The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2004
Citation commencement and interpretation1.
(1)
These Regulations may be cited as the National Health Service (Dental Charges) (Scotland) Amendment Regulations 2004 and shall come into force on 1st April 2004.
(2)
Amendment of the principal Regulations2.
(1)
The principal Regulations are amended in accordance with paragraphs (2) to (8) below.
(2)
In regulation 1(2) (interpretation), omit the definition of “NHS trust”.
(3)
Subject to regulation 3 below, in regulation 4(5) (calculation of charges), for “£372” in both places where it occurs substitute “£378”.
(4)
In regulation 4(4) (calculation of charges)–
(a)
in sub paragraph (b), omit “or NHS trust”; and
(b)
in the full-out, omit “NHS trust,”.
(5)
In regulation 5 (conditions for exemption under the Act)–
(a)
in paragraph (1)(b), for “an NHS trust” substitute “the Agency”;
(b)
in paragraph (2)(b) after “Board”, insert “or the Agency”; and
(c)
in paragraph (4), for “NHS trust” substitute “Agency”.
(6)
In regulation 6(1) (making and recovery of charges), for “, a Health Board or NHS trust” substitute “or a Health Board”.
(7)
In regulation 8 (charges for more expensive supplies and repairs), omit–
(a)
“or a NHS trust”; and
(b)
“or, as the case may be, the NHS trust”.
(8)
In Schedule 3 (manner of determining charge for replacement)–
(a)
in paragraph 2(b), for “he” substitute “the person”;
(b)
in paragraph 3(a), omit “of the person supplied or” in the second place where it appears.
Transitional provision3.
Where, on or after 1st April 2004, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the principal Regulations shall have effect in respect of that supply, or that other provision, as if regulation 2(3) of these Regulations had not come into force.
St Andrew’s House, Edinburgh
These Regulations amend the National Health Service (Dental Charges) (Scotland) Regulations 2003 (“the principal 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. They also remove references to NHS trusts the last of which are to be dissolved on 1st April 2004 (regulation 2(2), (4), (5), (6) and (7)).
Regulation 2(3) increases from £372 to £378 the maximum contribution which a patient may be required to make towards the aggregate costs of dental appliances and other services provided in pursuance of one contract or arrangement.
Regulation 2(5) replaces two references to NHS trusts in regulation 5 of the principal Regulations, giving the Common Services Agency powers in relation to the obtaining of evidence of entitlement to exemption from NHS charges.
Regulation 2(8) makes two technical amendments to Schedule 3 of the principal Regulations.
Regulation 3 is a transitional provision which ensures that the increased maximum contribution under regulation 2(3) of these Regulations applies only where the contract or arrangement leading to the supply of such appliances and the provision of such treatment is made on or after 1st April 2004. 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.