Search Legislation

Health and Social Care (Community Health and Standards) Act 2003

Changes over time for: Cross Heading: Dental services: miscellaneous

 Help about opening options

Version Superseded: 01/03/2007

Status:

Point in time view as at 01/04/2006.

Changes to legislation:

There are currently no known outstanding effects for the Health and Social Care (Community Health and Standards) Act 2003, Cross Heading: Dental services: miscellaneous. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Dental services: miscellaneousE+W

181Abolition of Dental Practice BoardE+W

The Dental Practice Board is abolished.

Commencement Information

I1S. 181 in force at 1.4.2006 by S.I. 2005/2925, art. 9

182Special Health AuthoritiesE+W

(1)In section 16B of the 1977 Act (exercise of functions by Primary Care Trusts), at the end insert—

(4)The Secretary of State may by order make provision for the transfer to a Special Health Authority of the rights and liabilities of a Primary Care Trust under a general dental services contract in a case where the Authority exercises functions of the Trust in relation to the contract by virtue of subsection (2)(b) above (and for their transfer back to the Trust where the Authority ceases to exercise those functions)..

(2)In section 16BC of that Act (exercise of functions by Local Health Boards), at the end insert—

(4)The Assembly may by order make provision for the transfer to a Special Health Authority of the rights and liabilities of a Local Health Board under a general dental services contract in a case where the Authority exercises functions of the Board in relation to the contract by virtue of subsection (2)(b) above (and for their transfer back to the Board where the Authority ceases to exercise those functions)..

Commencement Information

I2S. 182 partly in force; s. 182 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I3S. 182(1) in force at 1.12.2005 for E. by S.I. 2005/2925, art. 5(1)(d)

I4S. 182(2) in force at 15.2.2006 for W. by S.I. 2006/345, art. 3(1)(c)

183Charges for dental servicesE+W

(1)In the 1977 Act, for sections 78A to 79A substitute—

79Dental charging

(1)Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for relevant dental services.

(2)Regulations under subsection (1) may in particular include provision—

(a)specifying the amount, or maximum amount, of any charge (or aggregate charge in respect of the provision for two or more relevant dental services);

(b)for calculating the amount of any charge;

(c)for the variation of the amount, or maximum amount, of any charge in cases of a prescribed description;

(d)for any charge not to be payable in cases of a prescribed description;

(e)for power to direct that a charge is not payable in any particular case;

(f)for the repayment of any charge (including provision as to the persons by whom, and manner in which, repayments are to be made).

(3)Regulations under subsection (1) may provide for sums which would otherwise be payable by a Primary Care Trust, Local Health Board or Special Health Authority to persons providing relevant dental services to be reduced by the amount of the charges authorised by the regulations.

(4)This section is subject to Schedule 12ZA.

(5)In this section and Schedule 12ZA “relevant dental services” means—

(a)dental treatment provided—

(i)under section 16CA(2) above (dental services provided by a Primary Care Trust or Local Health Board);

(ii)under a general dental services contract;

(iii)in accordance with section 28C arrangements; and

(b)the supply of dentures and other dental appliances under this Act.

(6)Any reference in this section or Schedule 12ZA to the supply of an appliance includes a reference to its repair, adjustment, refitting or replacement and, in the case of dentures, to their being relined or having additions made to them.

(2)After Schedule 12 to that Act insert—

SCHEDULE 12ZAE+WDental charging: exemptions
General exemptionsE+W

1(1)No charge is to be made under regulations under section 79(1) in respect of a relevant dental service provided for any person who at the prescribed time—

(a)was under 18;

(b)was under 19 and receiving qualifying full-time education;

(c)was pregnant; or

(d)had given birth to a child within the previous 12 months.

(2)In sub-paragraph (1)(b), “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the person or body making the regulations.

(3)For the purposes of sub-paragraph (2)—

(a)recognised educational establishment” means an establishment recognised by the person or body making the regulations as being, or as comparable to, a school, college or university; and

(b)regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

(4)In sub-paragraph (1)(d), “child” includes a still-born child (within the meaning of the Births and Deaths Registration Act 1953).

(5)This paragraph is subject to paragraph 3.

Repair and replacementE+W

2(1)No charge is to be made under regulations under section 79(1) in respect of the repair or replacement of any appliance.

(2)This paragraph is subject to paragraph 3.

Exceptions to paragraphs 1 and 2E+W

3Paragraphs 1 and 2 do not apply in relation to—

(a)the repair or replacement of any appliance of a prescribed description; or

(b)the repair or replacement of any appliance where it is determined in the prescribed manner—

(i)in any case, that the repair or replacement was necessitated by an act or omission of the person supplied; or

(ii)in a case where the person supplied was under the age of 16, that the repair or replacement was necessitated by an act or omission, occurring while that person was under that age, of a person having charge of him.

Hospital patientsE+W

4No charge is to be made under regulations under section 79(1) in respect of any appliance supplied to a patient for the time being resident in a hospital.

Hospital patientsE+W

5Paragraph 4 does not apply where an appliance is supplied—

(a)under section 16CA(2) above;

(b)under a general dental services contract; or

(c)in accordance with section 28C arrangements.

Arrest of bleedingE+W

6No charge is to be made under regulations under section 79(1) in respect of the arrest of bleeding.

Declarations and evidenceE+W

7Regulations may provide, with respect to any exemption under this Schedule, that it is to be a condition of the exemption that—

(a)a declaration of the prescribed kind is made in the prescribed form and manner; or

(b)a certificate or other evidence of the prescribed kind is supplied in the prescribed form and manner.

(3)In section 126 of that Act—

(a)in subsection (1), after “PCT order” insert “ or an instrument to which subsection (1A) applies ”;

(b)after subsection (1) insert—

(1A)The Secretary of State may not make a statutory instrument containing the first regulations made under section 79(1) above (as substituted by the Health and Social Care (Community Health and Standards) Act 2003) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4)In respect of any period after the coming into force of this section but before the coming into force of section 178, section 79(5)(b) of the 1977 Act (as inserted by subsection (1) above) shall have effect as if it included a reference to the supply of dentures and other dental appliances in accordance with a pilot scheme under Part 1 of the National Health Service (Primary Care) Act 1997 (c. 46).

Commencement Information

I5S. 183 partly in force; s. 183 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I6S. 183 in force at 1.11.2005 for specified purposes for E. by S.I. 2005/2925, art. 7(1)

I7S. 183 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 5(1)

I8S. 183 in force at 1.4.2006 for W. in so far as not already in force by S.I. 2006/345, art. 5(2)

I9S. 183 in force at 1.4.2006 for E. so far as not already in force by S.I. 2005/2925, art. 7(2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources