals may access pension benefits while continuing to work:
Retire and return, involving a break of at least 24 hours.
Partial retirement, which may allow some or all pension benefits to be taken without a break in the contract.
Partial retirement may avoid some of the contractual complications associated with 24-hour retirement, but eligibility conditions apply. The financial outcome will also depend on the member’s pension scheme, age, benefits and future working plans.
Dental professionals should obtain current pension advice before deciding which option is suitable.
Planning 24-hour retirement safely
A well-managed retirement plan should establish what changes legally and what remains unchanged.
Before agreeing a retirement date, consider the following steps:
Obtain an up-to-date NHS pension estimate.
Confirm eligibility and the correct retirement process with NHS Pensions.
Contact the NHS dental commissioner.
Identify the legal holder of the NHS dental contract.
Check the provider’s current CQC registration.
Confirm whether the CQC legal entity will remain unchanged.
Review the partnership or shareholder agreement.
Confirm registered manager and leadership arrangements.
Identify any applications or notifications that may be required.
Agree the sequence and effective dates in writing.
Maintain suitable clinical and governance oversight throughout.
Avoid making contractual changes before receiving appropriate advice.
The NHS pension application, NHS contract arrangements and any CQC changes must be properly coordinated. Treating them as separate projects without considering how they interact can create avoidable risk.
Frequently asked questions
Must a dentist notify CQC when taking 24-hour retirement?
Not where the dentist is a partner in a CQC-registered partnership and remains accountable as a partner throughout the period. This is the specific situation covered by CQC Dental Mythbuster 15.
Does retiring from an NHS dental contract remove someone from a CQC partnership?
No. Retiring from the NHS contract does not automatically remove the person from the CQC-registered partnership.
Can a dentist remain a registered manager during 24-hour retirement?
Holding an NHS dental contract is not a requirement for being a registered manager. However, the individual must continue to meet the requirements of the role and remain able to manage the regulated activities appropriately.
Does the CQC mythbuster cover sole traders?
The mythbuster specifically addresses dentists who are partners in a CQC-registered partnership. Sole providers should obtain advice because the arrangements may require changes to the NHS contract or the CQC legal entity.
Can a dentist continue working after taking their NHS pension?
NHSBSA advises that eligible dental professionals may be able to return to NHS work after the necessary break or use partial retirement. Current scheme conditions and individual circumstances must be checked before proceeding.
Getting CQC registration support
In many cases, 24-hour retirement does not require a change to CQC registration. The critical question is whether the legal provider carrying on the regulated activities will remain the same.
If the arrangements introduce a new partnership, remove a provider or transfer the practice to another legal entity, an application or other action may be required.
As a former CQC inspector, GDC-registered dental nurse, dentistry graduate and former dental practice manager, I can help practices examine the CQC implications of proposed ownership and provider changes.
Find out more about my CQC registration support for dental practices.
This article provides general regulatory information and does not constitute legal, pension, tax or financial advice. CQC, NHS contractual and NHS Pension Scheme requirements can change. Always obtain advice based on your individual circumstances before implementing a 24-hour retirement arrangement.
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