The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012
Citation and commencement1.
These Regulations may be cited as the National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2012 and come into force on 1st April 2012.
Amendment of the National Health Service (General Dental Services Contracts) Regulations 20052.
(1)
(2)
In regulation 2 (interpretation), after—
(a)
““Care Quality Commission” means the body established by section 1 of the Health and Social Care Act 20083 (The Care Quality Commission);”; and
(b)
““service provider” has the same meaning as in regulation 2 of the Care Quality Commission (Registration) Regulations 20094 (interpretation);”.
(3)
In regulation 14 (mandatory services)—
(a)
at the beginning of paragraph (1), insert “Subject to paragraph (1A),”; and
(b)
“(1A)
The services described in paragraphs (2) to (4) are not required to be provided by the contractor during any period in respect of which the Care Quality Commission has suspended the contractor as a service provider under section 18 of the Health and Social Care Act 2008 (suspension of registration).”.
(4)
In Schedule 3 (other contractual terms), in paragraph 65(2) (termination on the death of an individual dental practitioner), for “three month period”, substitute “6 month period”.
Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 20053.
Amendment of the National Health Service (Dental Charges) Regulations 20054.
(1)
(2)
In regulation 4 (calculation of charges)—
(a)
in paragraph (1), for “£17.00” substitute “£17.50”;
(b)
in paragraph (2), for “£47.00” substitute “£48.00”;
(c)
in paragraph (3), for “£204.00” substitute “£209.00”;
(d)
in paragraph (4), for “£204.00” substitute “£209.00”; and
(e)
in paragraph (5), for “£17.00” substitute “£17.50”.
Amendment of the Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006F15.
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Signed by authority of the Secretary of State for Health.
These Regulations amend the National Health Service (General Dental Services Contracts) Regulations 2005 (“the GDS Contracts Regulations”), the National Health Service (Personal Dental Services Agreements) Regulations 2005 (“the PDS Agreements Regulations”), the National Health Service (Dental Charges) Regulations 2005 (“the Dental Charges Regulations”) and the Functions of Primary Care Trusts and Strategic Health Authorities and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2006 (“the BSA Functions Regulations”).
Regulation 2(3) amends regulation 14 of the GDS Contracts Regulations to ensure that a contractor under its contractual terms is not required to provide mandatory services during any period in respect of which the Care Quality Commission has suspended the contractor as a service provider. Regulation 2(2) makes consequential amendments to insert two new definitions.
Regulation 2(4) amends paragraph 65(2) of Schedule 3 to the GDS Contracts Regulations to provide that a PCT may extend a contract for a further period of six months where there is another contractor who wishes to provide mandatory services which were provided by a deceased dental practitioner. Regulation 3 makes a mirror amendment to the PDS Agreements Regulations. These amendments clarify the policy and correct a drafting error made in S.I. 2011/1182 in respect of both of these provisions.
Regulation 4 amends regulation 4 of the Dental Charges Regulations to increase the applicable charge payable for a Band 1 course of treatment from £17.00 to £17.50, for a Band 2 course of treatment from £47.00 to £48.00 and a Band 3 course of treatment from £204.00 to £209.00.
Regulation 5 amends the BSA Functions Regulations to update references to the functions exercised by the Business Services Authority in relation to the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) and to reflect amendments made by the National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011 (S.I. 2011/2586).