The National Health Service (Dental Charges) Regulations 2005

Regulation 4(1)

SCHEDULE 1 Band 1 Charges – Diagnosis, treatment planning and maintenance

(a)

clinical examination, case assessment and report

(b)

orthodontic case assessment and report

(c)

advice, dental charting, diagnosis and treatment planning

(d)

radiographic examination, including panoral and lateral headplates, and radiological report

(e)

study casts including in association with occlusal analysis

(f)

colour photographs

(g)

instruction in the prevention of dental and oral disease including dietary advice and dental hygiene instruction

(h)

surface application as primary preventive measures of sealants and topical fluoride preparations

(i)

scaling, polishing and marginal correction of fillings

(j)

taking material for pathological examination

(k)

adjustments to and easing of dentures or orthodontic appliances

(l)

treatment of sensitive cementum

Regulation 4(2)

SCHEDULE 2 Band 2 Charges - Treatment

(a)

non-surgical periodontal treatment including root-planing, deep scaling, irrigation of periodontal pockets and subgingival curettage and all necessary scaling and polishing

(b)

surgical periodontal treatment, including gingivectomy, gingivoplasty or removal of an operculum

(c)

surgical periodontal treatment, including raising and replacement of a mucoperiostal flap, curettage, root planing and bone resection

(d)

free gingival grafts

(e)

permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention

(f)

sealant restorations

(g)

endodontic treatment of permanent or retained deciduous teeth

(h)

pulpotomy

(i)

apicectomy

(j)

extraction of teeth

(k)

transplantation of teeth

(l)

oral surgery including surgical removal of cyst, buried root, unerupted tooth, impacted tooth or exostosed tooth and alveolectomy

(m)

soft tissue surgery in relation to the buccal cavity and lips

(n)

frenectomy, frenoplasty and frenotomy

(o)

relining and rebasing dentures including soft linings

(p)

addition of tooth, clasp, labial or buccal flange to dentures

(q)

splints (other than laboratory fabricated splints) in relation to periodontally compromised teeth and in connection with external trauma

(r)

bite raising appliances (other than laboratory fabricated appliances)

Regulation 4(3) and (4)

SCHEDULE 3 Band 3 Charges - Provision of Appliances

(a)

porcelain, composite or acrylic mastique veneers, including acid etch retention

(b)

inlays, pinlays, onlays and palatal veneers, in alloys containing 60% or more fine gold, porcelain, composite resin and ceramics

Crowns including any pin or post aids to retention

(c)

full or three quarter crown cast in alloys containing not less than 33⅓% fine gold or platinum or palladium

(d)

full or jacket crown cast in alloys containing stainless steel or cobalt chromium or nickel chromium

(e)

crown in porcelain, synthetic resin and other non-metallic crowns

(f)

full or jacket crowns in alloys containing not less than 33⅓% fine gold or platinum or palladium, or alloys containing stainless steel or cobalt chromium or nickel chromium, with thermally bonded porcelain

(g)

jacket crown thermally bonded to wrought platinum coping

(h)

prefabricated full or jacket crown, including any pin or post retention

(i)

crowns in other materials

Bridges including any pin or post aids to retention

(j)

bridges in alloys containing 60% or more fine gold with or without thermally bonded facings

(k)

bridges cast in alloys containing stainless steel, cobalt chromium or nickel chromium, with or without thermally bonded facings

(l)

acid etch retained bridges

(m)

bridges in other materials

(n)

provision of full (complete) or partial dentures, overdentures and obturators in synthetic resin or metal or both synthetic resin and metal, including any cast or wrought metal components or aids to retention

(o)

orthodontic treatment and appliances

(p)

other custom made appliances excluding sports guards

Regulation 4(5)

SCHEDULE 4 Urgent Treatment under Band 1 Charge

(a)

examination, assessment and advice

(b)

radiographic examination and radiological report

(c)

dressing of teeth and palliative treatment

(d)

pulpectomy or vital pulpotomy

(e)

re-implantation of a luxated or subluxated permanent tooth following trauma including any necessary endodontic treatment

(f)

repair and refixing of inlays and crowns

(g)

refixing a bridge

(h)

temporary bridges

(i)

extraction of not more than 2 teeth

(j)

provision of post-operative care including treatment of infected sockets

(k)

adjustment and alteration of dentures or orthodontic appliances

(l)

urgent treatment for acute conditions of the gingivae or oral mucosa, including treatment for pericoronitis or for ulcers and herpetic lesions, and any necessary oral hygiene instruction in connection with such treatment

(m)

treatment of sensitive cementum or dentine

(n)

incising an abscess

(o)

other treatment immediately necessary as a result of trauma

(p)

not more than 1 permanent filling in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate including acid etch retention

Regulation 7

SCHEDULE 5 Exemptions – Categories and Evidence

(1) Category		(2) Evidence
1.	Under 18 years of age.	1.	The person’s birth certificate
2.	18 years of age and receiving qualifying full-time education (within the meaning set out in paragraph 1(2) of Schedule 12ZA to the Act)	2.	The person’s birth certificate and a document signed by the principal or another officer of the recognised educational establishment (within the meaning of paragraph 1(3)(a) of Schedule 12ZA to the Act), or by or on behalf of the person providing instruction by other comparable means, to the effect that the person is receiving full-time instruction at the establishment or by other comparable means.
3.	Expectant mother	3.	A certificate, signed by a registered medical practitioner or a registered midwife, as to the pregnancy
4.	Having borne a child in the previous 12 months	4.	The child’s birth certificate

Regulation 11

SCHEDULE 6 Manner of determining Charge for Replacement

1.  Where the Secretary of State, on considering a claim submitted for the approval of a free replacement of a dental appliance or an orthodontic appliance supplied in the course of the provision of relevant primary dental services, considers that there are grounds for believing that—

(a) the replacement is necessitated by such an act or omission as is referred to in regulation 11(1); or

(b) the replacement, although necessitated by such an act or omission as is referred to in regulation 11(1), was not wholly necessitated by a lack of reasonable care as is referred to in regulation 11(3),

she may investigate the matter.

2.  The Secretary of State may make such inquiry into any matter falling within paragraph 1 as she thinks fit and if either—

(a) in her opinion the circumstances so require; or

(b) the person supplied or (if he is under 16 years of age) the person in charge of him so requires,

the inquiry shall take the form of an oral hearing by a committee appointed by the Secretary of State for the purpose.

3.  The Secretary of State, having considered any report made by the committee under paragraph 2—

(a) shall determine whether the replacement is necessitated by an act or omission on the part of the person supplied or (if the act or omission occurred when the person supplied was under 16 years of age) of the person supplied or of the person having charge of him when the act or omission occurred;

(b) if it is so necessitated, shall determine whether the replacement was not wholly necessitated by a lack of reasonable care as referred to in regulation 11(3); and

(c) if it is so necessitated, shall determine, in accordance with regulation 11(2) and (3), the amount of the charge to be made and recovered.

4.  The Secretary of State shall communicate her determination to—

(a) the relevant person (within the meaning of regulation 11(4));

(b) the provider of relevant primary dental services replacing the dental appliance or orthodontic appliance; and

(c) the relevant Primary Care Trust.

Regulation 14

SCHEDULE 7 Revocations

• The National Health Service (Dental Charges) Regulations 1989 (S.I. 1989/394)

• The National Health Service (Dental Charges) Amendment Regulations 1993 (S.I. 1993/419)

• The National Health Service (Dental Charges) Amendment Regulations 1998 (S.I. 1998/2221)

• The National Health Service (Dental Charges) Amendment (No.2) Regulations 2001 (S.I. 2001/2807)

• The National Health Service (Miscellaneous Dental Charges Amendments) Regulations 2002 (S.I. 2002/2353)

• The National Health Service (Dental Charges) Amendment Regulations 2004 (S.I. 2004/1091)

• The National Health Service (Dental Charges) Amendment Regulations 2005 (S.I. 2005/576)