Statutory Instrument 1988 No. 473

The National Health Service (Dental Charges) Regulations 1988

---

© Crown Copyright 1988

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The National Health Service (Dental Charges) Regulations 1988, ISBN 0110864735. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1988 No. 473

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Dental Charges) Regulations 1988

The Secretary of State for Social Services, in exercise of powers conferred on him by sections 78(1) and 79(1) of, and paragraphs 2(1) and (2) and 3(1), (2) and (3) of Schedule 12 to, the National Health Service Act 1977^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the National Health Service (Dental Charges) Regulations 1988 and shall come into force on 1st April 1988.

    (2)  In these Regulations, unless the context otherwise requires—
 (a) "the Act" means the National Health Service Act 1977;
"bridge" means a fixed or a removable bridge which takes the place of any teeth;
"patient" includes a person who pays or undertakes to pay a charge on behalf of a person to whom a dental appliance is supplied or to whom a service is provided;
"supply", in relation to an appliance, includes its replacement;
 (b) a reference to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number and a reference in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

Charges for supply of dental appliances
    2.—(1)  Charges may be made and recovered in accordance with these Regulations in respect of the chargeable supply of a dental appliance described in column (1) of Part I of Schedule 1.

    (2)  Subject to paragraph (3), to regulation 4 and to Part II of Schedule 1, the amount of the charge which may be made and recovered pursuant to paragraph (1) in respect of a dental appliance described in column (1) of Part I of Schedule 1 is the amount set out in relation to it in column (2) of that Part.

    (3)  Where a dental practitioner—
 (a) has begun for a patient, as part of general dental services, a course of treatment which includes the supply of an appliance described in Schedule 1; and
 (b) has referred that patient, for the supply of that appliance otherwise than as part of general dental services, to a health authority or to a hospital with which a health authority has made arrangements for the provision of services under the Act,
the amount of the charge for the supply of that appliance by or on behalf of the health authority shall be determined in accordance with Schedule 2.

    (4)  In this regulation "chargeable supply" means supply under the Act other than—
 (a) a supply in respect of which no charge may be made by virtue of paragraph 2(3), (4) or (8) of Schedule 12 to the Act;
 (b) a supply, otherwise than as part of general dental services, to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of treatment for invasive tumours;
 (c) a supply, otherwise than as part of general dental services, of any obturator which is a denture.

Charges for dental treatment as part of general dental services
    3.—(1)  Subject to regulation 4, the amount of the charge authorised by and payable under section 79(1) of the Act in respect of chargeable services under a contract or arrangement is 75% of the current authorised fees for those services, rounded down, where necessary, to the nearest whole penny.

    (2)  In this regulation "current authorised fee" has the meaning assigned to it by paragraph 3(1) of Schedule 12 to the Act and for the purposes of this regulation the amount of the current authorised fee for any service, where it is such amount as the Dental Estimates Board may in its discretion approve, whether or not subject to a maximum, is—
 (a) if the Board has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal^[2];
 (b) if the Board has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.

    (3)  In this regulation "chargeable services" means services provided in pursuance of any contract or arrangement for the provision of general dental services, other than—
 (a) services for which no charge may be made by virtue of section 79(1)(a) to (d) of the Act or paragraph 3(4) of Schedule 12 to the Act;
 (b) the opening by a dental practitioner of his surgery outside his normal opening hours in order to provide emergency treatment;
 (c) the attendance at the surgery of a dental practitioner providing emergency treatment of a medical practitioner or of another dental practitioner, specifically with a view to the administration of a general anaesthetic in connection with emergency treatment.

Maximum charge for general dental services
    4.    The amount of the charges payable pursuant to these Regulations in respect of all dental appliances supplied and other services provided in pursuance of any one contract or arrangement for the provision of general dental services shall not exceed £150 in the aggregate.

Making and recovery of charges
    5.—(1)  Where any charge is payable under section 78 of the Act in respect of the supply of a dental appliance the dental practitioner who, as part of general dental services, or the health authority which, under the Act, supplies or is to supply the appliance may—
 (a) on arranging to supply it, make the appropriate charge; and
 (b) on supplying it or having it available for supply, recover the appropriate charge from the patient (if it has not previously been paid).

    (2)  Where any charge is payable under section 79 of the Act in respect of a service the dental practitioner who provides or is to provide the service may—
 (a) on arranging to provide it, make the appropriate charge; and
 (b) on providing it, recover the appropriate charge from the patient (if it has not previously been paid).

More expensive supplies, remission and repayment
    6.    The charges which may be made and recovered by virtue of these Regulations are—
 (a) in addition to any charge payable under section 81 of the Act (charges for more expensive supplies)^[3];
 (b) subject to the provisions of regulations made under the Act providing for remission or repayment.

Revocation, savings and transitional
    7.—(1)  The regulations specified in column (1) of Schedule 3 are revoked to the extent specified in column (3) of that Schedule.

    (2)  These Regulations apply to the supply of a dental appliance otherwise than as part of general dental services only where the examination, or first examination, leading to the supply takes place on or after 1st April 1988; and where the examination or first examination leading to the supply takes place before 1st April 1988 the charge which may be made and recovered in respect of the supply shall be that authorised by section 78(1) of the Act at the time of that examination or first examination.

    (3)  These Regulations apply to the provision of general dental services only where the contract or arrangement leading to the supply, as part of those services, of a dental appliance or to some other provision of general dental services is made on or after 1st April 1988; and where the contract or arrangement is made before that date, the charge which may be made and recovered in respect of the supply or the other provision of general dental services shall be that authorised by section 78(1) or section 79(1) of the Act at the time when that contract or arrangement was made.

Signed by authority of the Secretary of State for Social Services.

Tony Newton

Minister of State, Department of Health and Social Security

11th March 1988

[1] 1977 c. 49; for the definitions of "prescribed" and "regulations", see section 128(1); Schedule 12 was amended by the Health Services Act 1980 (c. 53), Schedule 5, paragraphs 1 to 4 and by the Health and Social Security Act 1984 (c. 48), Schedule 1, paragraphs 2 and 3. back

[2] See S.I. 1974/455, regulation 21; the relevant amending instrument is S.I. 1987/445. back

[3] See S.I. 1973/1468, regulation 20 (the relevant amending instrument is S.I. 1980/986) and S.I. 1974/284, regulation 4. back

Explanatory Note