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The National Health Service (General Dental Services) (Scotland) Regulations 2010

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PART IGENERAL

Interpretation

1.  In these terms of service, unless the context otherwise requires—

(a)the Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 2010;

(b)any reference to a numbered regulation is a reference to the regulation bearing that number in the Regulations;

(c)any reference to a numbered paragraph is a reference to the paragraph bearing that number in these terms of service, and any reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in that paragraph;

(d)any reference to a numbered Schedule is a reference to the Schedule to the Regulations bearing that number.

Incorporation of provisions of Regulations

2.  Any provisions of the following affecting the rights and obligations of contractors and dentists shall be deemed to form part of the terms of service:—

(a)the Regulations;

(b)so much of the National Health Service (Discipline Committees) (Scotland) Regulations 2006(1) as relates to—

(i)the investigation of allegations that a contractor or a dentist has failed to comply with the terms of service, and other investigations to be made by the dental discipline committee and the joint discipline committee into the provision of general dental services and the action which may be taken by the Health Board as a result of such investigations;

(ii)any decision of the Scottish Ministers (whether on appeal or otherwise) in connection with any investigation referred to in head (i) of this sub-paragraph or with any decision of the Health Board; and

(iii)the investigation of record keeping;

(c)regulations 4(4) and 6(2) of the National Health Service (Dental Charges) (Scotland) Regulations 2003(2); and

(d)the National Health Service (Tribunal) (Scotland) Regulations 2004(3).

General dental services

3.—(1) In providing general dental services for any person under these Regulations a contractor shall provide for—

(a)a person aged 18 or over with whom a continuing care arrangement has been entered into, care and treatment under that arrangement; or

(b)for a person under the age of 18 with whom a capitation arrangement has been entered into, care and treatment under that arrangement.

(2) A contractor may provide general dental services under the Regulations by way of—

(a)treatment on referral for a person who is receiving dental services from another dentist (whether or not pursuant to the Act); or

(b)occasional treatment for any person—

(i)who is receiving care and treatment with another contractor under an arrangement mentioned in sub-paragraph (1)(a) or (b);

(ii)who does not wish to enter into an arrangement mentioned in sub‑paragraph (1)(a) or (b);

(iii)with whom the contractor is not prepared to enter into an arrangement mentioned in sub‑paragraph (1)(a) or (b); or

(iv)who is referred to the contractor under paragraph 14(1).

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