The National Health Service (Choice of Dental Practitioner) (Scotland) Regulations 1998

Procedure for choosing a dentist

2.—(1) Subject to the provisions of this regulation and regulation 3, any person who wishes to receive primary dental services may choose the dentist from whom he is to receive those services (being a dentist who provides general dental services(1) or who performs personal dental services(2) under a pilot scheme).

(2) A dentist may decline an application which is made under paragraph (1).

(3) A dentist who provides general dental services may not–

(a) provide care and treatment under a continuing care arrangement for a person under the age of 18, although such a person may apply to a dentist for treatment under such an arrangement with that dentist to commence from the date he attains the age of 18–

(i) at any time during the month before he attains the age of 18 provided that he is not immediately before that date receiving care and treatment under a capitation arrangement with that dentist, or

(ii) where he is receiving care and treatment under a capitation arrangement with a dentist, at any time after he attains the age of 17;

(b) provide care and treatment under a capitation arrangement for a person who has attained the age of 18;

(c) enter into a capitation arrangement with a person during the month before he attains the age of 18.

(4) An application which is made under paragraph (1) shall be made–

(a) in person by the person wishing to receive primary dental services, or on his behalf in any of the circumstances set out in regulation 3; and

(b) at the dentist’s practice premises, unless the person making the application is unable to attend those premises owing to illness or any other reasonable cause.

(1)

“General dental services” has the meaning given to it in section 25(1) of the 1978 Act.

(2)

“Personal dental services” has the meaning given to it in section 1(8) of the 1997 Act.