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Zietsman & Anor, R (on the application of) v Dental Practice Board, Court of Appeal - Administrative Court, December 13, 2000, [2000] EWHC Admin 433

1

IN THE HIGH COURT OF JUSTICE CO/1828/1999
QUEEN'S BENCH DIVISION
(ADMINISTRATIVE COURT)

Royal Courts of Justice
Strand
London WC2

Wednesday, 13th December 2000

B e f o r e:

MR JACK BEATSON QC

(Sitting as a Deputy High Court Judge)
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THE QUEEN ON THE APPLICATION OF

(1) PAUL ZIETSMAN
(2) MARIUS SCHMULIAN

-v-

DENTAL PRACTICE BOARD

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(Computer-aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040/0171-404 1400
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)

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MR S AIREY (instructed by Titmuss Sainer Dechert, 2 Serjeants' Inn, London EC4Y 1LT) appeared on behalf of the Applicants.

MR P HAVERS, QC (instructed by Clyde & Co., 51 Eastcheap, London EC3M 1JP) appeared on behalf of the Respondent.

Judgment
As Approved by the Court
Crown Copyright ©



1. JACK BEATSON Q.C.:- Introduction: Dentists providing treatment under the NHS are required to make claims for payment to the Dental Practice Board (the "Board"). This application concerns the power of the Board to suspend consideration of such claims for payment pending the outcome of police investigations as to whether those claiming payment, in the present case orthodontists, are involved in a criminal conspiracy to defraud the NHS.

2. The Board is a statutory body established by section 37 of the National Health Service Act 1977 ("the 1977 Act") for the purpose of carrying out prescribed duties "with respect to ... dental treatment and appliances, and to the remuneration of dental practitioners providing dental services" within the NHS. Provision is made for the approval of payments by the Board and payment by it in regulation 20 of the National Health Service (General Dental Services) Regulations 1992 SI 1992 No 661 ("the Regulations"). Regulation 20(2) provides:-

"The Board shall, where it approves a claim for remuneration made by a dentist, other than a salaried dentist, in respect of

(a) care and treatment under a continuing care arrangement or a capitation arrangement;
(b) treatment on referral; or
(c) occasional treatment;

completed by the dentist, pay, in accordance with the Scale of Fees, the remuneration due to the dentist in respect of such care and treatment, treatment on referral, or occasional treatment."

Prior to 1992, the functions of the Board (then known as the Dental Estimates Board) were to approve claims for payment but not to pay them (Regulation 11 of the National Health Service (General Dental Services) Regulations 1973).

3. The claims with which this application is concerned are in respect of orthodontic treatment. Since the cost of orthodontic treatment commonly amounts to several hundred pounds for a full course of treatment, which commonly takes 2-3 years to complete, schedule 4 to the Regulations requires that all courses of orthodontic treatment which it is anticipated will cost more than £600 must be given prior approval by the Board. The Board generally proceeds on the basis of the dentist's own assessment. In the case of orthodontic treatment, regulation 20(6) of the Regulations empowers the Board to make interim payments on account pending completion of the treatment. Further, since most orthodontic treatment is provided to children who are exempt from paying a "patients charge", ...
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