Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2004 and shall come into force on 1st May 2004.

(2) These Regulations apply to England only.

(3) In these Regulations, the “Dental Charges Regulations” means the National Health Service (Dental Charges) Regulations 1989( 2 ).

Amendment of the Dental Charges Regulations to increase charges

2. In regulation 4 of the Dental Charges Regulations (calculation of charges)( 3 ), in paragraph (5), for “£372” in both places where it occurs, there is substituted “£378”.

Amendment of the Dental Charges Regulations concerning prisoners

3. —(1) In regulation 1(2) (interpretation) of the Dental Charges Regulations, the following definitions are inserted at the appropriate alphabetical place—

“ “prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition—

“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 ( 4 ) (offenders under 18:detention and training orders) may be detained and given training and education and prepared for their release; and

“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life; and

“prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services etc. ) ( 5 ) . ” .

(2) After regulation 2(2) (charges for supply of dental appliances) there is inserted—

“ (3) No charge shall be made and recovered under paragraph (1) in respect of a prisoner. ” .

(3) After regulation 3(2)(f) (charges for other dental services) there is inserted—

“ (g) a prisoner. ” .

Revocation

4.The National Health Service (Dental Charges) Amendment Regulations 2003( 6 ) are revoked.

Transitional provision

5. Where, on or after 1st May 2004, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the Dental Charges Regulations shall have effect in respect of that supply or other provision as if these Regulations had not come into force.