The National Health Service (Dental Charges) Amendment Regulations 2005

Statutory Instruments

2005 No. 576

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Dental Charges) Amendment Regulations 2005

Made

9th March 2005

Laid before Parliament

10th March 2005

Coming into force

1st April 2005

The Secretary of State for Health, in exercise of the powers conferred on him by sections 79A(1) and 126(4) of, and paragraph 3(2) and (3) of Schedule 12 to, the National Health Service Act 1977(1) and section 20(5) of the National Health Service (Primary Care) Act 1997(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2005 and shall come into force on 1^st April 2005.

(2) These Regulations apply in relation to England.

(3) In these Regulations, the “Dental Charges Regulations” means the National Health Service (Dental Charges) Regulations 1989(3).

Amendment of the Dental Charges Regulations to increase charges

2.  In regulation 4 of the Dental Charges Regulations (calculation of charges)(4), in paragraph (5), for “£378” in both places where it occurs, there is substituted “£384”.

Transitional provision

3.  Where, on or after 1^st April 2005, 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 Dental Charges Regulations shall have effect in respect of that supply or other provision as if these Regulations had not come into force.

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State,

Department of Health

9th March 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Dental Charges) Regulations 1989.

Regulation 2 increases from £378 to £384 the maximum charge payable by the patient for dental treatment and appliances, where the contract or arrangement leading to the provision of such treatment or appliances is made on or after 1^st April 2005.

(1)

1977 (c. 49). Section 79A was inserted by section 11(3) of the Health and Medicines Act 1988 (c. 49); section 126(4) has been amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19), section 65(1) of, and paragraphs 4 and 37 of Schedule 4 to, the Health Act 1999 (c. 8)(“the 1999 Act”), section 67(1) of, and paragraph 5 and 13 of Part 1 of Schedule 5 to, the Health and Social Care Act 2001 (c. 15), sections 6(3)(c) and 37(1) of the NHS Reform and Health Care Professions Act 2002(c. 17) and sections 184 and 196 of, and paragraphs 7 and 38 of Schedule 11 to, and Part 4 of Schedule 14 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43). The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act.

(2)

1997(c. 46).

(3)

S.I. 1989/394.

(4)

Regulation 4 has been amended by S.I. 1991/581, S.I. 1992/369, S.I. 1993/419, S.I. 1994/530, S.I. 1995/444, S.I. 1996/389, S.I. 1997/558, S.I. 1998/490, S.I. 1998/2221, S.I. 1999/544, S.I. 2000/596, S.I. 2001/707, S.I. 2002/544, S.I. 2002/2353, S.I. 2003/586 and S.I. 2004/1091.