National Health Service (General Dental Services) (Scotland) Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/505 |
| Year | 1974 |
1974 No. 505 (S. 40)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Dental Services) (Scotland) Regulations 197419thMarch 1974
29thMarch 1974
1stApril 1974
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.
4. Dental list.
5. Information about assistants.
6. Removal from dental list.
7. Withdrawal from dental list.
8. Arrangements to complete treatment.
PART III
SCOTTISH DENTAL ESTIMATES BOARD
9. Constitution.
10. Tenure of office.
11. Resignation or removal of members.
12. Functions.
13. Chairman.
14. Proceedings.
15. Standing orders.
16-17. Voting.
18. Reports.
PART IV
METHOD OF OBTAINING GENERAL DENTAL SERVICES
19. Application for services.
20. Exercise of choice of dentists 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. Additional charges for more expensive treatment.
24. Charges for replacement.
25. Payments and recovery of charges.
PART VI
REMUNERATION OF DENTISTS
26. Statement of Dental Remuneration.
27. Approval of payments.
28. Drugs.
29. Recovery of overpayments.
PART VII
MISCELLANEOUS
30. Publication of particulars.
31. Service of documents.
32. Revocation of regulations and transitional provisions.
SCHEDULES
SCHEDULE 1. Terms of service.
PART I
GENERAL
Paragraphs.
1. Interpretation.
2. Standard of service.
3. General anaesthetics.
4. Domiciliary visits.
5. Referral to another dentist or to other services provided under the National Health Service (Scotland) Acts.
6. Records.
7. Use of dental estimate form.
8. Provision and prior approval of treatment.
9. Use of special forms.
10. Inability or unwillingness of dentist to complete treatment.
11-12. Drugs.
13. Signatures.
14. Ancillary dental workers.
15. Revision of terms of service.
16. Incorporation of provisions, disputes, appeals, etc.
PART II
ADDITIONAL TERMS OF SERVICE FOR DENTISTS OTHER THAN SALARIED DENTISTS
17. Premises.
18. Records.
19. Fees and remuneration.
20. Use of dental estimate form.
21. Drugs.
22. Deputies and assistants.
23. Fair wages for dental technicians.
PART III
ADDITIONAL TERMS OF SERVICE FOR SALARIED DENTISTS
24. Attendance.
25. General anaesthetics.
26. Records.
27. Remuneration.
28. Patients' charges.
29. Drugs.
30. Termination of services.
SCHEDULE 2. Provisions conferring powers exercised in making these regulations.
SCHEDULE 3. Regulations revoked.
In exercise of the powers conferred on me by the provisions set out in Column 1 of Schedule 2 to these regulations as amended by the provisions set out in Column 2 of the said Schedule, and of all other powers enabling me in that behalf, I hereby make 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 1974, and shall come into operation on 1st April 1974.
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 (Scotland) Act 1947(a);
"the Act of 1972" means the National Health Service (Scotland) Act 1972(b);
"area" means in relation to a Health Board the area for which the Health Board is constituted;
"area dental committee" means the committee of that name for the area of a Health Board recognised under section 16 of the Act of 1972;
"area medical committee" means the committee of that name for the area of a Health Board recognised under section 16 of the Act of 1972;
"area pharmaceutical committee" means the committee of that name for the area of a Health Board recognised under section 16 of the Act of 1972;
"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;
"the Board" means the Scottish Dental Estimates Board constituted under Part III of these regulations;
"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 1968(c) who provides such services;
"Common Services Agency" means the Agency constituted under section 19 of the Act of 1972;
"dental estimate form" means where any treatment in respect of which the special form is required the special estimate form set out in Determination V of the Statement of Dental Remuneration or a form to the like effect and, in any other case, the dental estimate form set out in that Determination, 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 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;
"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 fully registered medical practitioner;
"drug tariff" means the statement prepared by the Secretary of State under the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(d);
"emergency treatment" means any treatment immediately required for the relief of pain or other urgent symptoms;
(a) 1947 c. 27
(b) 1972 c. 58.
(c) 1968 c. 67.
(d) S.I. 1974/506 (1974 I, p. 1869).
"enactment" includes a provision in a statutory instrument;
"estimate" means a dental estimate form duly completed in the manner provided by these regulations and in accordance with instructions for the completion of such form setting out a course of treatment for a patient;
"Health Board" means a board constituted under section 13 of the Act of 1972;
"health centre" means premises provided by the Secretary of State in accordance with the provisions of section 2(1)(b) of the Act of 1972 to which section 2(2) of that Act applies;
"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 40(1)(b) of the Act;
"patient" means a person for whom a dentist agrees to provide general dental services;
"the Service Committees and Tribunal Regulations" means the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974(a);
"salaried dentist" means a dentist employed by a Health Board at a health centre;
"Scale of Fees" means the scale of fees set out in Determination I of the Statement of Dental Remuneration;
"Special form" means the special estimate form set out in Determination V of the Statement of Dental Remuneration or a form to the like effect;
"Statement of Dental Remuneration" means the Statement published by the Secretary of State pursuant to regulation 26;
"supply" in relation to an appliance includes replacement;
"terms of service" means the provisions of Schedule 1 to these regulations as applicable by virtue of the provisions of regulation 3;
"treatment" means all proper and necessary dental treatment which a dentist usually undertakes for a patient, including examination and advice, the making of reports for the purposes of these regulations, the obtaining of radiographs, scaling, treatment of gums, fillings, extractions, crowning, provision of dentures and their repair, the administration of anaesthetics in connection with any such treatment, and the giving of orders on the appropriate form for drugs or the supply of drugs in accordance with these regulations.
(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) Unless the context otherwise requires, any references in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
(5) The Interpretation Act 1889(b) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(a) S.I. 1974/504 (1974 I, p. 1793).
(b) 1889 c. 63.
PART II
GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
Terms of service
3.—(1) The arrangements which a Health Board is required by section 39 of the Act to make with dentists for the provision of general dental services shall incorporate—
(a) in the case of a dentist undertaking to provide general dental services otherwise than as a salaried dentist the terms of service contained in Schedule 1 Parts I and II to these regulations; and
(b) in the case of a dentist undertaking to provide general dental services as a salaried dentist, the terms of service contained in Schedule 1 Parts I and III to these regulations:
Provided that a dentist whose application to a Health Board to provide general dental services at a health centre otherwise than as a salaried dentist has been refused may appeal to the Secretary of State and the Health Board shall give effect to any decision of the Secretary of State on that appeal.
(2) A Health Board may, after consultation with the area dental...
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