Article 2 Interpretation

In this Order—

• “the 1977 Act” means the National Health Service Act 1977^f1;

• “the 1990 Act” means the National Health Service Act 1990^f2;

• “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003;

• “the 1992 Regulations” means the National Health Service (General Dental Services) Regulations 1992^f3;

• “capitation arrangement” means an arrangement made under paragraph 5 of Schedule 1 to the 1992 Regulations;

• “care and treatment” means—

  1. (a)

     all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment and preventive care; and

  2. (b)

     treatment;

• “course of treatment” has the meaning given to it in the GDS Contracts Regulations;

• “dental list” means the list of dental practitioners undertaking to provide general dental services for persons in its area that is or was kept by a Primary Care Trust under section 36(1)(a) of the 1977 Act (regulations as to section 35)^f4;

• “dental performers list” means a list of dental practitioners prepared in accordance with the Performers List Regulations;

• “Dentists Act” means the Dentists Act 1984^f5;

• “Dentists Register” means the register kept by the General Dental Council under section 14 of the Dentists Act (the dentists register and the registrar);

• “GDS Contracts Regulations” means the National Health Service (General Dental Services Contracts) Regulations 2005^f6;

• “general dental services contract” means a contract under section 28K of the 1977 Act (general dental services contracts)^f7;

• “mandatory services” has the meaning given to it in the GDS Contracts Regulations;

• “NHS Charges Regulations” means the National Health Service (Dental Charges) Regulations 2005^f8;

• “orthodontic course of treatment” has the meaning given to it in the GDS Contracts Regulations;

• “PDS Agreements Regulations” means the National Health Service (Personal Dental Services) Regulations 2005^f9;

• “PDS Directions” means the Directions to Health Authorities concerning the implementation of pilot schemes (personal dental services)^f10;

• “Performers Lists Regulations” means the National Health Service (Performers Lists) Regulations 2004^f11;

• “personal dental services agreement” means an agreement for primary dental services under section 28C of the 1977 Act (personal medical or dental services)^f12;

• “pilot dentist” means, in relation to a particular pilot scheme agreement, a dentist who performs dental services by giving care and treatment in connection with that pilot scheme;

• “pilot scheme agreement” means an agreement made under Part 1 of the National Health Service (Primary Care) Act 1997^f13;

• “pilot scheme provider” means the person or persons, other than a Primary Care Trust, who provide personal dental services under a pilot scheme agreement and who is a party or are parties to that agreement;

• “relevant service” means—

  1. (a)

     whole-time service in the armed forces of the Crown in a national emergency either as a volunteer or otherwise;

  2. (b)

     compulsory whole-time service in those forces, including service resulting from any reserve liability; or

  3. (c)

     any equivalent service by a person liable for compulsory whole-time service in those forces;

• “SDR” means the Statement of Dental Remuneration determined and published by the Secretary of State^f14 under regulation 19 of the 1992 Regulations, as that statement has or had effect on 31st March 2006;

• “section 35 arrangements” means arrangements made under section 35 of the 1977 Act (arrangements for general dental services)^f15; and

• “treatment”, in respect of a period before 1st April 2006, shall have the same meaning as in regulation 2 of the 1992 Regulations.

In this Order, 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.