National Health Service (General Dental Services) Regulations 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/755 |
| Year | 1964 |
1964 No. 755
NATIONAL HEALTH SERVICE, ENGLAND
AND WALES
The National Health Service (General Dental Services) Regulations 196425thMay 1964
4thJune 1964
29thJune 1964
ARRANGEMENT OF REGULATIONS
PART I
General
Regulation
1. Citation and commencement.
2. Interpretation.
PART II
General arrangements for provision of General Dental Services
3. Terms of service for practitioners.
4. Dental list
5. Removal of name of practitioner from dental list.
6. Arrangements for supply by practitioners of drugs.
7. Publication of particulars.
PART III
Dental Estimates Board
8. Constitution.
9. Term of office.
10. Resignation or removal of members.
11. Officers.
12. Chairman.
13. Proceedings.
14. Standing Orders.
15. Voting.
16. Minutes.
17. Reports.
PART IV
Method of obtaining general dental services
18. Application for services elsewhere than at a health centre.
19. Application for services at a health centre.
20. Exercise of choice of practitioner in certain cases.
21. Examination by dental officer.
PART V
Charges payable by or on behalf of patients
22. Charges for treatment and appliances.
23. Charges for drugs.
24. Additional charges for more expensive dental appliances and treatment.
25. Charges for replacement necessitated by lack of care.
26. Provisions applicable to services at health centres.
27. Recovery of charges.
PART VI
Remuneration of dental practitioners
28. Practitioners practising elsewhere than at a health centre.
29. Conditions of payment
30. Drugs.
31. Additional payment to practitioners.
32. Practitioners practising at a health centre.
33. Recovery of overpayments.
PART VII
Miscellaneous
34. Application of regulations to Isles of Scilly.
35. Revocation of regulations.
SCHEDULES
SCHEDULE 1—Terms of service for dental practitioners.
SCHEDULE 2—Treatment for which the prior approval of the Board is required.
SCHEDULE 3—List of prescribed drugs.
SCHEDULE 4—Forms.
SCHEDULE 5—Scale of fees for dental treatment and conditions with respect to materials.
SCHEDULE 6—Remuneration of dental practitioners practising at a health centre.
SCHEDULE 7—Regulations revoked.
The Minister of Health, in exercise of the powers conferred on him by sections 32, 38, 39, 40, 44, 45 and 74 of the National Health Service Act 1946(a), as amended by the National Health Service (Amendment) Act 1949(b), section 1 of the National Health Service Act 1951(c) and section 2 of the National Health Service Act 1952(d) as amended by the National Health Service Act 1961(e), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I
General
Citation and commencement
1. These regulations may be cited as the National Health Service (General Dental Services) Regulations 1964, and shall come into operation on 29th June 1964.
(a) 9 & 10 Geo. 6. c. 81.
(b) 12, 13 & 14 Geo. 6. c. 93.
(d) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 25.
Interpretation
2.(1) In these regulations, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them:—
"the Act" means the National Health Service Act 1946;
"assistant" means any practitioner employed either whole-time or part-time, under a contract of service, by another practitioner for the purpose of providing general dental services on behalf of that practitioner;
"the Board" means the Dental Estimates Board constituted under part III of these regulations;
"chemist" means any person on the pharmaceutical list of a Council;
"Council" means the Executive Council constituted for any area;
"dental estimate form" means the form set out in part II of schedule 4 to these regulations, or a form to the like effect;
"dental fitness" means such a reasonable standard of dental efficiency and oral health as is necessary to safeguard general health, and "dentally fit" has a corresponding meaning;
"dental officer" means any dental officer appointed by the Minister for a district for the purpose of advising the Minister, the Board, Councils, Local Dental Committees, and practitioners on questions arising in connection with estimates submitted or dental treatment given by practitioners, or the conditions under which general dental services are provided by practitioners;
"dental treatment" means all proper and necessary treatment which a practitioner usually undertakes for a patient, including examination and advice, the obtaining of radiographs, scaling, treatment of the gums, fillings, extractions, crowning, provision of dentures and their repair and remaking, and the administration of anaesthetics in connection with any such treatment, and includes the giving of orders on the appropriate form for drugs or the supply of drugs in accordance with these regulations;
"deputy" means a practitioner (including a partner) acting on behalf of another practitioner, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;
"Drug Tariff" means the statement prepared by the Minister under regulation 27 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1962(a);
"drugs" means such drugs and medicines as are specified in schedule 3 to these regulations;
"emergency treatment" means any treatment immediately required for the relief of pain or other urgent symptoms;
"enactment" includes an enactment in a regulation;
"health centre" means premises provided by a local health authority in accordance with the provisions of section 21 of the Act;
"patient" means a person for whom a practitioner agrees to provide general dental services;
"practitioner" means a registered dental practitioner;
"scale of fees" means the scale of fees set out in schedule 5 to these regulations;
"supply" in relation to an appliance includes replacement.
(a) S.I. 1962/2248 (1962 III, p. 3092).
(2) Unless the context otherwise requires, references in these regulations to any enactment shall be construed as references to that enactment as amended or re-enacted by any subsequent enactment.
(3) References in any other regulations to the regulations revoked by these regulations or to any provision thereof shall be construed as references to these regulations or to the corresponding provisions thereof, as the case may be.
(4) The Interpretation Act 1889(a) applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
PART II
General arrangements for provision of General Dental Services
Terms of service for practitioners
3.—(1) The arrangements which a Council are required by section 40 of the Act to make with practitioners for the provision of general dental services shall incorporate—
(a) in the case of a practitioner undertaking to provide general dental services elsewhere than at a health centre, the terms of service contained in part I of schedule 1 to these regulations; and
(b) in the case of a practitioner undertaking to provide general dental services at a health centre, the terms of service contained in part II of the said schedule.
(2) Where a practitioner provides general dental services both elsewhere than at a health centre and at a health centre, the arrangements shall incorporate the provisions contained in paragraph 1(a) and (b) of this regulation and whichever provisions are applicable shall apply.
Dental list
4.—(1) The Council shall prepare a list, to be called "the dental list", of the practitioners who, having applied, are entitled to be included in the list.
(2) Application by a practitioner for inclusion in the dental list shall be made by delivering or sending the application by post to the Council in the form set out in part I of schedule 4 to these regulations, or in a form to the like effect.
(3) The dental list shall contain, in addition to the names of practitioners—
(a) the address of any surgery or health centre at which the practitioner undertakes to provide general dental services,
(b) particulars of the days and hours at which he is or will be usually in attendance,
(c) where two or more practitioners practise in partnership, the names of the partners,
and may, if the Council think fit, be so arranged as to show the part of the area in which each practitioner will provide treatment.
(4) A practitioner on the dental list shall within 14 days notify the Council of any change or addition affecting the entries which the dental list is required to contain in relation to him.
(5) Copies of the dental list shall be available for inspection at the office of the Council and at such other places as appear to the Council to be convenient for informing all persons interested and shall be kept revised up to date.
(a) 52 & 53 Vict. c. 63.
(6) The Council, shall send a copy of the dental list to the Minister, the Board and the Local Dental Committee and shall within 14 days inform each of them of any alterations which may from time to time be made therein. The Council shall also send, if requested to do so, a copy of the list to the Local Medical and Local Pharmaceutical Committees, the local health authority, the Regional Hospital Board, the Hospital Management Committees of hospitals serving the area, the Board of Governors of any teaching hospital in the area, and any chemist under contract with the Council to provide pharmaceutical services, and in such event at intervals of not more than 3 months shall notify them of any alteration made in the dental list.
(7) The Council shall give to the Board such information concerning the employment of assistants by practitioners as the Minister may require.
Removal of name of practitioner from dental list
5.—(1) Where a Council have determined in accordance with the succeeding provisions of this regulation that a practitioner whose name has been included for the preceding 6 months in the dental list—
(a) has never provided general dental services for persons in the area since his name was last included in the list, or
(b) has for...
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