The Health and Medicines (Northern Ireland) Order 1988

Charges for dental appliances and treatment N.I.

7.—(1) In sub‐paragraph ( a ) of paragraph 1 of Schedule 15 to the principal Order for heads ( i ) and ( ia ) there shall be substituted the following heads—

“(i) such charges as may be prescribed in respect of such services (other than services provided as part of the general dental services) provided under this Order as may be prescribed;

(ia) a charge of an amount calculated in accordance with paragraph 1A in respect of any services provided as part of the general dental services, not being—

(a) the repair of appliances other than prescribed appliances; or

(b) the arrest of bleeding;

(iaa) charges of amounts calculated in accordance with paragraph 1A in respect of the supply under this Order of dentures and other dental appliances of prescribed descriptions;” .

(2) In Schedule 15 to the principal Order for paragraph 1A there shall be substituted the following paragraph—

“1A.— (1) Subject to the following provisions of this paragraph, regulations made with the approval of the Department of Finance and Personnel may make such provision as to the amount of any charge—

(a) authorised by paragraph 1( a )( ia ) for the provision of services; or

(b) authorised by paragraph 1( a )( iaa ) for the supply of dentures or other dental appliances,

as appears to the Department to be appropriate.

(2) Without prejudice to the generality of sub‐paragraph (1), regulations may provide that any charge which is so authorised in respect of appliances or services supplied or provided under Part VI—

(a) shall be of an amount equal—

(i) to the practitioner's remuneration in respect of the supply or provision; or

(ii) to any part of that remuneration; or

(b) shall be otherwise calculated by reference to that remuneration.

(3) Without prejudice to the generality of sub‐paragraph (1), regulations may provide that any charge which is authorised in respect of appliances supplied otherwise than under Part VI—

(a) shall be of an amount equal—

(i) to the remuneration a practitioner would receive for a supply under that Part of equivalent appliances; or

(ii) to any part of such remuneration; or

(b) shall be otherwise calculated by reference to such remuneration.

(4) The charge shall not exceed the amount which the Department considers to be the cost to [F1 health care] of the supply or provision.

(5) In this paragraph “cost to [F1 health care]” does not include—

(a) any fee in respect of a visit by a practitioner to a patient;

(b) any fee in respect of the exceptional attendance by a practitioner at his surgery in order to provide emergency treatment; or

(c) any fee or part of a fee payable by a patient in pursuance of regulations under Article 61(2)( d ) or (3).”.

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2