The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

• (a) in paragraph (i), after “primary medical services” insert “, primary dental services,”; and

• (b) after paragraph (i), omit the word “or” and paragraph (ii).

• (4) In regulation 3 (consultation on amendment of a PCT order or dissolution), in sub-paragraph (d) of paragraph (4)—

• (a) in paragraph (i), after “primary medical services” insert “primary dental services,”; and

• (b) after paragraph (i), omit the word “or” and paragraph (ii).

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

8

• (1) The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000⁴³ shall be amended as provided in this paragraph.

• (2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

• (a) omit the definition of “the 1997 Act”;

• (b) in the definition of “health service body”, omit “or pilot scheme health service body”;

• (c) in the definition of “nurse”—

• (i) for paragraphs (a) and (b) substitute—

(a) is a party to a general dental services contract under section 28K of the Act or to a PDS agreement; (b) is employed by a provider of primary dental services under Part 1 of the Act to assist in the provision of those services;

, and

• (ii) omit paragraph (d);

• (d) in the definition of “Part II services”, omit “general dental services,”;

• (e) before the definition of “PMS Agreement”, insert ““PDS Agreement” means an agreement made under section 28C of the Act for the provision of primary dental services;”;

• (f) in the definition of “PMS Agreement”, after “means an agreement” insert “for the provision of primary medical services”; and

• (g) omit the definition of “pilot scheme health service body”.

• (3) In regulation 5 (disqualification for appointment: chairman and non-officer members), in paragraph (1)—

• (a) in sub-paragraph (g)—

• (i) in paragraph (i), after “primary medical services,” insert “primary dental services,”, and

• (ii) omit paragraph (ii); and

• (b) in sub-paragraph (i), omit “or a pilot scheme health service body”.

The National Health Service (Charges for Drugs and Appliances) Regulations 2000

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Health Services Appeal Authority (Procedure) Rules 2001

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002

11

In the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002⁴⁴, omit regulation 10.

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002

12

In the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002⁴⁵—

• (a) omit regulation 4 (functions relating to pilot schemes);

• (b) in regulation 6 (limitations and restrictions on the exercise of functions relevant to both Strategic Health Authorities and Primary Care Trusts)—

• (i) in paragraph (1), for “regulations 3 and 4”, substitute “regulation 3”, and

• (ii) in paragraph (2)(b), omit the words from “and” to “or”;

• (c) in Part 1 of Schedule 1 (Secretary of State Functions Exercisable by Strategic Health Authorities and by Primary Care Trusts), for the entry in column 2 relating to section 26(2) of the 1977 Act, substitute “Supplying prescribed goods, materials or other facilities to persons providing general ophthalmic services or pharmaceutical services or providing services under a general medical services contract or a general dental services contract or in accordance with section 28C arrangements or providing local pharmaceutical services”; and

• (d) in the Table in Schedule 3 omit the entry for the 1997 Act in column 1 and the corresponding entry in column 2.

The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

13

In the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002⁴⁶—

• (a) in Schedule 1 (amendments consequential on Part 1 of the National Health Service Reform and Health Care Professions Act 2002), omit paragraphs 56, 81 and 93;

• (b) in the table in Schedule 5 (enactments where after “Health Authority”, “Health Authorities” or “Health Authority’s there is inserted “or Primary Care Trust”, “or Primary Care Trusts” or “or Primary Care Trust's)⁴⁷, omit the entry relating to—

• (i) the National Health Service (General Dental Services) Regulations 1992, and

• (ii) the Dental Practice Boards (Personal Dental Services) Regulations 1998;

• (c) in the table in Schedule 6 (enactments where after “Health Authority” there is inserted “, Primary Care Trust”), omit the entry relating to the National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998; and

• (d) in the table in Schedule 7 (enactments where for “Health Authority”, “District Health Authority”, “Health Authorities” or “Health Authority's” there is substituted “Primary Care Trust”, “Primary Care Trusts” or “Primary Care Trust's”), omit the entry relating to the—

• (i) National Health Service (General Dental Services) Regulations 1992, and

• (ii) National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001.

The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002

14

In regulation 4 of the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002⁴⁸ (consultation of committees), omit paragraph (2)(b).

The Patients' Forums (Functions) Regulations 2003

15

In regulation 3(3) of the Patients' Forums (Functions) Regulations 2003⁴⁹ (entry and inspection of premises)—

• (a) insert after sub-paragraph (da)—

(db) persons providing primary dental services under Part 1 of the Act;

; and

• (b) in sub-paragraph (e), omit “or under a personal dental services pilot scheme established under Part 1 of the National Health Service (Primary Care) Act 1997”.

The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

16

• (1) The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003⁵⁰ is amended in accordance with this paragraph.

• (2) In regulation 2 (interpretation), in the appropriate alphabetical place insert the terms “course of treatment”, “urgent course of treatment” and “relevant primary dental services” and insert after each of those terms “has the meaning given to it in regulation 2(1) of the National Health Service (Dental Charges) Regulations 2005⁵¹”.

• (3) In regulation 3(1)(a) (NHS travel expenses)⁵²—

• (a) after “primary medical services”, insert “or primary dental services”; and

• (b) omit the words “or personal dental services provided under section 28C of the Act”.

• (4) In regulation 4(1) (remissible NHS charges), for sub-paragraphs (b) and (c) substitute—

(b) in accordance with regulations made under section 79 of the Act in respect of charges for relevant dental services)

• (5) In regulation 5(3) (entitlement to full remission payment), for sub-paragraph (c) substitute—

(c) in the case of a charge for relevant dental services— (i) the arrangements for the treatment or urgent course of treatment under the Act are made, (ii) the arrangements for the supply of dentures or other dental appliances under the Act otherwise than as part of relevant primary dental services are made, or (iii) the charge is made.

• (6) In regulation 6 (entitlement to partial remission and payment), for paragraph (4) substitute—

(4) In the case of a NHS Charge for relevant dental services, the charge which is partially remissible under this regulation and which must be used for the purposes of the calculation required under paragraph (3)(a) is the charge made— (a) for one course of treatment or urgent course of treatment, including any charge made for a denture or other dental appliance supplied in that course of treatment; or (b) for the supply of dentures or other dental appliances under the Act otherwise than as part of relevant primary dental services.

The Delayed Discharges (England) Regulations 2003

17

In regulation 2 of the Delayed Discharges (England) Regulations 2003⁵³ (interpretation), in the definition of “health service body”, for paragraph (d) substitute—

(d) a contractor who is regarded as a health service body pursuant to regulation 9 of the National Health Service (Personal Medical Services Agreements) Regulations 2004⁵⁴ or regulation 9 of the National Health Service (Personal Dental Services Agreements) Regulations 2005⁵⁵;

The National Health Service (General Medical Services etc) (Patients' Forums) Amendment Regulations 2003

18

In the National Health Service (General Medical Services etc) (Patients' Forums) Amendment Regulations 2003⁵⁶, omit regulation 3 (amendment of the General Dental Services Regulations).

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

19

In the table in Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004⁵⁷ (enactments where after “National Health Service Trust” or “NHS Trust” there is inserted “NHS Foundation Trust”, omit the entry relating to the National Health Service (General Dental Services) Regulations 1992.

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

20

In Schedule 1 to the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004⁵⁸, omit paragraph 9 (the National Health Service (General Dental Services) Regulations 1992).

The National Health Service (Complaints) Regulations 2004

21

In regulation 2 of the National Health Service (Complaints) Regulations 2004⁵⁹ (interpretation)—

• (a) in paragraph (1), insert the following definition in the appropriate alphabetical place—

• “general dental services contractor” means a person who has entered into a general dental services contract with a Primary Care Trust in accordance with section 28K of the 1977 Act;

; and

• (b) in paragraph (2), for sub-paragraphs (d) and (e) substitute—

(d) a general dental services contractor; (e) a person who provides primary dental services in accordance with arrangements made under section 28C of the 1977 Act;

The Special Health Authorities Abolition Order 2005

22

In Schedule 2 to the Special Health Authorities Abolition Order 2005⁶⁰ (amendments consequential on the abolition of the Special Health Authorities), omit paragraph 5 (the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003).

The National Health Service (Pharmaceutical Services) Regulations 2005

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE ABOLITION OF THE BOARD

The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

1

In the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002⁶¹, in Schedule 1 omit paragraph 55.

The Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003

2

In the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003⁶²—

• (a) for the heading to article 2, there shall be substituted “Special Health Authorities”; and

• (b) in Schedule 1, the words “Dental Practice Board” shall be omitted.

The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003

3

In regulation 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003⁶³ (repayments), omit paragraph (4).

The Community Health Councils Regulations 2004

4

In regulation 9 of the Community Health Councils Regulations 2004⁶⁴ (disqualification for membership), omit paragraph (2)(h).

The Medicines for Human Use (Clinical Trials) Regulations 2004

5

In regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004⁶⁵ (interpretation), in the definition of “health service body”, omit paragraph (e).

SCHEDULE 3 — REVOCATIONS

	Regulations revoked	References	Extent of revocation
1.	The National Health Service (General Dental Services) (Miscellaneous Amendments) Regulations 1990	S.I. 1990/1	The whole Regulations
2.	The National Health Service (Dentists' Remuneration – Special Arrangement) Order 1991	S.I. 1991/580	The whole Regulations
3.	The Dental Practice Board Regulations 1992	S.I. 1992/655	The whole Regulations
4.	The National Health Service (General Dental Services) Regulations 1992	S.I. 1992/661	The whole Regulations
5.	The National Health Service (General Dental Services) Amendment Regulations 1992	S.I. 1992/1509	The whole Regulations
6.	The National Health Service (General Dental Services) Amendment Regulations 1993	S.I. 1993/2209	The whole Regulations
7.	The National Health Service (General Dental Services) Amendment (No.2) Regulations 1993	S.I. 1993/3172	The whole Regulations
8.	The National Health Service (General Dental Services) Amendment Regulations 1995	S.I. 1995/3092	The whole Regulations
9.	The National Health Service (General Dental Services) Amendment Regulations 1996	S.I. 1996/704	The whole Regulations
10.	The Health Authorities Act 1995 (Transitional Provisions) Order 1996	S.I. 1996/709	Article 18
11	The National Health Service (General Dental Services) Amendment (No.2) Regulations 1996	S.I. 1996/2051	The whole Regulations
12.	The National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997	S.I. 1997/2289	The whole Regulations
13.	The National Health Service (Pilot Schemes – Health Service Bodies) Regulations 1997	S.I. 1997/2929	The whole Regulations
14.	The National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Amendment Regulations 1998	S.I. 1998/3	The whole Regulations
15.	The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998	S.I. 1998/646	The whole Regulations
16.	The National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1998	S.I. 1998/1330	The whole Regulations
17.	The National Health Service (General Dental Services) Amendment Regulations 1998	S.I. 1998/1648	The whole Regulations
18.	The National Health Service (Choice of Dental Practitioner) Regulations 1998	S.I. 1998/2222	The whole Regulations
19.	The Dental Practice Boards (Personal Dental Services) Regulations 1998	S.I. 1998/2223	The whole Regulations
20.	The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998	S.I. 1998/2224	The whole Regulations
21.	The National Health Service (General Dental Services) Amendment Regulations 2000	S.I. 2000/2459	The whole Regulations
22.	The National Health Service (General Dental Services) Amendment Regulations 2001	S.I. 2001/289	The whole Regulations
23.	The National Health Service (General Dental Services) Amendment (No.2) Regulations 2001	S.I. 2001/705	The whole Regulations
24.	The National Health Service (General Dental Services) Amendment (No.3) Regulations 2001	S.I. 2001/1677	The whole Regulations
25.	The National Health Service (Functions of Health Authorities) (General Dental Services Incentive Schemes) Regulations 2001	S.I. 2001/1678	The whole Regulations
26.	The National Health Service (General Dental Services) Amendment (No.4) Regulations 2001	S.I. 2001/1746	The whole Regulations
27.	The National Health Service (General Dental Services) Amendment (No.5) Regulations 2001	S.I. 2001/2421	The whole Regulations
28.	The National Health Service (General Dental Services) Amendment (No.6) Regulations 2001	S.I. 2001/3741	The whole Regulations
29.	The National Health Service (General Dental Services) Amendment (No.7) Regulations 2001	S.I. 2001/3963	The whole Regulations
30.	The National Health Service (General Dental Services) Amendment Regulations 2002	S.I. 2002/558	The whole Regulations
31.	The National Health Service (General Dental Services Supplementary List and (General Dental Services) Amendment Regulations 2003	S.I. 2003/250	The whole Regulations
32.	The National Health Service (General Dental Services) and (General Dental Services Supplementary List) Amendment Regulations 2003	S.I. 2003/1702	The whole Regulations

Signed

Signed by authority for the Secretary of State for Health

Rosie Winterton — Minister of State, — Department of Health — Date 3rd March 2006

Explanatory note

(This note is not part of the Order)

This Order makes further transitional and consequential provision relating to—

• (a) the new arrangements from 1st April 2006 for the provision of general dental services under section 28L of the National Health Service Act 1977 (“the 1977 Act”) in respect of general dental services contracts entered into under section 28K of that Act (as inserted by section 172(1) of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”));

• (b) the abolition on 1st April 2006 of pilot schemes for personal dental services by section 178 of the 2003 Act and their replacement from 1st April 2006 with permanent arrangements for personal dental services under section 28C of the 1977 Act (personal medical or dental services); and

• (c) the abolition on 1st April 2006 of the Dental Practice Board (“the Board”) by section 181 of the 2003 Act and the transfer of its functions to the NHS Business Services Authority.

Part 2 of the Order makes transitional provision in respect of general dental services provided before 1st April 2006. Article 4 makes provision in respect of applications made before 1st April 2006 for general dental services to be treated as applications for services under a General Dental Services Contract (“GDS contract”) or Personal Dental Services Agreement (“PDS agreement”). Articles 5 and 6 make provision in respect of complaints pending on or made after 1st April 2006. Articles 7 and 10 to 15 make transitional provision in respect of patient information leaflets, emergency dental service, repair and replacement of restorations, service of documents, violent patients, referrals and inability to complete treatment. Articles 8 and 9 make provision in respect of payments and recovery of payments relating to periods before 1st April 2006.

Part 3 of the Order makes transitional provision in respect of personal dental services provided before 1st April 2006. Article 20 makes provision in respect of applications made before 1st April 2006 for personal dental services to be treated as applications for services under a PDS agreement or a GDS contract. Articles 21 and 22 make provision in respect of complaints pending on or made after 1st April 2006. Articles 23 and 26 to 30 make transitional provision in respect of patient information leaflets, violent patients, repair and restorations, provision of information, records and disputes. Articles 24 and 25 make provision in respect of recovery of payments and the remuneration of pilot scheme providers.

Part 4 makes transitional arrangements in relation to the National Health Service (Service Committees and Tribunals) Regulations 1992 which are also amended in Schedule 1.

Part 5 makes transitional provisions in relation to the abolition of the Board and the transfer of its functions to the NHS Business Services Authority.

Part 6 and the Schedules make miscellaneous, minor and consequential amendments and revocations.

A Regulatory Impact Assessment has been prepared in respect of the National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373) and the National Health (General Dental Service Contracts) Regulations 2005 (S.I. 2005/3361) and copies have been placed in the library of each House of Parliament. A copy of the Regulatory Impact Assessment can be obtained from www.dh.uk/ria.

Footnotes

Editorial notes