Statutory Rule 1999 No. 17

The Health Services (Pilot Schemes: Dental Charges) Regulations (Northern Ireland) 1999

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© Crown Copyright 1999

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" Charges for supply of dental appliances
     2.  - (1) Subject to paragraph 2 and to regulation 5(1), a charge of the amount provided for by regulation 4 may be made and recovered in accordance with these regulations in respect of the supply under the Order of dentures and bridges.

    (2) No charge may be made and recovered under paragraph (1) in respect of - 


(a) a supply, otherwise than as part of general dental services or services under a pilot scheme, to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of the treatment for invasive tumours; or

(b) a supply, otherwise than as part of general dental services or services under a pilot scheme, to a patient for the time being resident in a hospital.



Charges for other dental services
     3.  - (1) Subject to paragraph (2) and regulation 5(2), and to Article 20(6) of the 1997 Order, a charge of the amount provided for by regulation 4 may be made and recovered in respect of the provision of services as part of general dental services or under a pilot scheme.

    (2) No charge shall be made and recovered under paragraph (1) in respect of - 



(a) the supply of a dental appliance described in regulation 2(1); or

(b) a visit by a dental practitioner to a patient; or

(c) the opening by a dental practitioner of his surgery outside his normal opening hours in order to provide treatment in an emergency; or

(d) the attendance at the surgery of a dental practitioner providing treatment in an emergency of a medical practitioner or of another dental practitioner, specifically with a view to the administration of a general anaesthetic in connection with treatment in an emergency; or

(e) treatment (including treatment under a pilot scheme) in the circumstances described in paragraph 7 or 13(2) (repair or replacement of restorations) of Schedule 2 (terms of service) to the General Dental Services Regulations.



Calculation of charges
     4.  - (1) Subject to paragraphs (4) and (5), the amount of the charge which may be made and recovered under regulations 2(1) and 3(1) is 80% of the Statement remuneration (rounded down, where necessary, to the nearest whole penny).

    (2) In these Regulations "Statement remuneration" means - 



(a) in relation to the supply (whether or not as part of general dental services) of an appliance described in regulation 2(1), the remuneration provided for by the Statement of Dental Remuneration as that payable to a dental practitioner for the supply of an appliance of that type;

(b) in relation to the provision of services described in regulation 3(1), the total amount provided for by that Statement as that payable to the dental practitioner for the provision of those services, but where a patient has been accepted by the dental practitioner under a continuing care arrangement or a capitation arrangement or for treatment on referral, does not include the payment which, in accordance with that Statement, falls to be made to the dentist in respect of such an arrangement or referral.



    (3) For the purposes of paragraph (2), where the Statement remuneration for any service is a fee of such amount as the Committee may in its discretion approve, whether or not subject to a maximum, the amount is - 



(a) if the Committee has approved a fee for the service, the amount of the fee so approved, notwithstanding any subsequent variation of that amount on appeal;

(b) if the Committee has refused to approve a fee for the service, the amount of any fee authorised for it on appeal.



    (4) Where a dental practitioner - 



(a) has, under an arrangement for the provision of general dental services or services under a pilot scheme, begun to provide for a patient services which include the supply of an appliance described in regulation 2(1); and

(b) has referred that patient, for the supply of that appliance otherwise than as part of general dental services or services under a pilot scheme, to a Board or HSS trust or to a person or body pursuant to arrangements made under Article 71 of the Order, the amount of the charge for that supply shall be calculated in accordance with Schedule 1, and the dental practitioner shall provide the Board, HSS trust or other person or body with a written statement of the amounts mentioned in sub-paragraphs (a) and (b) of paragraph 1 of that Schedule.



    (5) The amount of the charges payable under regulations 2(1) and 3(1) in respect of all dental appliances supplied and other services provided in pursuance of any one contract or arrangement shall not exceed £340 in the aggregate.".

    (3) In regulation 5 of the principal Regulations, - 

(a) in paragraph (1), for the words "paragraph 19a)(iaa) of Schedule 15 to the Order" there shall be substituted the words "regulation 2(1)"; and

(b) in paragraph (2), for the words "paragraph 1(a)(ia) of Schedule 15 to the Order" there shall be substituted the words "regulation 3(1)".

    (4) Regulation 6 of the principal Regulations shall be amended as follows - 

(a) in paragraphs (1) and (2), after the words "general dental services" there shall be inserted the words "or services provided under a pilot scheme"; and

(b) in paragraph (2)(a), after the words "claim for remuneration or estimate" there shall be inserted the words "or, in the case of services provided under a pilot scheme, on a form to the like effect,".

    (5) Regulation 7 of the principal Regulations shall be amended as follows - 

(a) in paragraph (1) - 


(i) for the words "paragraph 1(a)(iaa) of Schedule 15 to the Order" there shall be substituted the words "regulation 2(1)", and

(ii) after the words "general dental services" there shall be inserted the words "or services provided under a pilot scheme";



(b) in paragraph (2) - 



(i) after the words "general dental services" there shall be inserted the words "or services under a pilot scheme",

(ii) for the words "Schedule 15 to the Order" there shall be substituted the words "regulation 2(1) or 3(1)", and

(iii) for sub-paragraph (b) there shall be substituted - 


" (b) shall require the patient to acknowledge, on the appropriate part of the claim for remuneration or estimate, or, in the case of services provided under a pilot scheme, on a form to the like effect, and before that claim or estimate or form to the like effect is sent to the Agency, his obligation to pay the charge;".

    (6) In regulation 9(1) of the principal Regulations, for the words "by Schedule 15 to the Order" there shall be substituted the words "under regulation 2(1)".

    (7) In regulation 10(1) of the principal Regulations, after the words "general dental services" there shall be inserted the words "or services under a pilot scheme".

    (8) In regulation 11 of the principal Regulations, after the words "general dental services" there shall be inserted the words "or services under a pilot scheme".

    (9) In regulation 13 of the principal Regulations, paragraphs (2), (3) and (4) are hereby revoked.

    (10) Schedule 1 to the principal Regulations shall be amended as follows - 

(a) in paragraph 1(a), after the word "charges" there shall be inserted the words "payable under regulations 2(1) and 3(1)";

(b) in paragraph 1(b), after the word "charges" there shall be added the words "payable under those regulations,".

    (11) In paragraph 2 of Schedule 4 to the principal Regulations, for the words "the matter referred" there shall be substituted the words "any matter referred to it under paragraph 1 or, in the case of services provided under a pilot scheme, any such matter coming to its attention,".



Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

Joan Dixon
Assistant Secretary

18th January 1999.



Sealed with the Official Seal of the Department of Finance and Personnel in so far as the foregoing regulations relate to Article 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 on

L.S.

J.G. Sullivan
Assistant Secretary

18th January 1999.



The Department of Finance and Personnel hereby approved the foregoing regulations in so far as they relate to Schedule 15 to the Health and Personal Social Services (Northern Ireland) Order 1972.



Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.

J.G. Sullivan
Assistant Secretary

18th January 1999.

[2] S.I. 1997/1177 (N.I. 7)back

[3] Formerly Department of Finance: see S.I. 1982/338 (N.I. 6), Article 3back

[4] S.R. 1989 No. 111; relevant amending regulations are S.R. 1990 No. 342, S.R. 1996 No. 106, S.R. 1997 No. 111 and S.R. 1998 No. 93back

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