Regulation 2 InterpretationI1

In these Regulations—

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

• F1“the 2006 Act” means the National Health Service Act 2006;

• “the 2012 Act” means the Health and Social Care Act 2012;

• F2...

• “bridge” means a fixed or a removable bridge which takes the place of any teeth;

• F3“Capitation and Quality Scheme 2” means the scheme of that name, introduced by the Secretary of State on 1st April 2013, following the termination of the Capitation and Quality Scheme on 31st March 2013, that the Secretary of State has developed to assist in continuing to promote and secure improvement in the provision of dental services in accordance with the 2006 Act;”;

• “Capitation and Quality Scheme 2 Agreement” means an Agreement which forms a temporary part of a GDS contract or a PDS agreement and which is entered into as part of the Capitation and Quality Scheme 2 and in accordance with Directions made under section 114A of the 2006 Act;

• F4“complex care pathway” means complex care pathway 1, complex care pathway 2 or complex care pathway 3;

• “complex care pathway 1” means a course of treatment consisting of all of the components specified under the appropriate heading of Schedule 4A;

• “complex care pathway 2” means a course of treatment consisting of all of the components specified under the appropriate heading of Schedule 4A;

• “complex care pathway 3” means a course of treatment consisting of all of the components specified under the appropriate heading of Schedule 4A;

• F5“course of treatment” means—

  1. (a)

     an examination of a patient, an assessment of that patient’s oral health, and the planning of any treatment to be provided to that patient as a result of that examination and assessment; and

  2. (b)

     the provision of any planned treatment (including any treatment planned at a time other than the time of the initial examination) to that patient up to the date on which—

     1. (i)

        each and every component of the planned treatment has been provided to the patient, F6...

     2. (ii)

        the patient either voluntarily withdraws from, or is withdrawn by the provider from, treatment, F7or

  3. (iii)

     F8the treatment provided as part of a complex care pathway is terminated following a suspension,

  by one or more providers of relevant primary dental services, except that where the course of treatment is an interim care course of treatment F9provided under a prototype agreement or a Capitation and Quality Scheme 2 Agreement in the context of regulation 12A, it does not include the treatment mentioned in sub-paragraph (a).

• “dental appliance” means a denture or bridge and for the purposes of this definition, a denture includes an obturator;

• “Dental Charges Regulations 1989” means the National Health Service (Dental Charges) Regulations 1989^f1;

• “dental public health services” means services provided under section 16CB(4)(c) of the Act;

• F10“GDS Contract” is a contract within the meaning of section 100 of the 2006 Act (general dental services contracts: introductory);

• “General Dental Services Regulations 1992” means the National Health Service (General Dental Services) Regulations 1992^f2;

• “modifiable risk factors” means behaviours or conditions that can be changed or managed to reduce a patient’s risk of developing tooth decay or gum disease;

• F11“NHS England” means the body corporate established under section 1H of the 2006 Act;

• “orthodontic appliance” means a device used in the mouth to move or immobilise the teeth in order to correct or prevent malocclusion;

• “orthodontic treatment” means treatment of, or treatment to prevent, malocclusion of the teeth and jaws, and irregularities of the teeth;

• “patient” includes (when the context requires) a person who pays or undertakes to pay a charge on behalf of a person to whom a dental appliance is supplied or to whom some other relevant primary dental service is provided;

• “patient record” means a form supplied by F12NHS England for the purpose of maintaining a record of treatment, and may include an electronic form;

• F13“Primary Care Trust” means the body which until the date section 34 (abolition of Primary Care Trusts) of the 2012 Act comes into force, was—

  1. (a)

     where the Primary Care Trust was a party to the GDS contract or the PDS agreement, that Primary Care Trust;

  2. (b)

     where the Primary Care Trust was providing primary dental services under section 99(2) of the 2006 Act, the Primary Care Trust in whose area those services were provided; or

  3. (c)

     where the Primary Care Trust, NHS Trust, or NHS foundation trust supplied dental appliances other than as part of relevant primary dental services, that Primary Care Trust, or the Primary Care Trust in whose area all or most of the hospitals, establishments and facilities of the NHS Trust or NHS foundation trust, were situated;

• F14“PDS Agreement means an agreement within the meaning of section 107 of the 2006 Act;

• “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—

  1. (a)

     “secure training centre” means a place in which offenders subject to detention and training orders F15within the meaning given by section 233 of the Sentencing Code may be detained and given training and education and prepared for their release, and

  2. (b)

     “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;

• “prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act F16under arrangements made by NHS England;

• F17“prototype agreement” means a GDS contract or PDS agreement temporarily varied as part of the Prototype Agreements Scheme which contains—

  1. (a)

     the terms and conditions required under the National Health Service (Dental Services) (Prototype Agreements) Directions 2015; and

  2. (b)

     the terms and conditions required under the National Health Service (General Dental Services Contracts) Regulations 2005 or the National Health Service (Personal Dental Services Agreements) Regulations 2005;

• “relevant primary dental services” means dental treatment (including urgent treatment and orthodontic treatment) provided and dental appliances and orthodontic appliances supplied—

  1. (i)

     F18under section 56(2) of the National Health Service (Wales) Act 2006 provided by a Local Health Board;

  2. (ii)

     under a general dental services contract; or

  3. (iii)

     F19under arrangements made under section 107 of the 2006 Act”

• F20...

• “restoration” means a filling, root filling, inlay, porcelain veneer or crown;

• “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;

• “treatment” means all proper and necessary dental treatment which a provider of relevant primary dental services usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, advice on and planning of treatment, preventive care and treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances and orthodontic appliances, orthodontic treatment, the taking of radiographs, the provision of sedation in connection with such treatment, the supply of listed drugs and the issue of prescriptions whether or not provided on referral to the provider of relevant primary dental services;

• “urgent treatment” means one or more of the treatments listed in Schedule 4 that are provided to a person in circumstances where—

  1. (a)

     prompt care and treatment is F21clinically necessary because, in the opinion of the dental practitioner, that person’s oral health is likely to deteriorate significantly F22, or the person’s presentation indicates a need for treatment within seven days; and

  2. (b)

     care and treatment is provided only to the extent that is necessary to prevent that significant deterioration or F23treat that need,

  and “urgent course of treatment” shall be construed accordingly;

A reference to the Secretary of State includes a reference to a Special Health Authority or NHS England exercising functions on the Secretary of State’s behalf.