The National Health Service (General Dental Services) (Scotland) Regulations 2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/208 |
2010 No. 208
National Health Service
The National Health Service (General Dental Services) (Scotland) Regulations 2010
Made 20th May 2010
Laid before the Scottish Parliament 21th May 2010
Coming into force 2nd July 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 4(1A), (1B) and (1C), 25(1), (2), (2A), (2B), (3) and (5), 28(1), 28A, 28C, 32D, 32E, 34, 105(6) and (7), 106 and 108(1) of the National Health Service (Scotland) Act 19781and of all other powers enabling them to do so. In accordance with section 4(1B) of that Act they have consulted such organisations as appear to them to be representative of persons providing general dental services. In accordance with section 25(3) of that Act they have consulted such organisations as appear to them to be representative of the dental profession.
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Regulations 2010 and come into force on 2nd July 2010.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the National Health Service (Scotland) Act 1978;
“the 1997 Act” means the National Health Service (Primary Care) Act 19972;
“the 1996 Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 19963;
“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act4;
“area” means in relation to a Health Board the area for which the Health Board is constituted;
“area dental committee” means the committee of that name which is recognised by a Health Board in relation to its area under section 9 of the Act5;
“assistant” means (i) any dentist employed as an assistant dentist by a contractor either whole-time or part-time under a contract of service, for the purpose of assisting that contractor with the provision of general dental services or (ii) any dentist undertaking vocational training under the supervision of a salaried dentist and who is employed under a contract of service with a Health Board;
“associateship agreement” means an agreement between dentists or a dentist and a body corporate named in sub-part A of the first part of a dental list—
(a) to which there are 2 parties, who are not parties to a partnership agreement, relating to the provision of general dental services, and
(b) whereby one party is liable to provide, for financial consideration, the use of some or all premises and facilities for the provision of general dental services by the other party;
“body corporate” means a body corporate entitled by virtue of section 43 of the Dentists Act 19846to carry on the business of dentistry;
“capitation arrangement” means an arrangement between a contractor and a patient whereby the contractor provides care and treatment in accordance with paragraph 5 of Schedule 1;
“care and treatment” means all proper and necessary care and treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment and preventative care;
“condition for disqualification” means the first, second or third condition for disqualification in section 29 of the Act7;
“conditional disqualification” has the same meaning as in section 29C(1) of the Act8and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding (whether or not exactly) to a conditional disqualification, and “conditionally disqualified” shall be construed accordingly;
“continuing care arrangement” means an arrangement between a contractor and a patient whereby the contractor provides care and treatment in accordance with paragraph 4 of Schedule 1;
“contractor” means a person who has undertaken to provide general dental services and whose name is included in sub-part A of the first part of a Health Board’s dental list;
“corresponding decision” has the same meaning as in section 32D of the Act;
“dental care professional” means a person registered in the dental care professionals register;
“dental care professionals register” is the register established by section 36B of the Dentists Act 19849;
“dental hygienist” means a person in the profession pursued by dental hygienists who is registered in the dental care professionals register;
“dental list” has the meaning given to it by regulation 4;
“dental nurse” means a person in the profession pursued by dental nurses who is registered in the dental care professionals register;
“dental officer” means a dentist in the service of the SDPB;
“dental student” means a person studying for a qualification in dentistry, dental therapy or dental hygiene;
“dental surgery” means any part of the practice premises where care and treatment is provided;
“dental therapist” means a person in the profession pursued by dental therapists who is registered in the dental care professionals register;
“dentist” means a dental practitioner registered in the register of dentists;
“deputy” means a dentist who acts on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;
“director” means a director of a body corporate or a member of the body of persons controlling a body corporate;
“disqualification” means disqualification by the Tribunal (or a corresponding decision under provisions in force in England, Wales or Northern Ireland corresponding whether or not exactly to disqualification), but does not include conditional disqualification, and “disqualified” shall be construed accordingly;
“an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;
“emergency dental services” means treatment which is provided in terms of arrangements made under regulation 19;
“enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;
“enhanced criminal record certificate” has the meaning given in section 113B of the Police Act 199710;
“equivalent body” means—
(a) in England, a Primary Care Trust;
(b) in Wales, a Local Health Board;
(c) in Northern Ireland, a Health and Social Services Board;
(d) in relation to any time prior to 1st October 2002, a Health Authority in England; or
(e) in relation to any time prior to 1st April 2003, a Health Authority in Wales,
or any successor body;
“equivalent list” means a list kept by an equivalent body;
“estimate” means a form supplied by the Health Board, or a form to like effect, completed by a dentist and submitted to the SDPB in accordance with paragraph 28 of Schedule 1 for the purpose of obtaining prior approval of care and treatment;
“fraud” means matters which it is the function of the Agency to prevent, detect or investigate by virtue of article 2(l) of the National Health Service (Functions of the Common Services Agency) Order 200811;
“general dental services” has the meaning given in section 25(1) of the Act;
“Health Board” means a Health Board constituted for any area under section 2(1)(a) of the Act12;
“health centre” means any premises at which general dental services are provided by salaried dentists;
“in writing” does not (except where otherwise stated) include transmission by electronic means;
“licensing or regulatory body” means a body that licenses or regulates any profession of which the dentist, or the body corporate (as the case may be) is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;
“list” has, unless the context otherwise requires, the same meaning as in section 29(8)13of the Act;
“listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1)(c)14of the Act;
“mobile surgery” means any vehicle in which care and treatment is provided;
“NHS charge” means a charge to the patient under the National Health Service (Dental Charges) (Scotland) Regulations 200315;
“NHS Education for Scotland” means the body of the same name constituted under the NHS Education for Scotland Order 200216;
“occasional treatment” means treatment mentioned in paragraph 19 of Schedule 1;
“oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as is reasonable in the case of any patient, having regard to the need to safeguard the patient’s general health;
“orthodontic treatment” means treatment provided under and in association with section VIII (orthodontic treatment) of the Scale of Fees;
“orthodontist” means a dentist who is on the General Dental Council’s Specialist List of Orthodontists, namely the specialist lists in distinctive branches of dentistry maintained by the General Dental Council;
“patient” means a person to whom general dental services are provided;
“patient record” means the form supplied by the Health Board for the purpose of maintaining a record of treatment given to a patient or a form to like effect;
“personal dental services” has the meaning given in section 1(8) of the 1997 Act;
“pilot scheme” has the meaning given in section 1(1) of the 1997 Act;
“practice premises” means any premises or mobile surgery at which a contractor provides general dental services;
“practice record form” means a form supplied by the Health Board and completed in accordance with paragraph 29 of Schedule 1 for the purpose of obtaining general dental services in circumstances where the contractor intends to use a computer to send an estimate to the SDPB;
“private”, in the context of care and treatment, means...
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