Changes to Scottish NHS Regulations

Dentists in general dental practice in Scotland will be familiar with the regulations (1) which have governed the provision of general dental services since 1996 and Schedule 1 of those regulations which details the Terms of Service with which dentists must comply.

However, on 2 July 2010 a set of new regulations came into force (2), being The National Health Service (General Dental Services) (Scotland) Regulations 2010 (‘the 2010 regulations') which repeal the old, familiar 1996 regulations in their entirety.

The 2010 regulations consolidate the 1996 regulations and various amending legislation introduced over the years and extend the dental list system to include, for the first time, Dental Corporate Bodies and those working as assistants in general dental practice. Traditionally, dental lists only included dentists working as ‘principals' in general practice, whether as practice owners or associates. All dentists working for Dental Corporate Bodies will be under a duty to join dental lists but inclusion will be voluntary for the Dental Corporate Bodies themselves.

These new regulations also extend the requirements for those who apply to join a dental list to demonstrate that they are fit to provide general dental services in that Health Board area. For example, the 2010 regulations grant the power to require evidence, from applicants who are nationals of an EEA state, of an appropriate knowledge of English.

Given that Dental Corporate Bodies and assistants can be included in the dental list for the first time, the 2010 regulations bring both groups, when listed, within the disciplinary arrangements currently in place, including referral, if required, to the NHS Tribunal for disqualification. The 2010 regulations also provide the power to the Health Board to suspend a dentist or body corporate from the dental list in a limited range of circumstances.

The intention of the new regulations is both to consolidate the previous regulations with the many amendments introduced over the years and also to implement the provisions of the Smoking, Health and Social Care (Scotland) Act 2005 regarding dental lists. An additional intention of the legislation is to increase the protection of patients by making all parties involved in the provision of general dental services accountable under the same regulations and also to protect NHS resourceAdditional regulations which also come in to force on 2 July 2010 (see footnote) simply amend other various other regulations and bring them into line with the current changes.

Hugh Harvie, Head of Dental Services (Scotland) for Dental Protection, said:‘The 2010 regulations provide a welcome update to the law governing the provision of general dental services in Scotland and are intended to increase the protection of patients and NHS resources alike. As a caring profession, the dental profession in Scotland can only welcome any measures intended to protect patients. They widen the existing differences in the arrangements for NHS dentistry north and south of the border, and address some areas of concern in England and Wales. Dental Protection and its increasing number of members in Scotland have a vested interest in patient protection and Dental Protection applauds any measures which have that effect. Members in Scotland can be assured of Dental Protection's support and guidance in relation to any difficulties in understanding and issues arising from the implementation of the 2010 regulations.'

Media contact
David Croser
Dental Protection
33 Cavendish Square
London W1G 0PS
T 020 7399 1397 E david.croser@mps.org.uk