National Health Service (General Dental Services) Regulations, 1954
| Jurisdiction | UK Non-devolved |
| Citation | SI 1954/742 |
| Year | 1954 |
1954 No. 742
The National Health Service (General Dental Services) Regulations, 19542ndJune 1954
11thJune 1954
15thJune 1954
The Minister of Health, in exercise of the powers conferred upon him by sections 32, 38, 39, 40, 44, 45 and 74 of the National Health Service Act, 1946(a), as amended(b), and section 1 of the National Health Service Act, 1951(c), and section 2 of the National Health Service Act, 1952(d), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I
General
Short title and commencement
1. These regulations may be cited as the National Health Service (General Dental Services) Regulations, 1954, and shall come into operation on the fifteenth day of June, 1954.
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;
"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 the fourth schedule 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 dental 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;
(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.
"the Dental Practitioners' Formulary" means the book published by that name by the British Medical Association and the Pharmaceutical Society of Great Britain;
"dental treatment" means all proper and necessary treatment which a dental practitioner usually undertakes for a patient, including examination and advice, the obtaining of radiographs, scaling, treatment of the gums, fillings, extractions, crowning, provision of artificial 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;
"drugs" means such drugs and medicines as are specified in the third schedule 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;
"practitioner" means a registered dental practitioner;
"supply" in relation to an appliance includes replacement.
(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 the first schedule 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 sub-paragraphs (a) and (b) of the last preceding paragraph and whichever provisions are applicable shall apply.
(a) 52 & 53 Vict. c. 63.
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 the fourth schedule 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 normally in attendance,
(c) where two or more practitioners practise in partnership, the names of the partners, and
(d) where the practitioner is acting as an assistant, the name and address of the principal,
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) 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.
(5) The Council shall send a copy of the dental list to the Minister, to the Board and the Local Dental Committee and shall within seven 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 three months shall notify them of any alteration made in the dental list.
Removal of name of practitioner from dental list
5.—(1) Where a Council have determined in accordance with the provisions of this regulation and after consultation with the Local Dental Committee that a practitioner whose name has been included for the preceding six months in the list of dental practitioners undertaking to provide general dental services in the Council's area,
(a) has never provided such services for persons in the area since his name was last included in such list, or
(b) has for the preceding six months ceased to provide such services for such persons,
the Council shall remove the practitioner's name from such list.
(2) Before making any determination under the last preceding paragraph, the Council shall afford the practitioner an opportunity of making representations to the Council in writing or, if the practitioner so desires, orally, to a committee appointed by the Council for the purpose, of which committee at least a third of the members shall be practitioners from a panel nominated by the Local Dental Committee. Notice in writing of his right to make representations shall be sent to the practitioner by prepaid post at his usual or last known address at least twenty-eight days prior to any determination under this regulation.
(3) Nothing in this regulation shall—
(a) prejudice the right of a practitioner to have his name included again in the list of practitioners providing general dental services in the Council's area, in accordance with section 40 (2) (b) of the Act; or
(b) affect a practitioner who is called up, voluntarily or otherwise, for National Service under the National Service Act, 1948(a), or in any national emergency, and no determination under this regulation shall be made in respect of any such practitioner until six months after the completion of his service.
Arrangements for supply by practitioners of drugs
6.—(1) Where in the opinion of the Council a practitioner's surgery is so situated that it would be inconvenient for any of the persons for whom he is providing general dental services to obtain drugs from a chemist, the Council may require him to supply the drugs specified in the third schedule to the regulations either (a) in respect of those persons or (b) in respect of all persons for whom he is providing general dental services:
Provided that notwithstanding such requirement the practitioner may if so requested by any such person instead of supplying such drug give a prescription for the same to be supplied by a chemist.
(2) Notwithstanding anything contained in this regulation—
(a) a practitioner shall not be required to undertake the supply of drugs under this regulation if he satisfies the Council, or on appeal the Minister, that he is not in the habit of supplying drugs or that the person to be supplied can with at least equal facility obtain a supply of drugs from a chemist; and
(b) a practitioner shall be entitled to receive reasonable notice from the Council that he is required to undertake the supply of drugs or that such supply is to be discontinued.
Publication of particulars
7. The Council shall cause to be published, in such manner as appears to them best calculated to inform all persons interested, particulars of the...
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