The National Health Service (General Dental Services) (Miscellaneous Amendments) Regulations 1990

Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1974

16.—(1) The National Health Service (Service Committees and Tribunal) Regulations 1974(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation) in the definition of “treatment” for the words “has the same meaning as in the General Dental Regulations” there shall be substituted the following words:—

“means—

(a) except in the context mentioned in sub-paragraph (b) of this definition—

(i) where at the material time the dentist is providing occasional treatment under the General Dental Regulations, treatment within the meaning of those Regulations;

(ii) in any other case, care and treatment within the meaning of those Regulations;

(b) in the context of the description of treatment to be specified under regulation 10(5)(d) or 15(1), treatment within the meaning of the General Dental Regulations other than—

(i) one examination in the course of any single consultation;

(ii) treatment in an emergency within the meaning of those Regulations;

(iii) two radiographs, each of a size not exceeding 16 centimetres square, in the course of any single consultation; and

(iv) treatment for which a dentist is remunerated in accordance with Section X (treatment under capitation) of Determination I of the Statement of Dental Remuneration dated 8th August 1990 and for which he receives no remuneration other than a capitation payment;”.

(3) In regulation 10 (decision of Committee), in paragraph (5)(d) for the words from “all or any” to the end of the sub-paragraph there shall be substituted the words “any description of treatment specified in the recommendation;”.

(4) In regulation 13 (denture conciliation committees) in paragraph (4) for the words “the dental fitness” there shall be substituted the words “and maintain the oral health”.

(5) In regulation 14 (procedure on withholding money)—

(a) in paragraph (1)—

(i) in sub-paragraph (c) for the words “paragraph 6 or paragraph 19” there shall be substituted “paragraph 23”;

(ii) in sub-paragraph (d) for the words “paragraph 2(a) or paragraph 2(b)” there shall be substituted the words “paragraph 18(1)(a) or (d)”;

(b) in paragraph (5) for the words from “failure to complete” to “skill” there shall be substituted the words “failure to exercise a proper degree of skill and attention”.

(6) In regulation 15 (procedure in dental prior approval cases), for the words in paragraph (1) from “specific treatment” to “emergency treatment” there shall be substituted the words “specified description of treatment”.

(7) In regulation 18 (investigation of record keeping)—

(a) in paragraph (1) for the words “paragraph 6 or paragraph 19” there shall be substituted “paragraph 23”;

(b) in paragraph (7)(b) for “paragraph 6” there shall be substituted “paragraph 23”.

(8) In regulation 21 (appeals from Dental Practice Board)—

(a) after paragraph (1) there shall be inserted the following paragraph:—

“(1A) Any dentist who is aggrieved by a decision of the Board under regulation 11A of the General Dental Regulations (prior approval— patterns of treatment) may, in accordance with paragraphs (2) and (3), appeal against the decision—

(a) where the name of the dentist is included in the dental list of only one Family Health Services Authority, to that Authority;

(b) where the name of the dentist is included in the dental list of more than one Family Health Services Authority, to any such Authority.”;

(b) in paragraph (5)—

(i) in sub-paragraph (a) for the words from “an estimate” to “relates” there shall be substituted the words “a claim for remuneration on the grounds that the services to which the claim relates”;

(ii) in sub-paragraph (d) for the words from “appoint” to “the appeal” there shall be substituted the following words:—

“appoint—

(i) where the appeal is made under paragraph (1A) three dentists;

(ii) in any other case, two dentists;

as referees to determine the appeal”.

(9) Regulation 22 (investigation of excessive dental treatment) is hereby revoked.

(10) In regulation 53 (power to extend time limits) the figure “, 22” shall be omitted in paragraph (1)(a).

(1)

S.I. 1974/455; the relevant amending instruments are S.I. 1982/288, 1985/39, 1987/445, 1989/1630 and 1990/538. 1982/288, 1985/39, 1987/445, 1989/1630 and 1990/538.