The National Health Service (Dental Charges) (Scotland) Regulations 2003

3.  The Health Board, having considered any report made by its sub-committee under paragraph 2–

(a)shall determine whether the replacement is necessitated by an act or omission on the part of the person supplied or (if the act or omission occurred when the person supplied was under 16 years of age) of the person supplied or of the person having charge of the person supplied when the act or omission occurred; and

(b)if it is so necessitated, shall determine in accordance with regulation 9(2) and (3), the amount of the charge to be made and recovered.