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

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Dental Services) Regulations 1992 (S.I. 1992/661) (“the 1992 Regulations”) which regulate the terms on which general dental services are provided under the National Health Service Act 1977.

The 1992 Regulations contain many references to FHSAs (Family Health Service Authorities). These were abolished with effect from 1st April 1996 and replaced by Health Authorities. Article 3(2)(a) of the Health Authorities Act 1995 (Amendment of Transitional Provisions and Modification of References) Order 1996 (S.I. 1996/971) provided that as from that date, a reference to an FHSA in an instrument was to be construed as a reference to a Health Authority, unless the context otherwise required, but the Order did not make actual textual changes to instruments containing references to an FHSA. These Regulations amend the 1992 Regulations so that for any reference to an FHSA there is now substituted a reference to a Health Authority (regulation 2 and the Schedule).

The functions of the Secretary of State of making regulations under section 15, 35 and 36 of the National Health Service Act 1997 were transferred to the National Assembly for Wales with effect from 1st July 1999. However, the function of making regulations in respect of the Dental Practice Board was not so transferred. Accordingly, the amendment to regulation 20 of the principal Regulations to include a reference to a new Determination X in the Statement of Dental Remuneration, as it relates to Wales, is effected by these Regulations (regulation 3). (A comparable amendment was made in relation to England by regulation 4 of the National Health Service (General Dental Services) Amendment (No. 3) Regulations 2001 (S.I. 2001/1677).

Where under the terms of service set out in Schedule 1 to the principal Regulations a dentist provides occasional treatment in accordance with paragraph 17 of that Schedule, conservative treatment is restricted to fillings and root fillings but, with certain exceptions, a dentist is obliged to repair or replace such a filling at no charge to the patient up to 12 months after it was provided (regulation 4).