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Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations, unless the context otherwise requires—

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

  • “assistant” means any dentist employed either whole-time or part-time under a contract of service by another dentist for the purpose of providing general dental services on behalf of that other dentist;

  • “associateship agreement” means an agreement between dentists practising as principals—

    1. (a)

      to which there are two parties, not being partners of each other, and

    2. (b)

      whereby one party is liable to provide, for financial consideration, the use of some or all premises and of some or all facilities for the provision of general dental services by the other party;

  • “the Board” means the Dental Practice Board;

  • “capitation arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 5 of Schedule 1;

  • “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;

  • “continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1;

  • “dental officer” means a dentist in the service of the Board, or of the Welsh Office, as the case may be;

  • “dental surgery” means any part of the practice premises where care and treatment is provided;

  • “dentist” means a registered dental practitioner;

  • “deputy” means a dentist acting on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;

  • “doctor” means a registered medical practitioner;

  • “Drug Tariff” means the statement prepared by the Secretary of State under regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992f2;

  • “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 pursuant to arrangements made under regulation 14;

  • “estimate” means a form supplied by an FHSA, completed by the dentist and submitted to the Board in accordance with paragraph 26 of Schedule 1 for the purpose of obtaining prior approval under that paragraph;

  • “FHSA” means a Family Health Services Authorityf3;

  • “listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the Actf4;

  • “Local Dental Committee”, “Local Medical Committee” and “Local Pharmaceuti cal Committee” mean the committees of those names which are recognised by the FHSA in relation to its locality under section 44 of the Actf5;

  • “locality” means the locality for which an FHSA is established;

  • “mobile surgery” means any vehicle in which care and treatment is provided;

  • “NHS charge” means the charge, authorised under the National Health Service (Dental Charges) Regulations 1989f6, to the patient within the meaning of those Regulations;

  • “occasional treatment” means such treatment as is mentioned in paragraph 17 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 in the case of any patient is reasonable having regard to the need to safeguard his general health;

  • “patient” means a person for whom a dentist agrees to provide general dental services;

  • “patient record” means a form supplied by an FHSA for the purpose of maintaining a record of treatment;

  • “practice premises” means in relation to any dentist, any premises at which he provides general dental services, or any mobile surgery of his;

  • “practice record form” means a form supplied by an FHSA and completed in accordance with paragraph 27 of Schedule 1 for the purpose of obtaining general dental services in circumstances where the dentist intends to use a computer to send an estimate to the Board;

  • “prior approval treatment” means any item of treatment referred to in Part I of Schedule 4 or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;

  • “private”, in the context of care and treatment, means otherwise than under general dental services or Part I of the Act, and “privately” shall be construed accordingly;

  • “salaried dentist” means a dentist employed by an FHSA who undertakes to provide general dental services at a health centre;

  • “Scale of Fees” means the Scale of Fees set out in Determination I of the Statement of Dental Remuneration;

  • “Statement of Dental Remuneration” means the Statement published by the Secretary of State pursuant to the provisions of regulation 19;

  • “supply”, in relation to an appliance, includes replacement;

  • “terms of service” means the terms of service contained, or referred to, in Schedule 1;

  • “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 dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventive treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances, orthodontic treatment and the taking of radiographs and the provision of general anaesthesia and sedation in connection with such treatment and the supply of listed drugs and the issue of prescriptions in accordance with paragraphs 22 and 23 of Schedule 1; and

  • “treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 1.

(2)

In these Regulations, unless the context otherwise requires—

(a)

any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations;

(b)

any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation;

(c)

any reference in a regulation to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number; and

(d)

any reference to a form supplied by an FHSA includes a reference to a form which, though not supplied by the FHSA, is in all material respects the same as a form which is supplied by that FHSA in its locality.

Annotations

Footnotes

f1

1977 c. 49; in section 128(1) see the definitions of “prescribed” and “regulations”. Section 15(1)(b) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 12. Section 35(1) was substituted by S.I. 1985/39, article 7(9). Section 36 was amended by S.I. 1981/432, article 3(3), the Health and Social Security Act 1984 (c. 48), section 5(4) and Schedule 3, paragraph 5, S.I. 1985/39, article 7(10), the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 25(1) and Schedule 2, paragraph 4 and the 1990 Act, section 24 and was extended by section 17 of the 1988 Act. Section 37 was renumbered so as to become section 37(1) by section 12(2) of, section 37(1)(a) was amended by section 25 of, and Schedule 3 to, and subsections (1A) and (1C) were inserted by section 12(3), of the 1988 Act. Section 43(1) was amended by the Health Services Act 1980 (c. 53), section 21(2) and Schedule 1, paragraph 55, S.I. 1985/39, article 7(15) and the 1990 Act, section 66(1) and Schedule 9, paragraph 18(2). Section 126(4) was amended by the 1990 Act, section 65(2).

f2

S.I. 1992/662.

f3

See section 10(1) of the National Health Service Act 1977 (c. 49), amended by the Health and Social Security Act 1984 (c. 48), section 5 and section 2 of the National Health Service and Community Care Act 1990 (c. 19).

f4

Section 41 was amended by the Health Services Act 1980 (c. 53), section 20, Schedule 1, paragraphs 53 and 96 and Schedule 7, S.I. 1985/39, article 7(13) and the National Health Service and Community Care Act 1990 (c. 19), Schedule 9.

f5

Section 44 was amended by section 12 of the National Health Service and Community Care Act 1990 (c. 19).

f6

S.I. 1989/394 amended by S.I. 1990/1638, 1991/581 and 1992/369.