Explanatory note

These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 2010 (“2010 Regulations”) to allow Health Boards to include the name of a dentist on their dental lists on a provisional basis where that dentist has not yet completed mandatory training where required by regulation 5A, and amend provisions relating to the requirement to obtain the prior approval of the Scottish Dental Practice Board before carrying out care and treatment.

Part 2 of the Regulations makes the following changes of substance to the 2010 Regulations, from 31 January 2026, in relation to listing a dentist on a provisional basis.

Regulation 5 amends regulation 4 of the 2010 Regulations to add a requirement for a dental list to state where a dentist is listed provisionally. Regulation 6 inserts new regulations 4A and 4B. Regulation 4A details the circumstances in which a dentist must be listed provisionally, the maximum duration of this listing status, the requirement for the listed dentist to notify the Health Board of the outcome of mandatory training undertaken during this period and circumstances in which such a dentist will be removed from a dental list. Regulation 4B details the limited circumstances in which a dentist may be listed provisionally for a second time.

Regulation 7 amends regulation 5 of the 2010 Regulations to detail the information that an application for inclusion in a dental list on a provisional basis must include, and confirms that the application may not specify more than one Health Board on whose dental list the applicant wishes to be included. Regulation 9 amends regulation 7 of the 2010 Regulations to require refusal of an application to be listed provisionally, where, except in the circumstances detailed, an applicant has previously been listed provisionally, or where the application includes a request for the dentist to be designated as a domiciliary care dentist or states that the applicant intends to practise as a single-handed practitioner.

Regulation 10 amends regulation 10 of the 2010 Regulations to provide that a dentist who is listed provisionally must comply with the terms of service appropriate to the part or sub-part of the dental list on which their name appears to the extent that those terms of service apply to a dentist who is listed provisionally. Regulation 11 provides that regulation 12(2) of the 2010 Regulations does not apply to a dentist who is listed provisionally and Regulation 13 amends regulation 14 of the 2010 Regulations to insert a requirement for certain bodies to be notified by a Health Board when a dentist who is listed provisionally is removed from its dental list. Regulation 14 amends regulation 15(2) of the 2010 Regulations to exclude a dentist who is listed provisionally from its terms.

Regulation 15 amends paragraph 1(2) of schedule B1 of the 2010 Regulations, to provide that a dentist who is listed provisionally is not eligible to become a domiciliary care dentist. Regulation 16 makes amendments to schedule 1 of the 2010 Regulations (terms of service for dentists): paragraph 40 is amended to provide that a dentist who is listed provisionally does not require to undertake quality improvement activities, and paragraph 44 is amended to provide that a dentist who is listed provisionally may not arrange for care and treatment to be provided by an assistant.

Part 3 makes the following changes of substance in relation to prior approval, from 1 November 2026.

In terms of paragraph 1 of schedule 4 of the 2010 Regulations prior approval is required where the cost of the care and treatment exceeds or is likely to exceed the amount set out in Determination I of the Statement of Dental Remuneration. Regulation 21 substitutes a new paragraph 1 in terms of which prior approval will instead be required where the treatment plan for the course of care and treatment includes items of treatment in sufficient number to trigger the requirement. The items, and where relevant types, of treatment and relevant numbers will be specified in Determination I. Regulation 21 of the 2010 Regulations provides that Determination I may prescribe conditions of payment of remuneration for care and treatment.

Regulations 19 and 20 amend regulation 27(2) and paragraph 28(8)(b) and (9)(b) of schedule 1 of the 2010 Regulations to remove the size limits on radiographs which may be taken in specified circumstances. Regulation 20 also omits paragraph 28(7) of schedule 1 which makes provision in relation to care and treatment of those working at sea or on oil rigs.