General Dental Services (Amendment) Regulations (Northern Ireland) 2001

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the General Dental Services (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation—

(a) except for the purposes of regulation 6(3), on 5th February 2001; and

(b) for the purposes of regulation 6(3), on 2nd April 2001.

(2) In these Regulations “the principal Regulations” means the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993(1).

Amendment of regulation 8 of the principal Regulations

2.—(1) Regulation 8 of the principal Regulations (removal from dental list) is amended as follows.

(2) In paragraph (1)—

(a) at the end of sub-paragraph (a) the word “or” is omitted;

(b) after sub-paragraph (b) there is inserted—

“(c) has been convicted in the United Kingdom of murder; or

(d) has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of at least six months”.

Amendment of regulation 14 of the principal Regulations

3.  In regulation 14 of the principal Regulations (Emergency Dental Services)(2), in paragraph (1), the words “whose name is included in the dental list” shall be omitted.

Amendment of regulation 19 of the principal Regulations

4.  In regulation 19 of the principal Regulations (Statement of Dental Remuneration), in paragraph (1), there shall be inserted in the Table “V Commitment payments”.

Amendment of regulation 20 of the principal Regulations

5.  In regulation 20 of the principal Regulations (approval of payments), in sub-paragraph (5), after “IV”, there shall be inserted “V”.

Amendment of Schedule 2 to the principal Regulations

6.—(1) Schedule 2 to the principal Regulations (terms of service for dentists) shall be amended as follows.

(2) In paragraph 25 (records)—

(a) in sub-paragraph (1)—

• before “record” the first time it appears, there shall be inserted “full, accurate and contemporaneous”;

(b) in sub paragraph (2) after “records,” there shall be inserted “forms,”;

(c) for sub-paragraph (3) there shall be substituted—

“(3) The dentist shall, during the period in which he holds any records, forms, radiographs, photographs and study models referred to in sub-paragraph (1)—

(i) produce them on request to a dental officer of the relevant Board or a referral dental officer for inspection; or

(ii) send them to a referral dental officer, the Committee, the Agency or the Board within 14 days of being required to do so by a referral dental officer, the Committee, the Agency or the Board.”.

(3) After paragraph 27 there shall be inserted—

“Completion of claim forms

27A.— (1) Subject to sub-paragraph (2), where a person declares that he or a person for whom he is responsible does not have to pay the charges prescribed by the Health and Personal Social Services Dental Charges Regulations (Northern Ireland) 1989(3) by virtue of either—

(a) entitlement to exemption under sub-paragraph (6) of paragraph 1AA of Schedule 15 to the Order(3); or

(b) entitlement to remission of such charges under regulation 3 or 5 of the Health and Personal Social Services Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989(4)

the dentist shall ask that person to produce to him satisfactory evidence in support of that declaration and where that person does not produce such evidence the dentist shall record that fact in his form claiming remuneration for the treatment of that person or the person for whom that person is responsible.

(2) Where, at the time of the declaration there is already available to the dentist satisfactory evidence of an entitlement to exemption from the charges on the grounds that the person in respect of whom the declaration is made is under 18 years of age, the obligations on the dentist specified in sub-paragraph (1) shall not apply.

(3) The dentist may appoint a member of his staff to undertake the task set out in sub-paragraph (1) on his behalf, and where he does so he shall ensure that that staff member is given sufficient instruction to enable him to perform that task.”.

(4) After paragraph 37 there shall be inserted—

“37A.   Where care and treatment is given by an assistant, the dentist or assistant shall complete a claim for remuneration in respect of that care and treatment which—

(a) is separate from any claim form in respect of care and treatment given by the dentist personally; and

(b) identifies the assistant by whom the care and treatment was given and his status as an assistant.”.

Amendment of Schedule 3 to the principal Regulations

7.—(1) Schedule 3 to the principal Regulations (application for inclusion in the dental list) is amended as follows.

(2) In Part I—

• after paragraph 16(5) there is inserted—

  “17.   Declaration as to whether—

  (a) he has been convicted of a criminal offence, bound over or cautioned in the United Kingdom or elsewhere, or is currently the subject of any proceedings which might lead to a conviction, order or to bind over or caution;

  (b) he has been, or is currently subject to any action by his professional body or by licensing or regulatory body in the United Kingdom or elsewhere,

  and if so, details, including approximate dates of where the action or proceedings were or are to be brought, the nature of that action or proceedings and any outcome.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 4th January 2001.

L.S.

D. A. Baker

Senior Officer of the

Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on 4th January 2001.

L.S.

D. Sterling

Senior Officer of the

Department of Finance and Personnel