PART 4 Miscellaneous amendments of the National Health Service (Dental Charges) Regulations 2005

44 Amendment of regulation 2
1 Regulation 2 (interpretation) is amended as follows.
2 In paragraph (1)—
(a) after the definition of “the Act” insert—

““the 2006 Act” means the National Health Service Act 2006;
“the 2012 Act” means the Health and Social Care Act 2012;”

;
2006 c.41.
2012 c.7.
(b) after the definition of “the 2012 Act” insert ““the Board” means the National Health Service Commissioning Board;”;
(c) after the definition of “bridge” insert—

““Capitation and Quality Scheme 2” means the scheme of that name, introduced by the Secretary of State on 1st April 2013, following the termination of the Capitation and Quality Scheme on 31st March 2013, that the Secretary of State has developed to assist in continuing to promote and secure improvement in the provision of dental services in accordance with the 2006 Act;”;
“Capitation and Quality Scheme 2 Agreement” means an Agreement which forms a temporary part of a GDS contract or a PDS agreement and which is entered into as part of the Capitation and Quality Scheme 2 and in accordance with Directions made under section 114A of the 2006 Act;”

;
(d) in the definition of “course of treatment”—
(i) in paragraph (a), before “an examination of a patient”, insert “subject to paragraph (c)”; and
(ii) after (b) insert—

“(c) but where the course of treatment is an interim care course of treatment provided under a Capitation and Quality Scheme 2 Agreement in the context of regulation 13A, it does not include the treatment mentioned in paragraph (a);”

;
(e) after the definition of “dental public health services” insert—

““GDS Contract” is a contract within the meaning of section 100 of the 2006 Act (general dental services contracts: introductory);”

;
Section 100 is amended by section 55(1) of, and paragraph 43 of Schedule 4 to, the 2012 Act.
(f) in the definition of “patient record” for “a Primary Care Trust” substitute “the Board”;
(g) after the definition of “patient record” insert—

““Primary Care Trust” means the body which until the date section 34 (abolition of Primary Care Trusts) of the 2012 Act comes into force, was—
(a) where the Primary Care Trust was a party to the GDS contract or the PDS agreement, that Primary Care Trust;
(b) where the Primary Care Trust was providing primary dental services under section 99(2) of the 2006 Act, the Primary Care Trust in whose area those services were provided; or
Section 99(2) of the 2006 Act is being repealed also on the date that section 34 comes into force, by section 55(1) of, and paragraphs (1) and (3) of Schedule 4 to, the 2012 Act.
(c) where the Primary Care Trust, NHS Trust, or NHS foundation trust supplied dental appliances other than as part of relevant primary dental services, that Primary Care Trust, or the Primary Care Trust in whose area all or most of the hospitals, establishments and facilities of the NHS Trust or NHS foundation trust, were situated;”

(h) after the definition of “Primary Care Trust” insert—

““PDS Agreement means an agreement within the meaning of section 107 of the 2006 Act;”

;
Section 107 is amended by section 55(1) of, and paragraphs 48(1) to (5) of, Schedule 4 to, the 2012 Act.
(i) in the definition of “prisoner” for “by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services etc)” substitute “under arrangements made by the Board”;
(j) omit the definition of “relevant Primary Care Trust”;
(k) in the definition of “relevant primary dental services”—
(i) for sub-paragraph (i), substitute “(i) under section 56(2) of the National Health Service (Wales) Act 2006 provided by a Local Health Board”, and
(ii) for sub-paragraph (iii), substitute “(iii) under arrangements made under section 107 of the 2006 Act”; and
3 for paragraph (2), substitute—

“A reference to the Secretary of State includes a reference to a Special Health Authority or the Board exercising functions on the Secretary of State’s behalf.”

.