Statutory Instruments
1998 No. 2223

NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The Dental Practice Boards (Personal Dental Services) Regulations 1998

Made
10th September 1998

Laid before Parliament
10th September 1998

Coming into force
1st October 1998

The Secretary of State for Health, in exercise of powers conferred on him by sections 17 and 39(2) of the National Health Service (Primary Care) Act 1997(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 Dental Practice Boards (Personal Dental Services) Regulations 1998 and shall come into force on 1st October 1998.

(2) In these Regulations–

“the Act” means the National Health Service (Primary Care) Act 1997;

“the Board” has the meaning given in section 17(6) of the Act;

“pilot patient” means a person who receives personal dental services(2) under a pilot scheme(3);

“pilot scheme provider” means a person, other than an authority(4), who is a party to a pilot scheme;

“prior approval system” means a system which requires a pilot scheme provider to submit to an authority for approval a description of the dental treatment a dental practitioner who performs personal dental services is proposing to carry out.

Functions exercisable in accordance with Directions

2.—(1) For the purposes of section 17(3)(a), (b) and (c) of the Act, the three functions set out in paragraphs (2), (3) and (4) are functions which the Board shall carry out in accordance with directions given by the Secretary of State under section 17(4) of the Act.

(2) The first function is that of collecting and verifying information, preparing statistics and reports and conducting or commissioning surveys or other research relating to the provision of personal dental services.

(3) The second function is that of monitoring the provision of personal dental services by carrying out examinations of pilot patients (with their consent) and by such other means as may be specified in directions given by the Secretary of State to the Board under section 17(4) of the Act.

(4) The third function is, when such a function is delegated to the Board pursuant to paragraph (5), that of making payments to pilot scheme providers on behalf of a Health Authority in England and Wales, or that of approving payments to pilot scheme providers on behalf of a Health Board in Scotland.

(5) For the purposes of paragraph (4), a Health Authority may delegate to the Dental Practice Board its function of making payments to pilot scheme providers and a Health Board may delegate to the Scottish Dental Practice Board its function of approving payments to pilot scheme providers.

Prior approval

3.—(1) An authority may delegate to the Board any function it may have to operate a prior approval system, and where such a function is so delegated the Board shall perform it on behalf of the authority.

(2) Where the Board operates a prior approval system as set out in paragraph (1) it shall send to the pilot scheme provider a copy of any correspondence it sends to the dental practitioner who is to perform the personal dental services which are subject to the prior approval.

Overpayments

4.  An authority may delegate to the Board any function it may have in relation to the recovery of payments made to a pilot scheme provider owing to an error or in circumstances where it was not due, and where such a function is so delegated the Board shall perform it on behalf of the authority.

Superannuation

5.  A Health Authority may delegate to the Dental Practice Board its function of collecting any superannuation contribution payable in respect of any pilot scheme provider and of sending such contribution to the NHS Pensions Agency, and where such a function is so delegated the Dental Practice Board shall collect such superannuation contributions on behalf of the Health Authority.

Monitoring dental treatment

6.  The Board may direct a dental practitioner who performs personal dental services to submit to the Board, in relation to treatment or a description of treatment that he has carried out or proposes carrying out, such information (including radiographs, models and other items) as is requested by the Board.

Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th September 1998

Explanatory Note

(This note is not part of the Regulations)
These Regulations give both the Dental Practice Board, for England and Wales, and the Scottish Dental Practice Board various functions in relation to pilot schemes for personal dental services.
The Dental Practice Boards (“the Boards”) are given three functions which are to be carried out in accordance with Directions given by the Secretary of State under section 17(4) of the National Health Service (Primary Care) Act 1997. First, the Boards are given the function of collecting and collating information, producing statistics and reports and commissioning and carrying out surveys or research relating to the provision of personal dental services. Secondly, they are given the function of examining patients and carrying out further probity checks in any other way directed by the Secretary of State. Thirdly, where so requested, they are given the function of (in England and Wales) making payments or (in Scotland) approving payments to providers of personal dental services on behalf of a Health Authority in England and Wales or a Scottish Health Board (“an authority”).
The Boards are also given the functions, where so requested by an authority, of operating a prior approval system and of recovering overpayments on behalf of such an authority. The Dental Practice Board is also given the function in England and Wales, where so requested by a Health Authority, of collecting superannuation payments on behalf of the Health Authority.
The Boards are also given the power to request dental practitioners performing personal dental services to submit information about the treatment that has been given to patients.
Copies of the Directions to the Dental Practice Board which are referred to in regulation 2 may be obtained from:

Primary Care Division—Dental and Optical Services

Room 318

Richmond House

79 Whitehall

London SW1A 2NS

Copies of the Directions to the Scottish Dental Practice Board which are referred to in regulation 2 may be obtained from:

Directorate of Primary Care

Room 57B

St Andrews House

Edinburgh EH1 3DG

These Regulations impose no costs on business.


(1)
1997 c. 46.

(2)
“Personal dental services” is defined in section 1(8) of the Act.

(3)
“Pilot scheme” is defined in section 1(1) of the Act.

(4)
“Authority” is defined in section 1(8) of the Act.