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- Point in Time (01/04/2006)
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Version Superseded: 18/01/2010
Point in time view as at 01/04/2006.
There are currently no known outstanding effects for the The National Health Service (General Dental Services Contracts) Regulations 2005,
PART 1
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1.—(1) These Regulations may be cited as the National Health Service (General Dental Services Contracts) Regulations 2005 and shall come into force on 1st January 2006.
(2) These Regulations apply in relation to England only M1.
Marginal Citations
M1As regards Wales, the functions of the Secretary of State under sections 28L, 28M, 28O, 28P and 126(4) of the Act and section 4 of the 1990 Act were transferred to Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5) and as read with section 40(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”) and section 197(1) of the 2003 Act.
2.—(1) In these Regulations—
“the Act” means the National Health Service Act 1977;
“the 1990 Act” means the National Health Service and Community Care Act 1990;
“additional services” means one or more of—
advanced mandatory services;
dental public health services;
domiciliary services;
orthodontic services; and
sedation services;
“adjudicator” means the Secretary of State or a person or persons appointed by the Secretary of State under section 4(5) of the 1990 Act (NHS contracts) or paragraph 55(4) of Schedule 3 (NHS dispute resolution procedure);
“advanced mandatory services” means any primary dental service that would fall within the services described in regulation 14 (mandatory services), but by virtue of the high level of facilities, experience or expertise required in respect of a particular patient, is provided as a referral service;
“Band 1 course of treatment” means a course of treatment, including a course of treatment consisting of urgent treatment, provided to a patient in respect of which a Band 1 NHS Charge is payable pursuant to the NHS Charges Regulations, or would be payable if the patient was not an exempt person;
“Band 2 course of treatment” means a course of treatment provided to a patient in respect of which a Band 2 NHS Charge is payable pursuant to the NHS Charges Regulations, or would be payable if the patient was not an exempt person;
“Band 3 course of treatment” means a course of treatment provided to a patient in respect of which a Band 3 NHS Charge is payable pursuant to the NHS Charges Regulations, or would be payable if the patient was not an exempt person;
“banded course of treatment” means a Band 1, Band 2 or Band 3 course of treatment;
“bank holiday” means any day that is specified or proclaimed as a bank holiday in England pursuant to section 1 of the Banking and Financial Dealings Act 1971 M2;
“bridge” means a fixed or removable bridge which takes the place of any teeth;
“case assessment”, in respect of an orthodontic course of treatment, means a clinical examination of the patient, including the taking of such radiographs, colour photographs and models as are required in order to determine what orthodontic treatment (if any) is to be provided to the patient;
“charge exempt course of treatment” means a course of treatment that involves the examination and assessment of a patient leading to—
the issue of a prescription;
the repair of a dental appliance;
the arrest of bleeding; or
the removal of sutures,
which, by virtue of regulation 3(2)(d) or (e) of the NHS Charges Regulations, is provided free of charge to the patient;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
“child” means a person who has not attained the age of 16 years;
“complete”, in relation to—
a course of treatment, means that—
where no treatment plan has to be provided in respect of a course of treatment pursuant to paragraph 7(5) of Schedule 3 (treatment plans), all the treatment recommended to, and agreed with, the patient by the contractor at the initial examination and assessment of that patient has been provided to the patient; or
where a treatment plan has to be provided to the patient pursuant to paragraph 7 of Schedule 3, all the treatment specified on that plan by the contractor (or that plan as revised in accordance with paragraph 7(3) of that Schedule) has been provided to the patient; and
an orthodontic course of treatment, means that—
where the contractor determines in accordance with paragraph 4(3) of Schedule 1 (patients to whom orthodontic treatment may be provided) that no orthodontic treatment should be provided following the case assessment, the completion of the case assessment; or
where the contractor has determined that orthodontic treatment should be provided following the case assessment, all of the orthodontic treatment specified on the orthodontic treatment plan by the contractor pursuant to paragraph 6 of Schedule 1 (orthodontic treatment plans) (or that plan as revised in accordance with paragraph 6(3) of that Schedule) has been provided to the patient,
and “completed” shall be construed accordingly;
“contract” means, except where the context otherwise requires, a general dental services contract under section 28K of the Act M3 (general dental services contracts: introductory);
“course of treatment” means—
an examination of a patient, an assessment of his oral health, and the planning of any treatment to be provided to that patient as a result of that examination and assessment; and
the provision of any planned treatment (including any treatment planned at a time other than the time of the initial examination) to that patient,
provided by, except where expressly provided otherwise, one or more providers of primary dental services, but it does not include the provision of any orthodontic services or dental public health services;
“dental appliance” means a denture or bridge and for the purposes of this definition, a denture includes an obturator;
“dental care professional” means a person whose name is included in the register of dental care professionals or on the appropriate roll for dental auxiliaries established in accordance with Part II of the Dental Auxiliaries Regulations 1986 M4;
“dental corporation” means a body corporate carrying on the business of dentistry in accordance with the Dentists Act;
“dental performers list” means a list of dental practitioners prepared in accordance with regulations made under section 28X of the Act M5 (persons performing primary medical and dental services);
“dental public health services” means services provided by the contractor by virtue of section 16CB(4)(c) of the Act M6 (dental public health);
“Dentists Act” means the Dentists Act 1984 M7;
“Dentists Act Order” means the Dentists Act 1984 (Amendment) Order 2005 M8;
“Dentists Register” means the register maintained by the General Dental Council pursuant to section 14 of the Dentists Act M9 (the dentists register and the registrar);
“domiciliary services” means a course of treatment, or part of a course of treatment, provided at a location other than—
the practice premises of any provider of primary dental services;
a mobile surgery of any provider of primary dental services; or
a prison;
“exempt person” means a person who is, by virtue of either Schedule 12ZA to the Act M10 (dental charging: exemptions) or the NHS Charges Regulations, exempt from the need to pay an NHS Charge in respect of the services he has received under the contract;
“family member” means—
a spouse;
a civil partner;
a person whose relationship with the F1... patient has the characteristics of the relationship between husband and wife or civil partners;
a parent or step-parent;
a son;
a daughter;
a child of whom the person is—
the guardian; or
the carer duly authorised by the local authority to whose care the child has been committed under the Children Act 1989 M11; or
a grandparent;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the Act M12 (the Family Health Services Appeal Authority);
“financial year” means a period of 12 months ending with 31st March in any year;
“health care professional” has the same meaning as in section 28M of the Act M13 (persons eligible to enter into GDS contracts) and “health care profession” shall be construed accordingly;
“health service body” has, unless the context otherwise requires, the meaning given to it in section 4(2) of the 1990 Act M14 (NHS contracts);
“licensing body” means any body that licenses or regulates any profession;
“listed”, in relation to drugs, medicines or appliances, means such drugs, medicines or appliances as are included in a list for the time being approved by the Secretary of State for the purposes of section 41(1)(c) of the Act M15 (arrangements for pharmaceutical services);
“mandatory services” means the services described in regulation 14;
“mobile surgery”, except where expressly provided otherwise in these Regulations, means any vehicle in which services under the contract are to be provided;
“national disqualification” means—
a decision made by the FHSAA under section 49N or under regulations corresponding to that section made under section 28X(4) of the Act M16 (national disqualifications);
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act; or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 M17 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 M18;
“NHS Charge” means a charge made to the patient for provision of services pursuant to the NHS Charges Regulations;
“NHS Charges Regulations” means the National Health Service (Dental Charges) Regulations 2005 M19;
“NHS contract” has the meaning assigned to it in section 4(1) of the 1990 Act;
“NHS dispute resolution procedure” means the procedure for disputes specified in paragraphs 55 and 56 of Schedule 3;
“NHS Tribunal” means the Tribunal constituted under section 46 of the Act M20 for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales only until 26th August 2002 M21;
“normal surgery hours” means the times at which the contractor has agreed with the Primary Care Trust (and specified in the contract) that the surgery will be open to patients for the provision of services;
“NPSA” means the National Patient Safety Agency established as a Special Health Authority by the National Patient Safety Agency (Establishment and Constitution) Order 2001 M22;
“orthodontic appliance” means a device used in the mouth to move or immobilise the teeth in order to correct or prevent malocclusion;
“orthodontic course of treatment” means—
a case assessment of a patient; and
the provision of any orthodontic treatment that the contractor determines should be provided to the patient in accordance with Part 2 of Schedule 1 (orthodontic services);
“orthodontic services” means the provision of orthodontic courses of treatment or the services referred to in paragraph 5(2) of Schedule 1 (repairs);
“orthodontic treatment” means treatment of, or treatment to prevent, malocclusion of the teeth and jaws, and irregularities of the teeth;
“parent”, in relation to any child, means a parent or other person who has parental responsibility for that child;
“patient” means, unless the context otherwise requires, a person to whom the contractor is providing services under the contract;
“patient record” means a form supplied by a Primary Care Trust for the purpose of maintaining a record of treatment;
“practice” means the business operated by the contractor for the purpose of delivering services under the contract;
“practice premises”, except where expressly provided otherwise in these Regulations, means an address specified in the contract as one at which services are to be provided under the contract but does not include a mobile surgery;
“prescriber” means a dental practitioner who is either engaged or employed by the contractor or is a party to the contract;
“primary care list” means—
a list of persons performing primary medical or dental services under section 28X of the Act;
a list of persons undertaking to provide general ophthalmic services or, as the case may be, pharmaceutical services prepared in accordance with regulations made under section 39, 42 or 43 of the Act M23;
a list of persons approved for the purposes of assisting in the provision of any services mentioned in paragraph (b) or (d) prepared in accordance with regulations made under section 43D of the Act M24;
a list of persons who undertook to provide general medical services or general dental services prepared in accordance with regulations made under section 29 or 35 of the Act M25;
a services list which fell within the meaning of section 8ZA of the National Health Service (Primary Care) Act 1997 M26;
a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 M27; or
a list corresponding to any of the above lists in Scotland or Northern Ireland;
“Primary Care Trust” means, unless the context otherwise requires, the Primary Care Trust which is a party, or prospective party, to the contract;
“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition—
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 M28 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to detention in a young offender institution as part of a longer custodial sentence, including custody for life;
“private”, in the context of services or treatment, means otherwise than under the contract or Part 1 of the Act, and “privately” shall be construed accordingly;
“professional registration number” means the number against a dental practitioner's name in the Dentists Register;
“referral notice” means the notice referred to in paragraph 9(2)(a) of Schedule 3 (referral to another contractor, a hospital or other relevant service provider for advanced mandatory, domiciliary or sedation services);
“referral service” means one or more of advanced mandatory services, domiciliary services or sedation services provided by the contractor to a patient who has, during a course of treatment, been referred to the contractor by—
another contractor; or
another provider of primary dental services under Part 1 of the Act,
for the provision of one or more of those services as part of that course of treatment;
“referral treatment plan” means a treatment plan provided pursuant to paragraph 2(1) of Schedule 1 or that plan as varied in accordance with paragraph 2(3) of that Schedule;
“register of dental care professionals” means the register maintained by the General Dental Council under section 36B of the Dentists Act M29 (the dental care professionals register);
“relevant Strategic Health Authority” means the Strategic Health Authority established for an area which includes the area for which the Primary Care Trust is established;
“sedation services” means a course of treatment provided to a patient during which the contractor administers one or more drugs to a patient, which produce a state of depression of the central nervous system to enable treatment to be carried out, and during and in respect of that period of sedation—
the drugs and techniques used to provide the sedation are deployed by the contractor in a manner that ensures loss of consciousness is rendered unlikely; and
verbal contact with the patient is maintained in so far as is reasonably possible;
“trauma” means damage to teeth, gingival tissues or alveoli caused by a force arising outside the mouth, resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;
“unit of dental activity” means the unit of activity which is in the contract used to—
express the amount of; and
measure in accordance with Part 1 of Schedule 2 the provision of,
mandatory services and advanced mandatory services provided under the contract;
“unit of orthodontic activity” means the unit of activity which is in the contract used to—
express the amount of; and
measure in accordance with Part 2 of Schedule 2 the provision of,
orthodontic services provided under the contract;
“urgent treatment” means a course of treatment that consists of one or more of the treatments listed in Schedule 4 to the NHS Charges Regulations (urgent treatment under Band 1 charge) that are provided to a person in circumstances where—
a prompt course of treatment is provided because, in the opinion of the contractor, that person's oral health is likely to deteriorate significantly, or the person is in severe pain by reason of his oral condition; and
treatment is provided only to the extent that is necessary to prevent that significant deterioration or address that severe pain; and
“working day” means any day apart from Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.
(2) In these Regulations—
(a)the use of the term it in relation to the contractor shall be deemed to include a reference to a contractor that is an individual dental practitioner or two or more individuals practising in partnership and related expressions shall be construed accordingly; and
(b)references to forms supplied by the Primary Care Trust to contractors includes electronic forms and forms which are generated electronically, but does not include prescription forms.
Textual Amendments
F1Word in reg. 2(1) omitted (1.4.2006) by virtue of The National Health Service (General Dental Services Contracts and Personal Dental Services Agreements) Amendment Regulations 2006 (S.I. 2006/563), regs. 1(1), 3
Marginal Citations
M3Section 28K was inserted into the Act by section 172(1) of the 2003 Act.
M4S.I. 1986/887; relevant amending instruments are S.I. 1999/3460, 2003/3105 and 2002/1671.
M5Section 28X was inserted into the Act by section 179(1) of the 2003 Act.
M6Section 16CB was inserted into the Act by section 171(1) of the 2003 Act.
M71984 (c. 24) amended by section 41(1) of, and Schedule 2 paragraph 62 to, the National Health Service (Primary Care) Act 1997 (c. 46), sections 31 and 37 of, and Schedule 9 to, the 2002 Act, section 187 of, and Schedule 12 to, the 2003 Act and S.I. 1987/2047, 1991/1705, 1996/1496, 1998/811 and 2840, 2001/3926, 2002/3135, 2003/833, 2004/1947 and 2005/2011.
M8S.I. 2005/ 2011.
M9Section 14 of the Dentists Act is prospectively substituted by article 6 of the Dentists Act Order.
M10Schedule 12ZA is inserted into the Act by section 183(2) of the 2003 Act.
M12Section 49S was inserted into the Act by section 27(1) of the 2001 Act.
M13Section 28M was inserted into the Act by section 172(1) of the 2003 Act.
M14Section 4(2) was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 68, the 1999 Act Schedule 4, paragraph 76(a) and Schedule 5, the 2002 Act, Schedule 1, paragraph 40 and Schedule 5, paragraph 31.
M15Section 41 of the Act was substituted by the 2001 Act, section 42(1) and amended by the 2002 Act, section 2(5) and Schedule 3, paragraphs 1 and 13, by the 2003 Act, section 184 and Schedule 11, paragraphs 7 and 18(1), (2) and (3) and by S.I. 2003/1590, article 3 and the Schedule, paragraph 3.
M16Section 49N was inserted into the Act by section 25 of the 2001 Act. Section 28X was inserted by section 179 of the Act.
M17S.I. 2001/3744 amended by S.I. 2002/2469.
M19S.I. 2005/ [ ].
M20Section 46 was revoked by the 2001 Act, section 67, Schedule 5, paragraph 5 and Schedule 6, Part 1.
M21See S.I. 2001/3738, article 2(5) and (6)(b), which sets out the prescribed cases for England and S.I. 2002/1919, article 2(2) and (3)(b), which sets out the prescribed cases for Wales.
M23Section 39 is amended by sections 1 and 2 of, paragraph 52 of Schedule 1 to, the Health Services Act 1980 (c. 53); sections 1 and 24 of, Schedule 9 to, the Health and Social Security Act 1984 (c. 48); section 9 of the 1999 Act; section 20 of the 2001 Act; and section 2 of, paragraphs 1 and 12 of Schedule 2 to, the 2002 Act. Section 42 is amended by section 3 of the National Health Service (Amendment) Act 1986 (c. 66); section 2 of, paragraph 30 of Schedule 1 to, the Health Authorities Act 1995 (c. 17); sections 20, 23, 43 and 67 of, Schedule 6 to, the 2001 Act; and section 2 of, paragraphs 1 and 16 of Schedule 2 to, the 2002 Act. Section 43 is amended by section 21 to the Health Services Act 1980; section 66 of, paragraph 18 of Schedule 9 to, the 1990 Act; section 2 of, paragraph 31 of Schedule 1 to, the Health Authorities Act 1995; sections 29 and 41 of, paragraph 14 of Schedule 2 to, the 1997 Act; section 1 of, paragraph 6 of Schedule 1 to, the Pharmacists (Fitness to Practice) Act 1997 (c. 19); section 20 of the 2001 Act; sections 2 and 42 of, paragraphs 1 and 17 of Schedule 2 to, the 2002 Act; and section 184 of, paragraphs 7 and 19 of Schedule 11 to, the 2003 Act.
M24Section 43D was inserted into the Act by section 24 of the 2001 Act.
M25Sections 29 and 36 were repealed by sections 175(2) and 196 of, and Schedule 14 Part 4 to the 2003 Act.
M261997 c. 46. Section 8ZA was inserted into the Act by section 26(2) of the 2001 Act and repealed by section 196 of, and Schedule 14, Part 4 to the 2003 Act.
M29Section 36B is prospectively inserted into the Dentists Act by the Dentists Act Order, article 29.
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