The Health Services (Choice of Dental Practitioner) Regulations (Northern Ireland) 1998

Made: 10th November 1998

Coming into operation: 1st April 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 15F(1) and (2), 95 and 106(b) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00001], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Health Services (Choice of Dental Practitioner) Regulations (Northern Ireland) 1998 and shall come into operation on 1st April 1999.

• (2) In these Regulations–

• “the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997[^f00002];

• “the Agency” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “capitation arrangement” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “care and treatment” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “continuing care arrangement” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “dental payment claim form” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “dentist” means a dental practitioner;

• “estimate” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “general dental services” has the meaning given in Article 61(1) of the Health and Personal Social Services (Northern Ireland) Order 1972;

• “the GDS Regulations” means the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993[^f00003];

• “medical card” has the meaning assigned to it in regulation 2 of the GDS Regulations;

• “personal dental services” has the meaning assigned to it in Article 3(7) of the 1997 Order;

• “pilot scheme” has the meaning assigned to it in Article 3(1) of the 1997 Order;

• “practice premises” means any premises, including any mobile surgery, at which primary dental services are provided; and

• “practice record form” has the meaning assigned to it in regulation 2 of the GDS Regulations.

• “primary dental services” has the meaning assigned to it in Article 15F(3) of the Health and Personal Social Services (Northern Ireland) Order 1972.

Procedure for choosing a dentist

2

• (1) Subject to the provisions of this regulation and regulation 3, any person who wishes to receive primary dental services may choose the dentist from whom he is to receive those services (being a dentist who provides general dental services or who performs personal dental services under a pilot scheme) and make an application to that dentist. The person shall produce to the dentist his medical card and shall complete so far as is applicable that part of the dental payment claim form or practice record form or estimate together with such declaration as may be required by the Agency relating to eligibility for primary dental services.

• (2) A dentist may decline an application which is made under paragraph (1).

• (3) A dentist who provides general dental services may not–

• (a) provide care and treatment under a continuing care arrangement for a person under the age of 18, although such a person may apply to a dentist for treatment under such an arrangement with that dentist, to commence from the date on which he attains the age of 18,–

• (i) at any time during the month before he attains the age of 18 provided that he is not immediately before that date receiving care and treatment under a capitation arrangement with that dentist, or

• (ii) where he is receiving care and treatment under a capitation arrangement with a dentist, at any time after he attains the age of 17;

• (b) provide care and treatment under a capitation arrangement for a person who has attained the age of 18;

• (c) enter into a capitation arrangement with a person during the month before he attains the age of 18.

• (4) An application which is made under paragraph (1) shall be made–

• (a) in person by the person wishing to receive primary dental services, or on his behalf in any of the circumstance set out in regulation 3; and

• (b) at the dentist’s practice premises, unless the person making the application is unable to attend those premises owing to illness or any other reasonable cause.

Exercise of choice of dentists in certain cases

3

An application may be made (otherwise than by the dentist concerned) under regulation 2(1)–

• (a) on behalf of any person under the age of 16, by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child; or

• (b) on behalf of any person under 18 years of age who is—

• (i) in the care of an authority in whose care he has been placed under the provisions of the Children (Northern Ireland) Order 1995[^f00004], by a person duly authorised by that authority; or

• (ii) in the care of a voluntary organisation, by that voluntary organisation or a person duly authorised by it; or

• (iii) in a training school, by the manager of that training school; or

• (c) on behalf of any person who is incapable of making such an application, by a relative or other adult person who has an interest in the welfare of that person.

Revocation

4

Part III of the GDS Regulations (method of obtaining general dental services) is hereby revoked.

Signed

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

Joan Dixon — Assistant Secretary — 10th November 1998.

Explanatory note

(This note is not part of the Regulations.)

These Regulations revoke and replace provisions of the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993, as amended, (“the GDS Regulations”) relating to the right (which from 1st April 1999 is set out in Article 15F of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order”)) of any person to choose a dentist from whom he is to receive primary dental services.

The Regulations make provisions both in relation to dentists who provide general dental services under Part VI of the 1972 Order, and in relation to dentists who perform personal dental services in connection with a pilot scheme under Article 3(1) of the Health Services (Primary Care) (Northern Ireland) Order 1997.

Regulation 2 specifies the procedures for applying for primary dental services, subject to the dentist’s consent. Regulation 3 sets out the circumstances in which an application for primary dental services may be made on behalf of someone else. Regulation 4 revokes the provisions of the GDS Regulations which these Regulations replace.

Footnotes

[^f00001]: S.I. 1972/1265 (N.I. 14). Article 15F was inserted by Article 24 of S.I. 1997/1177 (N.I. 7)

[^f00002]: S.I. 1997/1177 (N.I. 7)

[^f00003]: S.R. 1993 No. 326; as amended by S.R. 1993 No. 401, S.R. 1995 No. 488, S.Rs. 1996 Nos. 114 and 382 and S.R. 1998 No. 245

[^f00004]: S.I. 1995/755 (N.I. 2)

Editorial notes

[^key-847265014398b3dfe23f7c7e90eebbd8]: Reg. 1 in operation at 1.4.1999, see reg. 1(1)

[^key-6a58618e99d135266a2696117c1007b2]: Reg. 2 in operation at 1.4.1999, see reg. 1(1)

[^key-c1ec56a8115e811ac77cec1ece882b1c]: Reg. 3 in operation at 1.4.1999, see reg. 1(1)

[^key-365efba8b3cfbf0f62995454b21d238d]: Reg. 4 in operation at 1.4.1999, see reg. 1(1)

[^key-989bba6b8e0f74beb65639f8a5c5e9bc]: Words in reg. 1(2) inserted (6.12.1999) by The Health Services (Choice of Dental Practitioner) (Amendment) Regulations (Northern Ireland) 1999 (S.R. 1999/441), regs. 1(1), 2

[^key-b43a2adb6cd3bf735bd890727253d102]: Words in reg. 2(1) inserted (6.12.1999) by The Health Services (Choice of Dental Practitioner) (Amendment) Regulations (Northern Ireland) 1999 (S.R. 1999/441), regs. 1(1), 3