The National Health Service (Personal Dental Services Agreements) Regulations 2005
| Year | 2005 |
2005 No. 3373
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Personal Dental Services Agreements) Regulations 2005
Made 7th December 2005
Laid before Parliament 9th December 2005
Coming into force 1st January 2006
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred upon her by sections 28D, 28E and 126(4) of the National Health Service Act 19771and section 4(5) of the National Health Service and Community Care Act 19902.
PART 1
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the National Health Service (Personal Dental Services Agreements) Regulations 2005 and shall come into force on 1st January 2006.
(2) These Regulations apply in relation to England only3.
Interpretation
2.—(1) In these Regulations—
“the Act” means the National Health Service Act 1977;
“the 1990 Act” means the National Health Service and Community Care Act 1990;
“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 (NHS dispute resolution procedure);
“advanced mandatory services” means any primary dental service that would fall within the services described in regulation 14 of the GDS Contracts 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;
“agreement” means, except where the context otherwise requires, an agreement for primary dental services made under section 28C of the Act;
“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 pursuant to section 1 of the Banking and Financial Dealings Act 19714;
“bridge” means a fixed or removable bridge which takes the place of any teeth;
“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;
“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;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
“child” means a person who has not attained the age of 16 years;
“complete”, in relation to—
(a) 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 8(5) of Schedule 3 (treatment plans), all the treatment recommended to, and agreed with, the patient by the contractor 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 8(1) of Schedule 3, all the treatment specified on that plan by the contractor (or that plan as revised in accordance with paragraph 8(3) of that Schedule) has been provided to the patient; and
(b) an orthodontic course of treatment, means that—
(i) where the contractor determines in accordance with paragraph 4 of Schedule 1 (patients to whom orthodontic treatment may be provided) 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 6 of Schedule 1 (orthodontic treatment plans) (or that plan as revised in accordance with paragraph 6(3) of that Schedule) has been provided to the patient,
and “completed” shall be construed accordingly;
“contractor” means, except where the context otherwise requires—
(a) where a Primary Care Trust is not providing services under the agreement, a person or persons other than a Primary Care Trust, who is a party, or are parties, to the agreement; or
(b) where a Primary Care Trust is providing services under the agreement, that Primary Care Trust and any other person or persons (other than a Strategic Health Authority) who is a party, or are parties, to the agreement;
“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;
“dental appliance” means a denture or bridge and for the purposes of this definition, a denture includes an obturator;
“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 19865;
“dental performers list” means a list of dental practitioners prepared in accordance with regulations made under section 28X of the Act6(persons performing primary medical and dental services);
“dental public health services” means services provided by the contractor by virtue of section 16CB(4)(c) of the Act7(dental public health);
“Dentists Act” means the Dentists Act 19848;
“Dentists Act Order” means the Dentists Act 1984 (Amendment) Order 20059;
“Dentists Register” means the register maintained by the General Dental Council pursuant to section 14 of the Dentists Act10(the dentists register and the registrar);
“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;
“exempt person” means a person who is, by virtue of either Schedule 12ZA to the Act11(dental charging: exemptions) or the NHS Charges Regulations, exempt from the need to pay an NHS Charge in respect of the services he has received under the agreement;
“family member” means—
(a) a spouse;
(b) a civil partner;
(c) a person whose relationship with the registered patient has the characteristics of the relationship between husband and wife, or civil partners;
(d) a parent or step-parent;
(e) a son;
(f) a daughter;
(g) a child of whom the person is—
(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 198912; or
(h) a grandparent;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the Act13(the Family Health Services Appeal Authority);
“financial year” means the period of 12 months ending with 31st March in any year;
“GDS Contracts Regulations” means the National Health Service (General Dental Services Contracts) Regulations 200514;
“health care professional” has the same meaning as in section 28M of the Act15(persons eligible to enter into GDS contracts) and “health care profession” shall be construed accordingly;
“health service body” has, unless the context otherwise requires, the meaning given to it in section 4(2) of the 1990 Act16(NHS contracts);
“licensing body” means any body that licenses or regulates any profession;
“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 41(1)(c) of the Act17(arrangements for pharmaceutical services);
“mandatory services” means the services described in regulation 14 of the GDS Contracts Regulations;
“mobile surgery”, except where expressly provided otherwise in these Regulations, means any vehicle in which services under the agreement are to be provided;
“national disqualification” means—
(a) a decision made by the FHSAA under section 49N or under regulations corresponding to that section made under section 28X(4) of the Act18(national disqualifications);
(b) a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act; or
(c) a decision by the NHS Tribunal which is treated as a national disqualification by...
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