National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2224 |
1998 No. 2224
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998
Made 10th September 1998
Laid before Parliament 10th September 1998
Coming into force 1st October 1998
The Secretary of State, in exercise of powers conferred on him by sections 15(1)(b), 15(1ZA), 35(1), 36(1), 41, 43, 77 and 126(4) of the National Health Service Act 19771and sections 2, 25(1) and (2), 27, 28 and 105(7) of the National Health Service (Scotland) Act 19782and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 and shall come into force on 1st October 1998.
Prescribed function of Health Authorities and Health Boards
2. For the purposes of section 15(1ZA) of the National Health Service Act 19773(“the 1977 Act”) and section 2 of the National Health Service (Scotland) Act 19784(“the 1978 Act”) it shall be a prescribed function of each Health Authority and Health Board which is a party to a pilot scheme under section 1(1) of the National Health Service (Primary Care) Act 19975(“the 1997 Act”) to establish and operate, in accordance with directions given by the Secretary of State under section 9(2) of the 1997 Act and section 17 of the 1977 Act or, as the case may be, section 10(2) of the 1997 Act and section 2 of the 1978 Act, procedures for dealing with complaints about the provision of personal dental services under such a pilot scheme.
Amendment of the National Health Service (General Dental Services) Regulations 1992
3.—(1) The National Health Service (General Dental Services) Regulations 19926are amended as follows.
(2) In regulation 5A (applications for vocational training numbers)7, in paragraph (3)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.
(3) In regulation 8 (removal from a dental list), in paragraph (5)—
(a)
(a) omit “or” at the end of sub-paragraph (iii)8; and
(b)
(b) at the end of sub-paragraph (iv) add—
“; or
(v)
(v) the dentist was performing personal dental services in connection with a pilot scheme.”.
(4) In regulation 20 (approval of payments), after paragraph (6) add—
“7 Where the Board has made a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not make any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental services under that pilot scheme.”.
(5) In Schedule 1 (terms of service for dentists)—
(a)
(a) in paragraph 7 (repair or replacement of restorations), after “transferred,” insert “has provided by way of personal dental services in connection with a pilot scheme or”;
(b)
(b) in each of paragraph 12 (referral to another dentist or to a hospital or other service) and paragraph 18 (referral for occasional treatment), in sub-paragraph (1), after “general dental services” insert “or personal dental services”; and
(c)
(c) in paragraph 14 (inability of dentist to complete care and treatment), after “control,” insert “or to his taking up the performance of personal dental services in connection with a pilot scheme”.
Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996
4.—(1) The National Health Service (General Dental Services) (Scotland) Regulations 19969are amended as follows.
(2) In regulation 6 (applications for vocational training numbers), in paragraph (3)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.
(3) In regulation 11 (removal from dental list), in paragraph (5)—
(a)
(a) omit “or” at the end of sub-paragraph (c); and
(b)
(b) at the end of sub-paragraph (d) add—
“, or
(e)
(e) the dentist was performing personal dental services in connection with a pilot scheme.”.
(4) In regulation 23 (approval of payments), after paragraph (6) add—
“7 Where the Board has authorised a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not authorise any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental...
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