Explanatory note

These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 1996 (“the Regulations”), which make arrangements under which dentists provide general dental services under the National Health Service (Scotland) Act 1978 (“the Act”).

Regulation 2(2) amends the definitions in the Regulations.

Regulation 2(3) makes consequential amendments to regulations 4 of the Regulations arising from amendments to the Act made by section 26 of the Smoking, Health and Social Care Act (Scotland) 2005 (“the 2005 Act”) regarding the effect to be given in Scotland to decisions of bodies in England, Wales and Northern Ireland corresponding to the decisions which can be made by the NHS Tribunal in Scotland.

Regulation 2(4)(a) amends regulation 22 to add a new matter to the table of matters that are to be provided for in determinations and published in the Statement of Dental Remuneration. It adds a Determination XVI, which is to make provision for a deprived area allowance.

Regulation 2(4)(b) amends regulation 22 of the Regulations by inserting paragraph (4) which provides for the period of determinations or amendments to determinations.

Regulation 2(5) amends regulation 23(4)(b) to provide that remuneration in accordance with Determination XVI shall be paid to dentists by the Common Services Agency for the Scottish Health Service.

Regulation 2(6) makes consequential amendments to regulations 32 of the Regulations arising from amendments to the Act made by section 26 of the 2005 Act regarding the effect to be given in Scotland to decisions of bodies in England, Wales and Northern Ireland corresponding to the decisions which can be made by the NHS Tribunal in Scotland.

Regulation 2(7) amends regulation 34 of the Regulations to require dentists to provide to Health Boards when requested, information regarding their provision of general dental services.

Regulation 2(8) amends regulation 34A(7)(c) of the Regulations which provide for appeals from decisions of the Scottish Dental Practice Board to be made to referees appointed by the Health Board. The amendment provides for the appointment of an orthodontist on the General Dental Council’s Specialist List where such appeals are made in connection with orthodontic treatment and a chairperson who is not a dentist.

Regulation 2(9)(a) and (b) amends paragraphs 8(1) and 9(1) of Schedule 1 of the Regulations by extending the time at which a continuing care or a capitalisation arrangement shall lapse from the end of the 16th month to the end of the 36th months in which (a) the patient was first accepted by the dentist under the continuing care arrangement or (b) the continuing care or a capitalisation arrangement was extended.

Regulation 2(9)(c) amends paragraph 11(3) of Schedule 1 to the Regulations by specifying the period of notice to be given to Health Boards by a dentist terminating a continuing care arrangement or a capitation arrangement.

Regulation 2(9)(d) inserts paragraph 12A in Schedule 1 to the Regulations provides for the referral of patients from dentists to dental students for treatment when certain conditions are met.

Regulation 2(9)(e) amends paragraph 19 of Schedule 1 to the Regulations by inserting sub paragraph (da) which provides that dentists shall not claim a fee or accept payment of a fee as a prerequisite to providing general dental services.

Regulation 2(9)(f) makes consequential amendments to paragraph 35(11)(b) of Schedule 1 to the Regulations arising from amendments to the Act made by section 26 of the 2005 Act regarding the effect to be given in Scotland to decisions of bodies in England, Wales and Northern Ireland corresponding to the decisions which can be made by the NHS Tribunal in Scotland.

Regulation 3 contains transitional provisions. Regulation 3(1) ensures that appeals made under regulation 34A of the Regulations before 1st April 2006 shall be treated on or after that date as if regulation 2(8) of these Regulations had not come into force. Regulation 3(2) ensures that a continuing care arrangement or a capitation arrangement entered into before 1st April 2006 shall have effect as if regulation 2(9)(a) and (b) of these Regulations had not come into force. Regulation 3(3) ensures that where a notice is given under Schedule 1, paragraph 11(3), to the Regulations before 1st April 2006 such a notice shall be treated on and after that date as if regulation 2(9)(c) of these Regulations had not come into force