The National Health Service (General Dental Services and Dental Charges) (Scotland) Amendment Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 1996 (“the 1996 Regulations”), which provide for the arrangements under which dentists provide general dental services as part of the National Health Service (“NHS”) in Scotland. They also amend the National Health Service (Dental Charges) (Scotland) Regulations 1989 (“the 1989 Regulations”), which provide for the making and recovery of charges for dental appliances supplied or repaired under the national health service, and for other dental treatment provided as part of NHS general dental services.

Regulation 2 amends the 1996 Regulations.

Regulation 2(2) adds two new items to the statement of dental remuneration being item XI Clinical audit allowances and item XII Remote area allowances. The Clinical audit allowances will provide the allowances payable to dentists for carrying out the clinical audit activities referred to in regulation 2(3)(b). The Remote area allowances will provide for payments to be made to dentists who operate from remote areas in recognition of the remoteness of such dentists' practices and the inability of these dentists to build up substantial patient lists given the population densities in particular areas.

Regulation 2(3) amends Schedule 1 to the 1996 Regulations. Sub paragraph (a) substitutes a new paragraph 17 in order to remove the distinction between the treatment available to non-registered occasional patients and those occasional patients registered with a dentist elsewhere. This will enable a greater range of occasional treatment to be provided to non-registered patients. Sub paragraph (a) also provides that where a dentist provides a filling or root filling under occasional treatment, with certain exceptions, the dentist is obliged to repair or replace such a filling at no charge to the patient up to 12 months after it was provided. Sub paragraph (b) inserts a new paragraph, 31E (clinical audit activities). This requires a dentist to undertake at least 15 hours clinical audit activity, being an analysis of dental care provided, including processes used, in every period of three years commencing on 1st April 2002 or, if later, the date when the dentist’s name is included in the dental list. The dentist is also required to take reasonable steps to ensure that any assistant of the dentist also undertakes such activities.

Regulation 3 amends the 1989 Regulations.

Regulation 3(2)(e) of the 1989 Regulations requires dentists to make no charge for certain work. Paragraph 17 of Schedule 1 to the 1996 Regulations requires repair or replacement of fillings, with certain exceptions, at no extra charge to the patient. Regulation 3(2) amends regulation 3(2)(e) of the 1989 Regulations to add work carried out in accordance with paragraph 17 to the treatments for which no charge shall be made.

Regulation 3(3) amends regulation 4(5) of the 1989 Regulations to increase from £360 to £366 the maximum contribution which a patient may be required to make towards the aggregate cost of dental treatment and appliances under Part II of the National Health Service (Scotland) Act 1978. Regulation 4 is a transitional of provision which ensures that the increased amount applies only where the contract or arrangement leading to the provision of such treatment and the supply of such appliances is made on or after 1st April 2002. Where the contract or arrangement was made before that date but the supply was made on or after that date then the previous rate applies.