The National Health Service (General Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1990

Amendment of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974

18.—(1) The National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974(1) are amended in accordance with the following paragraphs of this regul ation.

(2) In regulation 2(1) (interpretation)—

(a) the definition of “estimate” is omitted;

(b) in the definition of “the terms of service” the words “Parts I, II and III of” are omitted;

(c) in the definition of “treatment” for the words “has the same meaning as in the General Dental Regulations” there are substituted the following words:—

• “means—

  (a)

  except in the context mentioned in sub-paragraph (b) of this definition—

  (i)

  where at the material time the dentist is providing occasional treatment under the General Dental Regulations, treatment within the meaning of those Regula tions;

  (ii)

  in any other case, care and treatment within the meaning of those Regulations;

  (b)

  in the context of the description of treatment specified under regulation 9(1)(e), treatment within the meaning of the General Dental Regulations other than—

  (i)

  one examination in the course of any single consultation;

  (ii)

  treatment in an emergency within the meaning of those Regulations;

  (iii)

  two radiographs, each of a size not exceeding 16 centimetres square, in the course of any single consultation; and

  (iv)

  treatment for which a dentist is remunerated in accordance with Section X (treatment under capitation) of Determination I of the Statement of Dental Remuneration dated 28th August 1990 and for which he receives no remuner ation other than a capitation payment;”.

(3) In regulation 9 (action by the Board), in paragraph (1)(e) for the words from “, in respect of any” to the end of the sub-paragraph there are substituted the words “to submit to the Scottish Dental Practice Board for prior approval estimates in respect of any description of treatment specified by the Board.”.

(4) In regulation 13 (procedure on withholding money), in paragraph (4) for the words from “failure to complete” to “skill” there are substituted the words “failure to employ a proper degree of skill and attention”.

(5) In regulation 19 (appeal from Scottish Dental Practice Board)—

(a) after paragraph (1) there is inserted the following paragraph:—

“(1A) Any dental practitioner who is aggrieved by a decision of the Board under regulation 12A of the General Dental Regulations (prior approval—patterns of treatment) may, in accordance with paragraphs (2) and (3), appeal against the decision—

(a) where the name of the dental practitioner is included in the dental list of only one Health Board, to that Health Board;

(b) where the name of the dentist is included in the dental list of more than one Health Board, to any such Health Board.”;

(b) in paragraph (5)—

(i) in sub-paragraph (b) for the words from “on the ground” to “the estimate” there are substituted the words “or a claim for remuneration on the ground that the services to which the estimate or claim”;

(ii) in sub-paragraph (d) for the words from “appoint” to “the appeal” there are substituted the following words:—

“appoint—

(i) where the appeal is made under paragraph (1A), three dentists;

(ii) in any other case, two dentists,

as referees to determine the appeal”.

(6) Regulation 20 (investigation of excessive dental treatment) is hereby revoked.

(1)

S.I. 1974/504, amended by S.I. 1974/1031 and 1988/878