The National Health Service (Dental Charges) (Scotland) Regulations 2003

Regulation 4(4)

SCHEDULE 1 CALCULATION OF CHARGE FOR SUPPLY OF APPLIANCE ON REFERRAL

1.  There shall first be taken an amount (“£a”) which is the greater of the following:–

(a) the amount of the charges payable under regulations 2(1) and 3(1) which have been paid to the dental practitioner by the patient in respect of services provided under the contract or arrangement; or

(b) the amount of the charges payable under those regulations, including any amount already paid, which would be payable to the dental practitioner by the patient in respect of those services if no charge fell to be made in respect of the supply of the appliance.

2.  Then £a shall be compared with the full amount of the charges payable to the dental practitioner by the patient in respect of services provided under the contract or arrangement ("£b") and–

(a) if £a equals or exceeds £b, there is no charge for the supply of the appliance;

(b) if £a is less than £b, the charge for the supply of the appliance is the lesser of–

(i) £b minus £a, or

(ii) 80% of the Statement remuneration for the supply of the appliance.

Regulation 5(5)

SCHEDULE 2 EXEMPTIONS – CATEGORIES AND EVIDENCE

Column (1)	Column (2)
Category	Evidence
1.  Under18 years of age.	1.  The person’s birth certificate
2.  Under 19 years of age and receiving qualifying full time education (within the meaning of paragraph 7 of Schedule 11 to the Act)(1).	2.  The person’s birth certificate and a document signed by the principal or other appropriate officer of the recognised educational establishment, or by or on behalf of the person providing instruction by other comparable means, to the effect that the person is receiving full-time instruction at the establishment or by other comparable means.
3.  Expectant mother.	3.  A certificate, signed by a medical practitioner, as to the pregnancy.
4.  Having borne a child in the previous 12 months.	4.  The child’s birth certificate.

Regulation 9(1)

SCHEDULE 3 MANNER OF DETERMINING CHARGE FOR REPLACEMENT

1.  Where the Board, on considering an estimate submitted for the approval of a free replacement of a dental appliance supplied as part of general dental services, considers that there are grounds for believing that the replacement is necessitated by such an act or omission as is referred to in regulation 9(1), it may refer the matter to the Health Board for investigation.

2.  The Health Board shall make such inquiry into any matter referred to it under paragraph 1 or, in the case of services provided under a pilot scheme, any such matter coming to its attention as it thinks fit and if either–

(a) in its opinion the circumstances so require; or

(b) the person supplied or (if he is under 16 years of age) the person in charge of the person supplied so requires,

the inquiry shall take the form of an oral hearing by a sub committee of the Health Board appointed for the purpose which shall report to the Health Board on the matter.

3.  The Health Board, having considered any report made by its sub-committee under paragraph 2–

(a) shall determine whether the replacement is necessitated by an act or omission on the part of the person supplied or (if the act or omission occurred when the person supplied was under 16 years of age) of the person supplied or of the person having charge of the person supplied when the act or omission occurred; and

(b) if it is so necessitated, shall determine in accordance with regulation 9(2) and (3), the amount of the charge to be made and recovered.

4.  The Health Board shall communicate its determination to–

(a) the relevant person (within the meaning of regulation 9(4));

(b) the dental practitioner replacing the appliance; and

(c) the Board.

Regulation 14

SCHEDULE 4 REVOCATIONS

Column (1)	Column (2)	Column (3)
Regulations revoked	References	Extent of revocation
The National Health Service (Dental Charges) (Scotland) Regulations 1989	S.I. 1989/363	The whole Regulations
The National Health Service (General Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1990	S.I. 1990/1772	Regulation 17
The National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1991	S.I. 1991/569	Regulation 7
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 1992	S.I. 1992/458	The whole Regulations
The National Health Service (Dental Services)(Miscellaneous Amendments) (Scotland) Regulations 1993	S.I. 1993/523	Regulation 4
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 1994	S.I. 1994/636	The whole Regulations
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 1995	S.I. 1995/703	The whole Regulations
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 1996	S.I. 1996/472	The whole Regulations
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 1997	S.I. 1997/585	The whole Regulations
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 1998	S.I. 1998/610	The whole Regulations
The National Health Service (Dental Charges) (Scotland) Amendment (No. 2) Regulations 1998	S.I. 1998/2258	The whole Regulations
The National Health Service (Dental Services)(Miscellaneous Amendments) (Scotland) Regulations 1999	S.I. 1999/724	Regulations 15, 16 and 17
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2000	S.S.I. 2000/44	The whole Regulations
The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2001	S.S.I. 2001/69	The whole Regulations
The National Health Service (General Dental Services and Dental Charges) (Scotland) Amendment Regulations 2002	S.S.I. 2002/99	Regulation 3

(1)

Paragraph 7 of Schedule 11 was inserted by the Health Services Act 1980 (c. 563), Schedule 5, paragraph 8.