Calculation of charges
4.—(1) Subject to paragraphs (4) and (5), the amount of the charge which may be made and recovered–
(a)under section 78(1A) of the Act for the supply of an appliance described in regulation 2(1);
(b)under section 79(1) of the Act for the provision of services other than those described in regulation 3(2),
is 75% of the Statement remuneration (rounded down, where necessary, to the nearest whole penny), being an amount not exceeding that which the Secretary of State considers to be the cost to the health service (within the meaning of section 79A(5) of the Act) of the supply or provision.
(2) In these Regulations “Statement remuneration” means–
(a)in relation to the supply (whether or not as part of general dental services) of an appliance described in regulation 2(1), the remuneration provided for by the Statement of Dental Remuneration as that payable to a dental practitioner for the supply of an appliance of that type;
(b)in relation to other services provided in pursuance of a contract or arrangement for the provision of general dental services, the total amount provided for by that Statement as that payable to the dental practitioner for the provision of those services under that contract or arrangement.
(3) For the purposes of paragraph (2), where the Statement remuneration for any service is a fee of such amount as the Board may in its discretion approve, whether or not subject to a maximum, the amount is–
(a)if the Board has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal(1);
(b)if the Board has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.
(4) Where a dental practitioner–
(a)has, under a contract or arrangement for the provision of general dental services, begun to provide for a patient services which include the supply of an appliance described in regulation 2(1); and
(b)has referred that patient, for the supply of that appliance otherwise than as part of general dental services, to a health authority or to a person or body pursuant to arrangements made under section 23 of the Act,
the amount of the charge for that supply shall be calculated in accordance with Schedule 1, and the dental practitioner shall provide the health authority or other person or body with a written statement of the amounts mentioned in sub-paragraphs (a) and (b) of paragraph 1 of that Schedule.
(5) The amount of the charges payable under sections 78 and 79 of the Act in respect of all dental appliances supplied and other services provided in pursuance of any one contract or arrangement for the provision of general dental services shall not exceed £150 in the aggregate; and £150 is the sum prescribed for the purposes of paragraph 3(3) of Schedule 12 to the Act.
See S.I. 1974/455, regulation 21; the relevant amending instrument is S.I. 1987/445.