National Health Service (General Dental Services) (Scotland) Regulations, 1955
| Jurisdiction | UK Non-devolved |
| Citation | SI 1955/258 |
| Year | 1955 |
1955 No. 258 (S. 24)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Dental Services) (Scotland) Regulations, 19559thFebruary 1955
18thFebruary 1955
28thFebruary 1955
In exercise of the powers conferred upon me by sections 33, 39, 40, 41, 43, 45, 46 and 72 of the National Health Service (Scotland) Act, 1947(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 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, 1955, and shall come into operation on the 28th day of February, 1955.
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;
"the Board" means the Scottish Dental Estimates Board constituted under Part III of these regulations;
"Council" means the Executive Council constituted for any area;
"dental estimate form" means the form set out in Part III 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 Secretary of State for the purpose of advising the Secretary of State, the Board, Councils, Local Dental Committees, and practitioners on questions arising in connection with general dental services;
"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 the administration of anaesthetics in connection with any such
(b) 12, 13 & 14 Geo. 6. c. 93.
(d) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 25.
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;
"health centre" means premises provided by the Secretary of State in accordance with the provisions of section 15 of the Act;
"the Dental Practitioners' Formulary" means the book published by that name by the British Medical Association and the Pharmaceutical Society of Great Britain;
"practitioner" means a registered dental practitioner;
"special form" means the form set out in Part V of the Fourth Schedule to these regulations or a form to the like effect;
"supply" in relation to an appliance includes replacement;
"the Tribunal" means the Tribunal constituted under section 43 of the Act.
(2) 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 39 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.
(3) A Council may, after consultation with the Local Dental Committee and with the approval of the Secretary of State, make special arrangements with a practitioner whereby the practitioner undertakes to provide general dental services throughout a district specified in the arrangements, at suitable centres in the district or at the homes of persons requiring such services.
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.
(a) 52 & 53 Vict. c. 63.
(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 whose names are included in the list practise in partnership, particulars of the partnership; and
(d) where the practitioner is acting as an assistant to another practitioner whose name is included in the list, 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 Secretary of State, to the Board and the Local Dental Committee and shall within seven days inform each of them of any alteration 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 Boards of Management of hospitals serving the area, and any person on the pharmaceutical list of the Council, and at intervals of not more than three months shall notify them of any alteration made in the dental list.
Removal of names of practitioners 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 in the area, or
(b) has ceased to provide such services in the area,
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 dental 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 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 39 (2) (b) of the National Health Service (Scotland) Act, 1947;
(b) affect a practitioner who is called up, as a volunteer or otherwise, for national service either under the National Service Act, 1948(a), or in
(a) 11 & 12 Geo. 6. c. 64.
any other 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 the Council after consultation with the Local Pharmaceutical Committee are satisfied that a person, by reason of distance or inadequacy of means of communication or other exceptional circumstances, would otherwise have serious difficulty in obtaining any drugs required for his treatment under these regulations, the Council shall require the practitioner who is responsible for the treatment of the person to supply such drugs to that person:
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 person on the pharmaceutical list of a Council.
(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 Secretary of State, 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 otherwise; 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...
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