1991 No. 569 (S.54)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1991

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred on him by sections 25(1), (2) and (2B), 70(1A), 71(1), 71A, 75, 105(7) and 108(1) of, and paragraphs 2(6) and 3(3) and (5) of Schedule I I to, the National Health Service (Scotland) Act 19781 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1991 and shall come into force on 1st April 1991.

2

In these Regulations, a reference to “the principal Regulations” is to the National Health Service (General Dental Services) (Scotland) Regulations 19742.

Amendment of regulation 4 of the principal Regulations2

In regulation 4(1) of the principal Regulations (dental list), at the end of paragraph (1)(b) the full stop is deleted and there is inserted the following:—

  • ; or

    1. a

      regulation 4A.

Insertion of regulation 4A into the principal Regulations3

After regulation 4 of the principal Regulations (dental list) there is inserted the following regulation:—

Restrictions on the right to be included in a dental list4A

A dentist shall not be entitled to have his name included in the dental list prepared by any Health Board if he has previously withdrawn his name from that or any other dental list or any list prepared pursuant to section 36(1)(a) of the National Health Service Act 19773 in the circumstances where the Secretary of State has certified for the purposes of regulation 10(4) of the National Health Service (Superannuation) (Scotland) Regulations 19804 or, as the case may be, regulation 8(7) of the National Health Service (Superannuation) Regulations 19805 that, in the interests of the efficiency of general dental services, he should cease to provide such services.

Amendment of regulation 26 of the principal Regulations4

In regulation 26(1) of the principal Regulations (statement of dental remuneration) after determination VII (postgraduate education allowances) there is added the following determination:—

  • VIII Reimbursement of non-domestic rates.

Amendment of regulation 27 of the principal Regulations5

In regulation 27 of the principal Regulations (approval of payments), for the words “and VII” in paragraph (1C) there are substituted the words “, VII and VIII”.

Amendment of Schedule 1 to the principal Regulations6

In paragraph 37(10) of Schedule 1 to the principal Regulations (deputies and assistants), the words “or section 8(2) of the Health and Medicines Act 19886” are omitted.

Amendment of the National Health Service (Dental Charges) (Scotland) Regulations 19897

1

The National Health Service (Dental Charges) (Scotland) Regulations 19897 shall be amended in accordance with the following paragraphs of this regulation.

2

In regulation 4 (calculation of charges)—

a

in paragraph (4) after the words “Health Board”—

i

in the first place where they occur there are inserted the words “or NHS trust”; and

ii

in the second place where they occur there are inserted the words “,NHS trust”; and

b

in paragraph (5) for “£150” in each place where it occurs there is substituted “£200”.

3

In regulation 5 (conditions for exemption under the Act)—

a

in paragraph (1)(b) after the words “Secretary of State” there are inserted the words “or an NHS trust”; and

b

in paragraph (4) after the words “Secretary of State” there are inserted the words “, the NHS trust”.

4

In regulation 6(1) (making and recovery of charges) for the words “or Health Board” there are substituted the words “, Health Board or NHS trust”.

5

In regulation 8(1) (charges for more expensive supplies and repairs) —

a

after the words “Secretary of State” there are inserted the words “or NHS trust”; and

b

for the words “he may” there are substituted the words “he or, as the case may be, the trust may”.

Michael B. ForsythMinister of State, Scottish OfficeSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations amend—

a

the National Health Service (General Dental Services) (Scotland) Regulations 1974 (“the 1974 Regulations”), which provide for the arrangements under which dentists provide general dental services as part of the National Health Service in Scotland; and

b

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 in Scotland, and for other dental treatment provided as part of NHS general dental services.

A new regulation 4A is inserted into the 1974 Regulations to remove the right of a dentist to be included in a dental list where the Secretary of State has certified for the purpose of NHS Superannuation Regulations that in the interests of the efficiency of general dental services the dentist should cease to provide such services (regulation 3). Regulation 4 adds a reference in regulation 26 of the 1974 Regulations to a new Determination VIII (governing the reimbursement of dentists' non-domestic rates) in the Statement of Dental Remuneration published under that regulation.

The 1989 Regulations are amended by these Regulations, principally in consequence of the coming into force of powers enabling provision of NHS services from 1st April 1991 by NHS trusts under the National Health Service (Scotland) Act 1978 (as amended by the National Health Service and Community Care Act 1990) (regulation 7(2)(a), (3), (4) and (5)). Regulation 7(2)(b) amends regulation 4(5) of the 1989 regulations to increase from £150 to £200 the maximum contribution which a patient may be required to make towards the cost of his treatment under general dental services.