National Health Service (General Dental Services) (Scotland) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/177 |
1996 No. 177 (S.14)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Dental Services) (Scotland) Regulations 1996
Made 28th January 1996
Laid before Parliament 19th February 1996
Coming into force 11th March 1996
The Secretary of State in exercise of powers conferred on him by sections 2(5), 25(1), (2), (2B) and (5), 28(1), 32E, 34, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781; 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) (Scotland) Regulations 1996 and shall come into force on 11th March 1996.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the National Health Service (Scotland) Act 1978;
“Appeal Body” means the body referred to in regulation 7;
“appeal committee” means a committee appointed by the Appeal Body in accordance with regulation 8(6);
“approved trainer” means a dentist on a dental list and who is approved by the Scottish Dental Vocational Training Committee as being a dentist who has the requisite skills and suitable practice facilities to enable him to act as a trainer;
“area” means in relation to a Health Board the area for which the Health Board is constituted;
“area dental committee”, “area medical committee” and “area pharmaceutical committee” mean the committees of those names which are recognised by the Health Board in relation to its area under section 9 of the Act2;
“assistant” means any dentist employed either whole-time or part-time under a contract of service by another dentist for the purpose of providing general dental services on behalf of that dentist;
“associateship agreement” means an agreement between dentists practising as principals—
(a) to which there are 2 parties, not being partners of each other; and
(b) whereby one party is liable to provide, for financial consideration, the use of some or all premises and of some or all facilities for the provision of general dental services by the other party;
“the Board” means the Scottish Dental Practice Board;
“capitation arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 5 of Schedule 1;
“care and treatment” means—
(a) all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment, preventative care; and
(b) treatment;
“chemist” means a registered pharmaceutical chemist who provides pharmaceutical services or a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 19683who provides such services;
“Common Services Agency” means the Agency constituted under section 10 of the Act;
“continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1;
“Council” means the Scottish Council for Postgraduate Medical and Dental Education established by the Scottish Council for Postgraduate Medical and Dental Education Order 19934;
“dental officer” means any dental officer appointed by the Secretary of State for the purpose of advising the Secretary of State, the Board, Health Boards and practitioners on questions arising in connection with general dental services;
“dental surgery” means any part of the practice premises where care and treatment is provided;
“dentist” means a registered dental practitioner;
“deputy” means a dentist (including a partner) acting on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;
“doctor” means a registered medical practitioner;
“Drug Tariff” means the statement prepared by the Secretary of State under regulation 9 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 19955;
“an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;
“emergency dental services” means treatment which is provided pursuant to arrangements made under regulation 17;
“estimate” means a form supplied by the Health Board, or a form to like effect, completed by the dentist and submitted to the Board in accordance with paragraph 26 of Schedule 1 for the purpose of obtaining prior approval under that paragraph;
“Health Board” means a board constituted under section 2 of the Act6;
“health centre” means premises provided by the Secretary of State in accordance with the provisions of section 36(1)(b) of the Act;
“listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 27(1)(c) of the Act;
“mobile surgery” means any vehicle in which care and treatment is provided;
“NHS charge” means the charge authorised under the National Health Service (Dental Charges) (Scotland) Regulations 19897, to the patient within the meaning of those Regulations;
“occasional treatment” means such treatment as is mentioned in paragraph 17 of Schedule 1;
“oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as in the case of any patient is reasonable having regard to the need to safeguard his general health;
“patient” means a person for whom a dentist agrees to provide general dental services;
“patient record” means the form supplied by the Health Board for the purpose of maintaining a record of treatment or a form to like effect;
“practice premises” means, in relation to any dentist, any premises at which he provides general dental services, or any mobile surgery of his;
“prior approval treatment” means any item of treatment referred to in Part I of Schedule 4 or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;
“private”, in the context of care and treatment, means otherwise than under general dental services or Part III of the Act; and “privately” shall be construed accordingly;
“salaried dentist” means a dentist employed by a Health Board who undertakes to provide general dental services at a health centre;
“Scale of Fees” means the scale of fees set out in Determination I of the Statement of Dental Remuneration;
“Scottish Dental Vocational Training Committee” means the sub-committee of that name of the Dental Committee of the Council;
“Statement of Dental Remuneration” means the Statement published from time to time by the Secretary of State pursuant to regulation 22;
“supply” in relation to an appliance includes replacement;
“suspended by direction of the Tribunal” means suspended as respects the provision of general dental services to patients by a direction of the Tribunal made pursuant to section 32A(2) or section 32B(1) of the Act8or to any provisions in force in England and Wales or Northern Ireland corresponding to those provisions;
“terms of service” means the terms of service contained, or referred to, in Schedule 1;
“trauma” means damage to teeth, gingival tissues, or alveoli caused by a force arising outside the mouth resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;
“treatment” means all proper and necessary dental treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventative treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances, orthodontic treatment and the taking of radiographs and the provision of anaesthesia and sedation in connection with such treatment and the supply of listed drugs and the issue of prescriptions in accordance with paragraphs 22 and 23 of Schedule 1;
“treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 1;
“the Tribunal” means the Tribunal constituted under section 29 of the Act;
“vocational training” means a period of one year’s full time employment (or an equivalent period of part-time employment) undertaken wholly after 30th September 1993 during which a dentist is employed under a contract of service by an approved trainer to provide a wide range of dental care and treatment and to attend such study days as that contract requires with the aim and objectives set out in Schedule 7;
“vocational training certificate” means a certificate confirming that a dentist has completed vocational training issued—
(a) in Scotland by the Director of postgraduate dental education, the chairman of the Scottish Dental Vocational Training Committee or a regional general dental practice vocational training adviser;
(b) in England, Wales or Northern Ireland by a postgraduate dental dean or a Director of postgraduate dental education; or
(c) by the Director of the Royal Naval Dental Service, the Director of the Royal Army Dental Corp or the Director of the Dental Branch of the Royal Air Force;
“vocational training number” means the number allocated to a dentist—
(a) in Scotland under regulation 6,
(b) in England and Wales under regulation 5A of the National Health Service (General Dental Services) Regulations 19929, and
(c) in Northern Ireland under the General Dental Services (Amendment) Regulations (Northern Ireland) 199310;
“voluntary vocational training certificate” means a vocational training certificate or a letter confirming that a dentist has completed vocational training on or before 30th September 1994 and signed in Scotland by the Chairman of the Scottish Dental Vocational Training Committee or an officer of a regional committee...
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