General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 382

HEALTH AND PERSONAL SOCIAL SERVICES

General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 1996

Made

14th August 1996

Coming into operation

1st September 1996

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 61(1), (2) and (2AA), 106 and 107(6) of, and paragraph 8E of Part 1 of Schedule 11 to, the Health and Personal Social Services (Northern Ireland) Order 1972(1) and of all other powers enabling it in that behalf, and in conjunction with the Department of Finance and Personnel and after consultation with such organisations as appeared to the Department to be representative of the dental profession as required by Article 61(4) of the Order, hereby makes the following regulations:

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the General Dental Services (Amendment No. 2) Regulations (Northern Ireland) 1996 and shall come into operation on 1st September 1996.

(2) In these regulations, “the principal regulations” means the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993(2).

Amendment of Schedule 2 to the principal regulations

2.—(1) Schedule 2 to the principal regulations (terms of service for dentists) shall be amended as follows.

(2) In paragraph 4 (a continuing care arrangement), in sub-paragraph (3), after “sub-paragraph (2)(c)” there shall be inserted “(and also in paragraph 5(2)(c))”.

(3) In paragraph 5 (a capitation arrangement), for head (c) of sub-paragraph (2) there shall be substituted—

“(c) the care and treatment which is to be provided includes any of the items of treatment mentioned in paragraph 4(3).”.

(4) In paragraph 8 (duration and extension of a continuing care arrangement), for sub-paragraph (1) there shall be substituted—

“(1) A continuing care arrangement shall lapse at the end of the 16th month beginning with the month in which—

(a) the patient was first accepted by the dentist under the continuing care arrangement; or

(b) it was extended, or was last extended, in accordance with sub-paragraph (3).”.

(5) In paragraph 9 (duration and extension of a capitation arrangement)—

(a) for sub-paragraph (1), there shall be substituted—

“(1) A capitation arrangement shall lapse at the end of the 16th month beginning with the month in which—

(a) the patient was first accepted by the dentist under the capitation arrangement; or

(b) it was extended, or was last extended, in accordance with sub-paragraph (3).”; and

(b) in sub-paragraph (3), the words “, but the arrangement may not be extended more than once in the same calendar year” shall be omitted.

Existing arrangements

3.  A continuing care arrangement or a capitation arrangement entered into before 1st September 1996 but still current on that date shall continue to have effect as if regulation 2(4) and 2(5) had not come into operation, until such time as the arrangement lapses, is terminated or is extended.

Sealed with the Official Seal of the Department of Health and Social Services on 14th August 1996.

L.S.

Joan Dixon

Assistant Secretary

Sealed with the Official Seal of the Department of Finance and Personnel on 14th August 1996.

L.S.

D. Thomson

Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)

These regulations further amend the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 (“the principal regulations”). They reduce from 2 years to 15 months the period of all continuing care arrangements starting or extended on or after 1st September 1996. They also provide for the period of capitation arrangements, starting or extended on or after 1st September 1996, to be 15 months.

Regulation 2(3) makes provision, equivalent to that relating to continuing care arrangements, that the dentist shall provide a new treatment plan if during the currency of a current capitation arrangement the care and treatment given to a patient includes a specified item of treatment.

(1)

S.I. 1972/1265 (N.I. 14) as amended by Article 13 of S.I. 1978/1907 (N.I. 26); Articles 30, 34 and 35 and Part I of Schedule 5 to, and Part 1 of Schedule 6 to, S.I. 1991/194 (N.I. 1); paragraph 8E of Part I of Schedule 11 was inserted by Article 4 of S.I. 1995/2704 (N.I. 14)

(2)

S.R. 1993 No. 326 as amended by S.R. 1993 No. 401, S.R. 1995 No. 488 and S.R. 1996 No. 114