National Health Service (Dental Charges) (Scotland) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/363 |
| Year | 1989 |
1989No. 363
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (Dental Charges) (Scotland) Regulations 1989
7thMarch1989
10thMarch1989
1stApril1989
ARRANGEMENT OF REGULATIONS
1. Citation, commencement and interpretation.
2. Charges for supply of dental appliances.
3. Charges for other general dental services.
4. Calculation of charges.
5. Conditions for exemption under the Act.
6. Making and recovery of charges.
7. Remission and repayment.
8. Charges for more expensive supplies and repairs.
9. Charges for replacement - general dental services.
10. Discontinuation of treatment - general dental services.
11. Reduction of remuneration and accounting for charges - general dental services.
12. Revocations, amendment, savings and application of Regulations.
Schedule 1 |
Calculation of charge for supply of appliance on referral. |
Schedule 2 |
Exemptions - categories and evidence. |
Schedule 3 |
Charges for more expensive supplies and repairs - general dental services. |
Part IAmount of charge
Part II - Procedure
Schedule 4 |
Manner of determining charge for replacement. |
Schedule 5 |
Revocations. |
The Secretary of State, in exercise of the powers conferred on him by sections 4, 25, 70(1A), 71(1), 71A, 73, 74(b), 75, 105 and 108(1) of, and paragraphs 2(6) and 3(3) and (5) of Schedule 11 to, the National Health Service (Scotland) Act 1978 ( a) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the National Health Service (Dental Charges) (Scotland) Regulations 1989 and shall come into force on 1st April 1989.
(2) In these Regulations, unless the context otherwise requires-
"the Act" means the National Health Service (Scotland) Act 1978;
"the 1988 Act" means the Health and Medicines Act 1988 ( b);
"basic type" means, in relation to a dental appliance, a type no more expensive than that which is clinically necessary for such a reasonable standard of dental efficiency and oral health as is necessary to safeguard general health;
"the Board" means the Scottish Dental Practice Board constituted under section 4 of the Act ( c);
"bridge" means a fixed or a removable bridge which takes the place of any teeth;
"dental estimate form" has the same meaning as in the National Health Service (General Dental Services) (Scotland) Regulations 1974 ( d);
"denture" does not include an obturator;
(a) 1978 c.29; for the definitions of "prescribed" and "regulations" see section 108(1); section 4 was amended by section 12 of the Health and Medicines Act 1988 (c.49) ("the 1988 Act"); section 70(1A) and section 71A were inserted by, and section 71 was amended by, the 1988 Act, section 11; section 105, which contains provisions relevant to the making of regulations, was amended by the Health Services Act 1980 (c.53) ("the 1980 Act"), Schedule 6, paragraph 5 and Schedule 7, paragraph 24 and by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9; paragraph 2 of Schedule 11 was amended by the 1980 Act, Schedule 5, paragraph 6, and by the 1988 Act, section 11(8) and Schedule 2, paragraph 15 and Schedule 3; paragraph 3(4) of Schedule 11 was amended by the 1980 Act, Schedule 5, paragraph 7(2); paragraph 3(5) of Schedule 11 was amended by the 1980 Act, Schedule 5, paragraph 7(3).
(b) 1988 c.49.
(c) See section 12(1) of the 1988 Act.
(d) S.I. 1974/505; relevant amending instruments are S.I. 1979/705, 1980/1220, 1981/900, 1984/1491, 1985/1552, 1986/1571, 1987/1634 and 1988/854.
"Health Board" means a Health Board constituted under section 2 of the Act;
"patient" includes a person who pays or undertakes to pay a charge on behalf of a person to whom a dental appliance is supplied or to whom some other service is provided;
"Statement of Dental Remuneration" means the Statement published under regulation 26 of the National Health Service (General Dental Services) (Scotland) Regulations 1974;
"Statement remuneration" has the meaning given by regulation 4(2) and (3);
"supply", in relation to an appliance, includes its replacement.
(3) A reference to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number and a reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Charges for supply of dental appliances
2.-(1) Subject to paragraph 2(3), (4) and (8) of Schedule 11 to the Act (which provides for circumstances in which no charge may be made) and to paragraph (2), a charge of the amount provided for by regulation 4 may be made and recovered under section 70(1A) of the Act in accordance with these Regulations in respect of the supply under the Act of dentures and bridges.
(2) No charge shall be made and recovered under section 70(1A) of the Act in respect of-
(a) a supply, otherwise than as part of general dental services, to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of treatment for invasive tumours; or(b) a supply as part of general dental services for which a charge may be made under regulation 8(2).Charges for other general dental services
3.-(1) Subject to section 71(1)(b) and (c) of, and paragraph 3(4) of Schedule 11 to, the Act (which provide for circumstances in which no charge may be made) and to paragraph (2), the amount of the charge which may be made and recovered under section 71(1) of the Act in respect of services provided as part of general dental services is that provided for by regulation 4.
(2) No charge shall be made and recovered under section 71(1) of the Act in respect of-
(a) the supply of a dental appliance described in regulation 2(1);(b) a visit by a dental practitioner to a patient;(c) the opening by a dental practitioner of his surgery outside his normal opening hours in order to provide emergency treatment; or(d) the attendance at the surgery of a dental practitioner providing emergency treatment of a medical practitioner or of another dental practitioner, specifically with a view to the administration of a general anaesthetic in connection with emergency treatment.Calculation of charges
4.-(1) Subject to paragraphs (4) and (5), the amount of the charge which may be made and recovered-
(a) under section 70(1A) of the Act for the supply of an appliance described in regulation 2(1);(b) under section 71(1) of the Act for the provision of services other than those described in regulation 3(2),is 75% of the Statement remuneration (rounded down, where necessary, to the nearest whole penny), being an amount not exceeding that which the Secretary of State considers to be the cost to the health service (within the meaning of section 71A(5) of the Act) of the supply or provision.
(2) In these Regulations "Statement remuneration" means-
(a) in relation to the supply (whether or not as part of general dental services) of an appliance described in regulation 2(1), the remuneration provided for by the Statement of Dental Remuneration as that payable to a dental practitioner for the supply of an appliance of that type;(b) in relation to other services provided in pursuance of a contract or arrangement for the provision of general dental services, the total amount provided for by that Statement as that payable to the dental practitioner for the provision of those services under that contract or arrangement.(3) For the purposes of paragraph (2), where the Statement remuneration for any service is a fee of such amount as the Board may in its discretion approve, whether or not subject to a maximum, the amount is-
(a) if the Board has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal ( a);(b) if the Board has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.(4) Where a dental practitioner-
(a) has, under a contract or arrangement for the provison of general dental services, begun to provide for a patient services which include the supply of an appliance described in regulation 2(1); and(b) has referred that patient, for the supply of that appliance otherwise than as part of general dental services, to a Health Board or to a hospital or other person or body with which arrangements have been made for the provision of services under the Act,the amount of the charge for that supply shall be calculated in accordance with Schedule 1, and the dental practitioner shall provide the Health Board, hospital or other person or body with a written statement of the amounts mentioned in sub-paragraphs (a) and (b) of paragraph 1 of that Schedule.
(5) The amount of the charges payable under sections 70 and 71 of the Act in respect of...
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