National Health Service (Scotland) Act 1978

Regulations under section 71—charges for dental treatment

3 (1) The amount of the charge payable under section 71(1) in respect of services provided in pursuance of any contract or arrangement shall be (subject to sub-paragraph (3)) the current authorised fee for all services so provided in respect of which a charge is payable under that section or a prescribed sum, whichever is the less.

In this sub-paragraph " current authorised fee ", in relation to any services, means the fee authorised in accordance with regulations for the time being in force under this Act as the fee payable to the practitioner in respect of those services, but does not include—

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

(b) any fee or part of a fee payable by the patient in pursuance of regulations under—

(i) section 71(2);

(ii) section 73, in relation to paragraph (b) of that section ;

(iii) section 74, in relation to paragraph (b) of that section.

(2) Regulations may vary the amount or the maximum amount of any charge authorised by section 71(1), and this power includes power to direct that the charge shall not be payable.

(3) Where any services in respect of which a charge is payable under section 70 are provided in pursuance of the contract or arrangement, the charges payable under that section and section 71(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.

(4) No charge shall be made under section 71(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—

(a) was under 21 years of age (other than for services in respect of the relining of a denture or the addition of teeth, bands or wires to a denture),

(b) was under 16 years of age or was receiving full-time education in a school,

(c) was an expectant mother or had borne a child within the previous 12 months,

if (in any such case) a declaration to that effect is made by or on behalf of that person in such form and manner as may be prescribed.

(5) Regulations under section 71(1), in relation to—

(a) the persons described in paragraphs (b) and (c) of sub-paragraph (4), and

(b) any exemption in respect of the relining of a denture or the addition of teeth, bands or wires to a denture,

may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.