The National Health Service (General Dental Services) Amendment (No. 5) Regulations 2001

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 5) Regulations 2001 and shall come into force on 1st August 2001.

(2) In these Regulations “the principal Regulations” means the National Health Service (General Dental Services) Regulations 1992(1).

(3) The extent of these Regulations is as follows—

(a) this regulation extends to England and Wales,

(b) regulations 2 and 4 and the Schedule extend to England only, and

(c) regulation 3 extend to Wales only.

Amendment of the principal Regulations

2.—(1) In regulation 2(1) of the principal Regulations (interpretation), omit the definition of “FHSA”.

(2) In the provisions of the principal Regulations listed in the Schedule to these Regulations—

(a) for “FHSA” wherever it appears substitute “Health Authority”,

(b) for “An” whenever it appears immediately preceding “FHSA” substitute “A”, and

(c) for “an” whenever it appears immediately preceding “FHSA” substitute “a”.

3.  In regulation 20 (approval of payments by Dental Practice Board) in paragraph (4) for “VIII and IX” substitute “VIII, IX and X”.

4.  In paragraph 17 of Schedule 1 to the principal Regulations (occasional treatment)(2)—

(a) for head (m) of sub-paragraph (2) substitute—

“(m) conservative treatment of permanent or retained deciduous teeth by way of fillings or root fillings,” and

(b) after sub-paragraph (3) insert—

“(4) Subject to sub-paragraphs (5) and (6), where a dentist has provided conservative treatment by way of any filling or root filling in accordance with sub-paragraph (2)(m), he shall repair or replace the filling in question at no charge to the patient.

(5) A dentist shall not be under an obligation to repair or replace any filling under sub-paragraph (2)(m) where—

(a) within 12 months of the date on which the filling was provided—

(i) a dentist has provided private treatment, or

(ii) another dentist has provided occasional treatment otherwise than of a temporary nature,

on the tooth in respect of which the filling was provided;

(b) the dentist advised the patient at the time of the filling and indicated on the patient record—

(i) that the filling was intended to be temporary in nature; or

(ii) that, in his opinion, a different form of filling was more appropriate but, notwithstanding that advice, the patient insisted on the filling which was provided;

(c) in the opinion of the dentist, the condition of the tooth in respect of which the filling was provided is such that the filling cannot satisfactorily be repaired or replaced and different treatment is now required; or

(d) the repair or replacement is required as a result of trauma.

(6) The obligation to repair or replace any filling under sub-paragraph (2)(m) shall cease 12 months after the date on which the filling was provided.”.

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under-Secretary of State

Department of Health

5th July 2001