National Health Service (Dental Charges) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/394 |
| Year | 1989 |
1989No. 394
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service (Dental Charges) Regulations
1989
8thMarch1989
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 I- |
Amount of charge |
Part II- |
Procedure |
Schedule 4- |
Manner of determining charge for replacement |
Schedule 5- |
Revocations |
The Secretary of State for Health, in exercise of powers conferred by sections 35, 36, 37, 78(1A), 79(1), 79A, 81, 82(b), 83(a) and 83A of, and paragraphs 2(6) and 3(3) and (5) of Schedule 12 to, the National Health Service Act 1977 ( 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) Regulations 1989 and shall come into force on 1st April 1989.
(2) In these Regulations, unless the context otherwise requires-
(a) "the Act" means the National Health Service Act 1977; "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 Dental Practice Board constituted under section 37 of the Act ( b) ; "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) Regulations 1973 ( c) ; "denture" does not include an obturator; "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 23 of the National Health Service (General Dental Services) Regulations 1973; "Statement remuneration" has the meaning assigned to it by regulation 4(2) and (3); "supply" in relation to an appliance, includes its replacement;(b) a reference to the Secretary of State includes a reference to a health authority exercising functions on his behalf ( d);(c) 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 12 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 78(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 78(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(a) 1977 c.49; for the definitions of "prescribed" and "regulations" see section 128(1); section 37 was amended by section 12(2) and (3) of the Health and Medicines Act 1988 (c.49) ( "the 1988 Act"); section 78(1A) and section 79A were inserted by, and section 79 was amended by, the 1988 Act, section 11; section 83A was inserted by the Social Security Act 1988 (c.7), section 14 and was amended by the 1988 Act, Schedule 2, paragraph 6; paragraph 2 of Schedule 12 was amended by the Health Services Act 1980 (c.53) ( "the 1980 Act"), Schedule 5, paragraph 2, and by the 1988 Act, section 11(8) and Schedule 2, paragraph 8; paragraph 3 of Schedule 12 was amended by the 1980 Act, Schedule 5, paragraph 3.
(b) See section 12(1) of the 1988 Act.
(c) S.I. 1973/1468; the relevant amending instruments are S.I. 1980/986, 1985/1336, 1987/1965 and 1988/2265.
(d) See section 13 of the National Health Service Act 1977 and S.I. 1989/51.
(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 79(1)(b) and (c) of, and paragraph 3(4) of Schedule 12 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 79(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 79(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 78(1A) of the Act for the supply of an appliance described in regulation 2(1);(b) under section 79(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 79A(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 provision of general dental services, begun to provide for a patient services which...To continue reading
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