General Dental Services (Amendment) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 395

Health And Personal Social Services

General Dental Services (Amendment) Regulations (Northern Ireland) 2008

Made

19th September 2008

Coming into operation

17th October 2008

The Department of Health, Social Services and Public Safety(1), in conjunction with the Department of Finance and Personnel, makes the following Regulations in exercise of the powers conferred on it by Articles 61(1), (2) and (2AA), 106 and 107(6) of the Health and Personal Social Services (Northern Ireland) Order 1972(2).

In accordance with Article 61(4) of that Order the Department has consulted with such organisations as appear to be representative of the dental profession.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the General Dental Services (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 17th October 2008.

(2) In these Regulations “the principal Regulations” means the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993(3).

Amendment of the principal Regulations

2.—(1) The principal Regulations are amended as follows.

(2) In regulation 23(1)(b) (recovery of overpayments), for “under regulation 7(1) of the Disciplinary Procedures Regulations” there shall be substituted “under regulation 5(1) of the Disciplinary Procedures Regulations”.

(3) In regulation 29(b) (overpayments), for “under regulation 7(1) of the Disciplinary Procedures Regulations” there shall be substituted “under regulation 5(1) of the Disciplinary Procedures Regulations”.

(4) In paragraph 2(b)(i) of Schedule 2 (incorporation of provisions of Regulations), for “Disciplinary Committee” there shall be substituted “Discipline Committee”.

(5) In paragraph 25(2) of Schedule 2 (records) for “retained for a period of 2 years” there shall be substituted “”retained for a period of 6 years”.

(6) In paragraph 28(6)(b)(ii) of Schedule 2 (completion of care and treatment under a continuing care arrangement or a capitation arrangement or treatment on referral), for “Disciplinary Committee” there shall be substituted “Discipline Committee”.

(7) In paragraph 35(3) of Schedule 2 (deputies and assistants) for “2 assistants at any one time” there shall be substituted “2 assistants at any one time in a Board area”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th September 2008.

Christine Jenboubi

A 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 19th September 2008.

Jack Layberry

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 (“the principal Regulations”) which regulate the terms on which general dental services are provided under the Health and Personal Social Services (Northern Ireland) Order 1972.

Regulation 2(2) and (3) substitutes and replaces incorrect references made within the principal regulations to a regulation under the Disciplinary Procedures Regulations.

Regulation 2(4) substitutes and replaces incorrect references to “the Disciplinary Committee” with “the Discipline Committee”.

Regulation 2(5) increases the period that a dentist treating someone under General Dental Services is obliged to retain records from 2 years to 6 years.

Regulation 2(6) substitutes and replaces incorrect references to “the Disciplinary Committee” with “the Discipline Committee”.

Regulation 2(7) clarifies that a dentist can only employ no more than 2 assistants in a Board area at any one time.

(1)

See S.I. 1999/283 (N.I. 1), Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14); relevant amending Instruments are Article 13 of S.I. 1978/1907 (N.I. 26); Articles 30, 34, 35 and Part I of Schedule 5 to, and Part I of Schedule 6 to, S.I 1991/194 (N.I. 1); and S.I. 1997/1177 (N.I. 7)

(3)

S.R. 1993 No. 326; relevant amending Regulations are S.R. 2001 Nos. 2 and 309 and S.R. 2007 No. 292