This Statutory Instrument has been made, in part, as a consequence of defects in SI 2013/364 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2014 No. 443
The National Health Service, England
The National Health Service Primary Dental Services (Miscellaneous Amendments) Regulations 2014
Made
26th February 2014
Laid before Parliament
5th March 2014
Coming into force
1st April 2014
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 104(1) and (2), 109(1) and (3), 169(3), 272(7) and (8) and 273(4) of the National Health Service Act 2006( 1 ).
Citation and commencement
1. These Regulations may be cited as the National Health Service Primary Dental Services (Miscellaneous Amendments) Regulations 2014 and come into force on 1st April 2014.
Amendment of the National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010
2. —(1) The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010( 2 ) are amended as follows.
(2) In regulation 5 (directions in respect of GDS contract disputes), in paragraph (2)(a)—
(a) at the end of paragraph (ii), omit “or”;
(b) at the end of paragraph (iii), insert “, or”;
(c) after paragraph (iii), insert the following paragraph—
“ (iv) in the case of a limited liability partnership, a member is no longer a practitioner as required by section 102(2A)(a) of the Act for the purposes of establishing continuing eligibility in accordance with section 102(1)(d) of the Act, ” ;
(d) for “within paragraphs (i) and (ii),” substitute “within paragraphs (i), (ii) or (iv),”; and
(e) for “the condition in section 102(2)(a)” substitute “the conditions in section 102(2)(a) or (2A)(a)”.
Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005
3. —(1)The National Health Service (General Dental Services Contracts) Regulations 2005( 3 ) are amended as follows.
(2) In regulation 2(1) (interpretation), for the definition of “course of treatment” substitute—
“ “course of treatment” means—
an examination of a patient, an assessment of that patient’s oral health, and the planning of any treatment to be provided to that patient as a result of that examination and assessment; and
the provision of any planned treatment (including any treatment planned at a time other than the time of the initial examination) to that patient up to the date on which—
each and every component of the planned treatment has been provided to the patient, or
the patient either voluntarily withdraws from, or is withdrawn by the provider from, treatment,
by, unless the context otherwise requires, one or more providers of primary dental services, except that it does not include the provision of orthodontic services or dental public health services and, where the course of treatment is an interim care course of treatment provided under a Capitation and Quality Scheme 2 Agreement in the context of regulation 13A of the NHS Charges Regulations (charges in respect of primary dental services provided under a Capitation and Quality Scheme 2 Agreement), it does not include the treatment mentioned in sub-paragraph (a);. ” .
(3) In Schedule 2 (provision of services: units of dental activity and units of orthodontic activity), in paragraph 1, after sub-paragraph (2) insert—
“ (3) Where a patient is referred by the contractor for advanced mandatory services to another provider of primary dental services, the appropriate number of units of dental activity provided by—
(a) that contractor; and
(b) the other provider of primary dental services, if that provider is also a contractor,
must be calculated on the basis of the components of the course of treatment which they actually provide, notwithstanding that the treatment constitutes a single banded course of treatment for charging purposes. ” .
(4) In Schedule 4 (patient information leaflets), omit paragraph 16 (NHS Direct details).
Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005
4. —(1)The National Health Service (Personal Dental Services Agreements) Regulations 2005( 4 ) are amended as follows.
(2) In regulation 2(1) (interpretation), for the definition of “course of treatment” substitute—
“ “course of treatment” means—
an examination of a patient, an assessment of that patient’s oral health, and the planning of any treatment to be provided to that patient as a result of that examination and assessment; and
the provision of any planned treatment (including any treatment planned at a time other than at the time of the initial examination) to that patient up to the date on which—
each and every component of the planned treatment has been provided to the patient, or
the patient either voluntarily withdraws from, or is withdrawn by the provider from, treatment,
by, unless the context otherwise requires, one or more providers of primary dental services, except that it does not include the provision of any orthodontic services or dental public health services and, where the course of treatment is an interim care course of treatment provided under a Capitation and Quality Scheme 2 Agreement in the context of regulation 13A of the NHS Charges Regulations (charges in respect of primary dental services provided under a Capitation and Quality Scheme 2 Agreement), it does not include the treatment mentioned in sub-paragraph (a);. ” .
(3) In Schedule 2 (provision of services: units of dental activity and units of orthodontic activity), in paragraph 1, after sub-paragraph (2) insert—
“ (3) Where a patient is referred by the contractor for advanced mandatory services to another provider of primary dental services, the appropriate number of units of dental activity provided by—
(a) that contractor; and
(b) the other provider of primary dental services, if that provider is also a contractor,
must be calculated on the basis of the components of the course of treatment which they actually provide, notwithstanding that the treatment constitutes a single banded course of treatment for charging purposes. ” .
(4) In Schedule 4 (patient information leaflet)—
(a) in paragraph 2—
(i) for “a qualifying body” substitute “a dental corporation”,
(ii) in sub-paragraph (a)—
(aa) for “that body”, substitute “that corporation”, and
(bb) for “the qualifying body” substitute “the dental corporation”, and
(iii) in sub-paragraph (b), for “that body’s” substitute “the corporation’s”; and
(b) omit paragraph 15 (NHS Direct details).
Amendment of the National Health Service (Dental Charges) Regulations 2005
5. In regulation 2(1) (interpretation) of the National Health Service (Dental Charges) Regulations 2005( 5 ), for the definition of “course of treatment” substitute—
“ “course of treatment” means—
an examination of a patient, an assessment of that patient’s oral health, and the planning of any treatment to be provided to that patient as a result of that examination and assessment; and
the provision of any planned treatment (including any treatment planned at a time other than the time of the initial examination) to that patient up to the date on which—
each and every component of the planned treatment has been provided to the patient, or
the patient either voluntarily withdraws from, or is withdrawn by the provider from, treatment,
by one or more providers of relevant primary dental services, except that where the course of treatment is an interim care course of treatment provided under a Capitation and Quality Scheme 2 Agreement in the context of regulation 13A, it does not include the treatment mentioned in sub-paragraph (a);. ” .
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
26th February 2014
2006 c.41 . Section 104 has been amended by section 55(1) of, and paragraph 46 of Schedule 4 to, the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). Section 109 has been amended by section 55(1) of, and paragraph 50 of Schedule 4 to, the 2012 Act. Section 169 has been amended by S.I. 2010/22 . Section 176 has been amended by section 55(1) of, and paragraph 94 of Schedule 4 to, the 2012 Act. Section 273 has been amended by sections 21(6), 47(7) and 55(1) of, and paragraph 137 of Schedule 4 to, the 2012 Act, and by S.I. 2010/22 . By virtue of section 271(1) of the 2006 Act, the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. See also section 275(1) of the 2006 Act, which contains definitions of “regulations” and “prescribed” which are relevant to the powers being exercised.
S.I. 2010/76 ; amended by S.I. 2013/235 .
S.I. 2005/3361 . Relevant amendments were made by S.I. 2006/563 , 2007/544 , 2008/1700 , 2010/22 , 2011/1182 , 2012/502 and 2273 and 2013/364 .
S.I. 2005/3373 . Relevant amendments were made by S.I. 2006/563 , 2007/544 , 2010/22 , 2011/1182 , 2012/2273 and 2013/364 .
S.I. 2005/3477 . Relevant amendments were made by S.I. 2013/364 .