Citation, commencement, interpretation and extent

1. —(1) These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 5) Regulations 2001 and shall come into force on 1st August 2001.

(2) In these Regulations “the principal Regulations” means the National Health Service (General Dental Services) Regulations 1992( 2 ).

(3) The extent of these Regulations is as follows—

(a) this regulation extends to England and Wales,

(b) regulations 2 and 4 and the Schedule extend to England only, and

(c) regulation 3 extend to Wales only.

Amendment of the principal Regulations

2. —(1) In regulation 2(1) of the principal Regulations (interpretation), omit the definition of “FHSA”.

(2) In the provisions of the principal Regulations listed in the Schedule to these Regulations—

(a) for “FHSA” wherever it appears substitute “Health Authority”,

(b) for “An” whenever it appears immediately preceding “FHSA” substitute “A”, and

(c) for “an” whenever it appears immediately preceding “FHSA” substitute “a”.

3. In regulation 20 (approval of payments by Dental Practice Board) in paragraph (4) for “VIII and IX” substitute “VIII, IX and X”.

4. In paragraph 17 of Schedule 1 to the principal Regulations (occasional treatment)( 3 )—

(a) for head (m) of sub-paragraph (2) substitute—

“ (m) conservative treatment of permanent or retained deciduous teeth by way of fillings or root fillings, ” and

(b) after sub-paragraph (3) insert—

“ (4) Subject to sub-paragraphs (5) and (6), where a dentist has provided conservative treatment by way of any filling or root filling in accordance with sub-paragraph (2)(m), he shall repair or replace the filling in question at no charge to the patient.

(5) A dentist shall not be under an obligation to repair or replace any filling under sub-paragraph (2)(m) where—

(a) within 12 months of the date on which the filling was provided—

(i) a dentist has provided private treatment, or

(ii) another dentist has provided occasional treatment otherwise than of a temporary nature,

on the tooth in respect of which the filling was provided;

(b) the dentist advised the patient at the time of the filling and indicated on the patient record—

(i) that the filling was intended to be temporary in nature; or

(ii) that, in his opinion, a different form of filling was more appropriate but, notwithstanding that advice, the patient insisted on the filling which was provided;

(c) in the opinion of the dentist, the condition of the tooth in respect of which the filling was provided is such that the filling cannot satisfactorily be repaired or replaced and different treatment is now required; or

(d) the repair or replacement is required as a result of trauma.

(6) The obligation to repair or replace any filling under sub-paragraph (2)(m) shall cease 12 months after the date on which the filling was provided. ” .

Regulation 2(2)

SCHEDULE

• In the list headed “Arrangement of Regulations”, the entry for regulation 16.

• In regulation 2(1) (interpretation), the definitions “Local Dental Committee”, “locality”, “patient record”, “practice record form” and “salaried dentist”.

• Regulation 3 (terms of service).

• Regulation 4 (dental list)( 4 ).

• Regulation 5A (applications for vocational training numbers and notices of refusal to include in dental list( 5 ).

• Regulation 5C (procedure on appeal)( 6 ).

• Regulation 6 (local directory of dentists).

• Regulation 7 (restrictions on the right to be included in a dental list)( 7 ).

• Regulation 8 (removal from dental list)( 8 ).

• Regulation 9 (removal from dental list on grounds of age).

• Regulation 10 (withdrawal from dental list).

• Regulation 11 (information about assistants).

• Regulation 12 (information about associateship agreements).

• Regulation 13 (transfer of continuing care and capitation arrangements)( 9 ).

• Regulation 14 (emergency dental services).

• Regulation 15 (arrangements for emergency cover).

• The heading to, and regulation 16 (FHSA patient information leaflets).

• Regulation 21 (drugs).

• Regulation 22 (recovery of overpayments)( 10 ).

• Regulation 24 (entitlement to payments)( 11 ).

• Regulation 25 (application for payments).

• Regulation 26 (amount and time of payments).

• Regulation 27 (changes to circumstances).

• Regulation 28 (overpayments)( 12 ).

• Regulation 29 (prior approval-patterns of treatment)( 13 ).

• Regulation 31 (publication of documents).

• Regulation 32 (service of documents)( 14 ).

• In Schedule 1 (terms of service for dentists)—

  (a)

  in the list headed “Arrangement of paragraphs” the entry for paragraph 43,

  (b)

  paragraphs 4, 5( 15 ), 8, 9( 16 ), 11( 17 ), 13, 15, 26, 27( 18 ), 32, 33, 35( 19 ), 39, 40, 41 and 42,

  (c)

  the heading to, and paragraph 43, and

  (d)

  paragraph 44.

• In Schedule 2 (information and undertaking to be included in an application for inclusion in the dental list), paragraphs 8 and 9.

• In Schedule 6 (information to be included in FHSA patient information leaflets), the heading, and paragraph 2.