Explanatory note

These Regulations amend the National Health Service (General Dental Services) Regulations 1973 (“the principal Regulations”) which regulate the terms on which general dental services are provided under the National Health Service Act 1977.

A new regulation 4A is inserted in the principal Regulations to remove the right of a dentist to be included in a dental list where the Secretary of State has certified that the dentist has previously withdrawn his name from such a list in the interests of the efficiency of general dental services (regulation 3). Regulation 4 amends regulation 9 of the principal Regulations to alter the composition of the Dental Practice Board (“the Board”), and regulation 5 adds a reference in regulation 23 of the principal Regulations to a new Determination IX (governing the reimbursement of dentists' non-domestic rates) in the Statement of Dental Remuneration published under that regulation.

Regulations 6 to 10 make amendments to the principal Regulations which are consequential upon the National Health Service (Dentists' Remuneration-Special Arrangement) Order 1991 (S.I. 1991/580) which confers upon the Board the function of paying dentists' remuneration (except for the remuneration of salaried dentists and incentive scheme allowances, which will continue to be paid by Family Health Services Authorities). In particular, regulation 6 substitutes a new regulation 24 in the principal Regulations in connection with the approval and payment of dentists' remuneration, regulation 7 amends regulation 26 of the principal Regulations as it relates to the recovery of overpayments, and regulations 8, 9 and 10 amend the provisions of the principal Regulations which govern payments to dentists whose registration has been suspended by the General Dental Council. An amendment is also made to the National Health Service (Service Committees and Tribunal) Regulations 1974 to provide for the Board, rather than the Family Health Services Authority, to recover amounts from the remuneration of a dentist who has been found to have acted in breach of his terms of service (regulation 12).

Regulation 11 amends paragraph 25 of the terms of service for dentists (set out in Schedule 1 to the principal Regulations) to enable a dentist, by arrangement with the Board, to use a computer to send to the Board estimates which relate to care and treatment and occasional treatment to be provided for persons under the age of 18.

These Regulations also amend the National Health Service (Dental Charges) Regulations 1989, principally in consequence of the provision of NHS services from 1st April 1991 by NHS trusts under the National Health Service and Community Care Act 1990, so that charges may be made in respect of the supply of dental appliances by NHS trusts (regulation 13(2)(a), (3), (4) and (5)). Regulation 13(2)(b) amends regulation 4(5) of those Regulations to increase from £150 to £200 the maximum contribution which a patient may be required to make towards the cost of his treatment under general dental services.

These Regulations also make transitional provision in connection with the payment of dentists' remuneration (regulation 14), and make other amendments which are either of a minor nature or are consequential upon amendments already described in this Note.