1998 No. 2224
The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of powers conferred on him by sections 15(1)(b), 15(1ZA), 35(1), 36(1), 41, 43, 77 and 126(4) of the National Health Service Act 19771 and sections 2, 25(1) and (2), 27, 28 and 105(7) of the National Health Service (Scotland) Act 19782 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation and commencement1
These Regulations may be cited as the National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 and shall come into force on 1st October 1998.
Prescribed function of Health Authorities and Health Boards2
For the purposes of section 15(1ZA) of the National Health Service Act 19773 (“the 1977 Act”) and section 2 of the National Health Service (Scotland) Act 19784 (“the 1978 Act”) it shall be a prescribed function of each Health Authority and Health Board which is a party to a pilot scheme under section 1(1) of the National Health Service (Primary Care) Act 19975 (“the 1997 Act”) to establish and operate, in accordance with directions given by the Secretary of State under section 9(2) of the 1997 Act and section 17 of the 1977 Act or, as the case may be, section 10(2) of the 1997 Act and section 2 of the 1978 Act, procedures for dealing with complaints about the provision of personal dental services under such a pilot scheme.
Amendment of the National Health Service (General Dental Services) Regulations 19923
1
The National Health Service (General Dental Services) Regulations 19926 are amended as follows.
2
In regulation 5A (applications for vocational training numbers)7, in paragraph (3)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.
3
In regulation 8 (removal from a dental list), in paragraph (5)—
a
omit “or” at the end of sub-paragraph (iii)8; and
b
at the end of sub-paragraph (iv) add—
; or
v
the dentist was performing personal dental services in connection with a pilot scheme.
4
In regulation 20 (approval of payments), after paragraph (6) add—
7
Where the Board has made a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not make any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental services under that pilot scheme.
5
In Schedule 1 (terms of service for dentists)—
a
in paragraph 7 (repair or replacement of restorations), after “transferred,” insert “has provided by way of personal dental services in connection with a pilot scheme or”;
b
in each of paragraph 12 (referral to another dentist or to a hospital or other service) and paragraph 18 (referral for occasional treatment), in sub-paragraph (1), after “general dental services” insert “or personal dental services”; and
c
in paragraph 14 (inability of dentist to complete care and treatment), after “control,” insert “or to his taking up the performance of personal dental services in connection with a pilot scheme”.
Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 19964
1
The National Health Service (General Dental Services) (Scotland) Regulations 19969 are amended as follows.
2
In regulation 6 (applications for vocational training numbers), in paragraph (3)(d), after “Crown” insert “, or has performed personal dental services in connection with a pilot scheme,”.
3
In regulation 11 (removal from dental list), in paragraph (5)—
a
omit “or” at the end of sub-paragraph (c); and
b
at the end of sub-paragraph (d) add—
, or
e
the dentist was performing personal dental services in connection with a pilot scheme.
4
In regulation 23 (approval of payments), after paragraph (6) add—
7
Where the Board has authorised a payment to a pilot scheme provider for providing personal dental services to a patient, it shall not authorise any payment under these Regulations in relation to the same patient to the same pilot scheme provider, or to any dentist performing personal dental services in connection with that pilot scheme, unless the patient has been referred under these Regulations for treatment by way of personal dental services under that pilot scheme.
5
In Schedule 1 (terms of service for dentists)—
a
in paragraph 7(1) (repair or replacement of restorations), after “transferred,” insert “has provided by way of personal dental services in connection with a pilot scheme or”;
b
in each of paragraph 12 (referral to another dentist or to a hospital or other service) and paragraph 18 (referral for occasional treatment), in sub-paragraph (1), after “general dental services” insert “or personal dental services”; and
c
in paragraph 14 (inability of dentist to complete care and treatment), after “control”, insert “or to his taking up the performance of personal dental services in connection with a pilot scheme”.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 19895
In the National Health Service (Charges for Drugs and Appliances) Regulations 198910, in the definition of “prescription form” in regulation 2(1) (interpretation), after sub-paragraph (d) add—
e
a dentist performing personal dental services in connection with a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997,
Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 19896
In the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 198911, in the definition of “prescription form” in regulation 2(1) (interpretation), after “service” insert “, or a dentist performing personal dental services in accordance with a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997,”.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 19927
In the National Health Service (Pharmaceutical Services) Regulations 199212, after regulation 2(1B) (interpretation), add—
1C
In these Regulations the term “pharmaceutical services” includes the provision to persons who are in a Health Authority’s area of listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance by him of the performance of personal dental services within the meaning of section 1(8) of the 1997 Act.
Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 19958
In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 199513, in regulation 2(1) (interpretation and application), in the definition of “pharmaceutical services” at the end, add—
and includes the provision to persons who are in a Board’s area of listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance by him of the performance of personal dental services within the meaning of section 1(8) of the National Health Service (Primary Care) Act 1997.
(This note is not part of the Regulations)