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The National Health Service (General Dental Services) (Scotland) Regulations 2010

S.S.I. 2010/208 · Made 20 May 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2026.

National Health Service

Made 20th May 2010

Laid before the Scottish Parliament 21st May 2010

Coming into force 2nd July 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 4(1A), (1B) and (1C), 25(1), (2), (2A), (2B), (3) and (5), 28(1), 28A, 28C, 32D, 32E, 34, 105(6) and (7), 106 and 108(1) of the National Health Service (Scotland) Act 1978f1 and of all other powers enabling them to do so. In accordance with section 4(1B) of that Act they have consulted such organisations as appear to them to be representative of persons providing general dental services. In accordance with section 25(3) of that Act they have consulted such organisations as appear to them to be representative of the dental profession.

Annotations to the whole text

Footnotes

f1

1978 c.29; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 4 was amended by the Health and Medicines Act 1988 (c.49) (“the 1988 Act”) sections 12(3), 25(2) and Schedule 3, and is amended by the Smoking, Health and Social Care (Scotland) Act (asp 13) (“the 2005 Act”) schedule 2, paragraph 2, with effect from 2nd July 2010 in terms of S.S.I. 2010/185; section 25(1) is amended by the 2005 Act, section 15, with effect from 20th May 2010 for the purposes of making regulations and with full effect from 2nd July 2010 in the terms of S.S.I. 2010/185, section 25(2), (2A) and (2B) are substituted by the 2005 Act, section 17, with effect from 20th May 2010 for the purposes of making regulations and with full effect from 2nd July 2010 in terms of S.S.I. 2010/185; section 25(3) was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 4, and Schedule 7; section 25(5) was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 16; section 28(1) was amended by the National Health Service (Amendment) Act 1986 (c.66), section 3(4) and by the Primary Medical Services (Scotland) Act 2004 (asp 1), (“the 2004 Act”), schedule 1, paragraph 8; section 28A was substituted by the Health Act 1999 (c.8) (“the 1999 Act”), section 57, and amended by the 2004 Act, schedule 1, paragraph 1; section 32D was substituted by the 2005 Act, section 27; section 32E was inserted by the National Health Service (Amendment) Act 1995 (c.31), section 8 and amended by the 2005 Act, schedule 2, paragraph 2(14); section 105(7), was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983, (c.41), Schedule 9, paragraph 24 and by the 1999 Act. Schedule 4, paragraph 60 and contains provisions relevant to the making of Regulations; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
  5. 3Terms of service
  6. 4Dental list
  7. 4AInclusion in a dental list on a provisional basis
  8. 4BInclusion in a dental list on a provisional basis for a second time
  9. 5Application for inclusion in the dental list and notification of changes
  10. 5AMandatory training
  11. 5BEnhanced Skills in Domiciliary Care
  12. 6General provision relating to the dental list
  13. 7Grounds for refusal of application
  14. 8Deferment of a decision on application
  15. 9Local directory of dentists
  16. 10Requirements with which a dentist or body corporate included in a dental list must comply
  17. 11Suspension
  18. 12Removal from dental list
  19. 12ARemoval of domiciliary care designation
  20. 13Re-inclusion in dental list
  21. 13ARe-instatement of designation
  22. 14Disclosure of information
  23. 15Withdrawal from dental list
  24. 16Information about assistants
  25. 17Information about associateship agreements
  26. 18Transfer of capitation arrangements
  27. 19Emergency dental services
  28. 20Arrangements for emergency cover
  29. 21Health Board patient information leaflets
  30. Part III: REMUNERATION
  31. 22Statement of Dental Remuneration
  32. 23Approval of payments
  33. 24Drugs
  34. 25Recovery of overpayments
  35. Part IV: PAYMENTS IN CONSEQUENCE OF SUSPENSION
  36. 26Payments to dentists or bodies corporate suspended by a Health Board or by direction of the Tribunal
  37. Part V: PRIOR APPROVAL (PATTERNS OF TREATMENT) AND SURVEYS
  38. 27Prior approval - patterns of treatment
  39. 28Surveys of the provision of general dental services
  40. Part VI: APPEALS FROM DECISIONS OF THE SDPB
  41. 29Appeals from decisions of the SDPB
  42. Part VII: MISCELLANEOUS
  43. 30Publication of particulars
  44. 31Service of notices etc
  45. 31AElectronic Communications
  46. 32Signatures
  47. 33Revocations, savings and transitional provisions
  48. 34Consequential Amendments
  49. 35Schedules
  50. Signature
  51. Schedule A1: Topics on which questions may be asked in the test of knowledge
  52. 1Paragraph 1
  53. 2Paragraph 2
  54. 3Paragraph 3
  55. 4Paragraph 4
  56. 5Paragraph 5
  57. 6Paragraph 6
  58. 7Paragraph 7
  59. 8Paragraph 8
  60. 9Paragraph 9
  61. 10Paragraph 10
  62. 11Paragraph 11
  63. 12Paragraph 12
  64. Schedule B1: Enhanced skills in domiciliary care
  65. 1Request to become a domiciliary care dentist and eligibility
  66. 2Initial Interview
  67. 3Enhanced training and mentoring in domiciliary care
  68. 4Final Interview
  69. 5Designating a new domiciliary care dentist
  70. Schedule 1: TERMS OF SERVICE FOR DENTISTS
  71. Part I: GENERAL
  72. 1Interpretation
  73. 2Incorporation of provisions of Regulations
  74. 3General dental services
  75. Part II: CONTINUING CARE ARRANGEMENT, CAPITATION ARRANGEMENT AND TREATMENT ON REFERRAL
  76. 4A continuing care arrangement Repealed
  77. 5A capitation arrangement
  78. 6Emergency cover
  79. 7Repair or replacement of restorations
  80. 8Duration of a continuing care arrangement Repealed
  81. 9Duration of a capitation arrangement
  82. 10Termination of a capitation arrangement
  83. 11Violent patients
  84. 11AViolent behaviour against domiciliary care dentists
  85. 12Referral to another contractor or to a hospital or other service
  86. 13Referral to dental students
  87. 14Treatment on referral
  88. 15Inability of contractor to complete care and treatment under a capitation arrangement or treatment on referral
  89. 16Care and treatment summaries
  90. 17Mixing of general dental services and private care and treatment
  91. Part III: OCCASIONAL TREATMENT Repealed
  92. 18Occasional treatment Repealed
  93. 19Referral for occasional treatment Repealed
  94. Part IV: ADDITIONAL TERMS OF SERVICE FOR ALL DENTISTS
  95. 20Remuneration
  96. 21Surveys
  97. 22Standards of care
  98. 23Sedation
  99. 24Supply of drugs
  100. 25Issue of prescription forms
  101. 26Domiciliary visits
  102. 27Records
  103. 28Prior approval of care and treatment
  104. 29Completion of estimate
  105. 30Completion of claim forms
  106. 31Recalled attendance
  107. 32Completion of care and treatment under a capitation arrangement or treatment on referral
  108. 33Dental care professionals
  109. 34Postgraduate education
  110. 35Notices
  111. 36Complaints, concerns, comments, feedback
  112. 37Co-operation and investigation
  113. 38Returns re complaints Repealed
  114. 39Professional indemnity
  115. 40Quality improvement activities
  116. Part V: ADDITIONAL TERMS OF SERVICE FOR DENTISTS OTHER THAN SALARIED DENTISTS
  117. 41Patient information leaflets
  118. 42Premises and Equipment
  119. 43Remuneration
  120. 44Deputies and assistants
  121. Part VI: ADDITIONAL TERMS OF SERVICE FOR SALARIED DENTISTS
  122. 45Attendance
  123. 46Records
  124. 47Drugs
  125. 48Provision of Health Board patient information leaflets
  126. 49Termination of services
  127. Part VII: ADDITIONAL TERMS OF SERVICE FOR DOMICILIARY CARE DENTISTS
  128. 50Attendance at the care home
  129. 51In-hours emergencies
  130. 52Continuing professional development
  131. 53Procedure for withdrawing from assigned care home
  132. 54Voluntary removal of designation as a domiciliary care dentist
  133. 55Procedure for assignment to additional care homes
  134. Schedule 2
  135. Part IA: Information, declarations, certificate, applications, Level 2 disclosures, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents, to be included in an application for inclusion in sub-part A of the first part of the dental list
  136. 1Paragraph 1
  137. 2Paragraph 2
  138. 3Paragraph 3
  139. 4Paragraph 4
  140. Part IB: Information, declarations, certificate, applications, Level 2 disclosure, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents to be included in an application for inclusion in sub-part B only of the first part of the dental list
  141. 1Paragraph 1
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. 4Paragraph 4
  145. Part II: Information, declarations, certificate, Level 2 disclosure applications, PVG Scheme Level 2 disclosure, undertakings and consents, to be included in an application for inclusion in the second part of the dental list
  146. 1Paragraph 1
  147. 2Paragraph 2
  148. 3Paragraph 3
  149. 4Paragraph 4
  150. IIIINFORMATION WHICH MAY BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE DENTAL LIST
  151. Schedule 3: INFORMATION TO BE PROVIDED ABOUT CARE AND TREATMENT UNDER GENERAL DENTAL SERVICES Repealed
  152. 1Paragraph 1 Repealed
  153. 2Paragraph 2 Repealed
  154. 3Paragraph 3 Repealed
  155. 4Paragraph 4 Repealed
  156. 5Paragraph 5 Repealed
  157. 6Paragraph 6 Repealed
  158. 7Paragraph 7 Repealed
  159. 8Paragraph 8 Repealed
  160. 9Paragraph 9 Repealed
  161. Schedule 4: PRIOR APPROVAL OF CARE AND TREATMENT
  162. IITEMS OF TREATMENT
  163. Part II: CARE AND TREATMENT
  164. 1Paragraph 1
  165. 2Paragraph 2
  166. 3Paragraph 3
  167. Schedule 5: INFORMATION TO BE INCLUDED IN PATIENT INFORMATION LEAFLETS
  168. 1Paragraph 1
  169. 2Paragraph 2
  170. 3Paragraph 3
  171. 4Paragraph 4
  172. 5Paragraph 5
  173. 6Paragraph 6
  174. 7Paragraph 7
  175. 8Paragraph 8
  176. 9Paragraph 9
  177. 10Paragraph 10
  178. 11Paragraph 11
  179. Schedule 6: INFORMATION TO BE INCLUDED IN HEALTH BOARD PATIENT INFORMATION LEAFLET
  180. 1Paragraph 1
  181. 2Paragraph 2
  182. Schedule 7REVOCATIONS
  183. Schedule 8: CONSEQUENTIAL AMENDMENTS
  184. 1The National Health Service (Choice of Dental Practitioner) (Scotland) Regulations 1998
  185. 2The Police Act 1997 (Criminal Records) (Scotland) Regulations 2006
  186. Explanatory note