---
title: "The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026"
id: 7efff57d-abd1-4dc9-bf9f-0325391aef8b
authority: uk
place: "United Kingdom"
applies_also_from: []
kind: regulation
in_force: true
publisher_url: https://www.legislation.gov.uk/uksi/2026/265
attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
solon_url: https://solon.orangecat.ch/law/7efff57d-abd1-4dc9-bf9f-0325391aef8b
language: en
in_force_from: 2026-04-01
date_basis: publisher
status: consolidated
source_url: https://www.legislation.gov.uk/uksi/2026/265/data.xml
read_on: 2026-11-10
sha256: e635a1d519e619f7eb401ee21101f0cf37f887180ec1ad23c2e758975cc7194a
provisions: 19
---

# The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026

## Title and introductory text {#prelims}

2026 No. 265
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026
Made
9th March 2026
Laid before Parliament
10th March 2026
Coming into force
1st April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 99(5) and (6), 101, 104(1), (2) and (3), 109(1) and (3), 176(1) and (2)(a) and 272(7) and (8) of the National Health Service Act 2006.

## 1 Citation, commencement and extent {#regulation-1}

(1) These Regulations may be cited as the National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2026.
(2) These Regulations come into force on 1st April 2026.
(3) These Regulations extend to England and Wales.

## 2 Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005 {#regulation-2}

The National Health Service (General Dental Services Contracts) Regulations 2005 are amended in accordance with regulations 3 to 7.

## 3 Amendment to regulation 2 (interpretation) {#regulation-3}

(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a) in the definition of “complete”, in sub-paragraph (a)(i), for the words after “(treatment plans),” to the end of that sub-paragraph substitute
—
where the treatment is a standalone fluoride varnish treatment, that single treatment has been provided;
in every other case, all the treatment recommended to, and agreed with, the patient by the contractor at the initial examination and assessment of that patient has been provided to the patient; or
;
(b) in the definition of “course of treatment”, in the words after sub-paragraph (b)(ii), for the words beginning with “where the course of treatment is an interim care course of treatment” to the end, substitute “in the case of a standalone fluoride varnish treatment, it does not include the steps mentioned in sub-paragraph (a)”;
(c) in the definition of “urgent treatment”—
(i) in sub-paragraph (a)—
(aa) for “provided” substitute “clinically necessary”;
(bb) for “, or the person is in severe pain by reason of his oral condition; and” substitute “, or the person’s presentation indicates a need for treatment within seven days; and”;
(ii) in sub-paragraph (b), for “address that severe pain; and” substitute “treat that need”;
(d) omit the definition of “working day”;
(e) in the appropriate places insert—
“fluoride varnish treatment” means the surface application of topical fluoride varnish;
“monetary value of a unit of dental activity” means the relevant contract value divided by the total number of units of dental activity to be provided by the contractor in a financial year, but excluding those units of dental activity that relate to sedation services and domiciliary services;
“relevant contract value” means the amount agreed under the contract to be paid by NHS England to the contractor for the services that are required to be provided in a financial year, excluding dental public health services, orthodontic services, sedation services and domiciliary services;
“relevant contractor” has the meaning given by regulation 17A(7);
“required number of urgent treatments” has the meaning given in regulation 17A(1) and (2);
“standalone fluoride varnish treatment” means a course of treatment comprising a single fluoride varnish treatment in circumstances where—
the treatment is delivered to a patient, who is a child, by a dental nurse in accordance with a prescription issued by a dental practitioner;
a dental practitioner, dental therapist or dental hygienist, having conducted an initial assessment and examination as part of another banded course of treatment, has produced a schedule for the provision of—
a single fluoride varnish treatment; or
a number of fluoride varnish treatments to be applied at regular intervals;
each scheduled treatment is a single course of treatment to be delivered as part of that schedule and does not include examination and assessment; and
where a number of treatments is scheduled, each interval in the schedule is not less than three months;
.

## 4 Insertion of regulation 17A (required number of urgent treatments) {#regulation-4}

After regulation 17 insert—
Required number of urgent treatments
17A (1) A contract with a relevant contractor must specify the required number of urgent treatments the contractor must complete in each financial year.
(2) Subject to paragraphs (3), (4) and (6), the required number of urgent treatments is calculated as follows, and rounded up to the nearest integer—
U
T
=
R
C
V
£
10
,
000
×
11
where—
“RCV” means the relevant contract value;
“UT” means the required number of urgent treatments.
(3) Subject to paragraph (4), NHS England may, during the period beginning with 30th October and ending with 31st March, reduce the required number of urgent treatments for that financial year.
(4) Any reduction in the required number of urgent treatments in accordance with paragraph (3) must not exceed 15% of the number required to be specified under paragraph (1).
(5) Any reduction by NHS England in the required number of urgent treatments under paragraph (3) must be communicated to the relevant contractor in writing.
(6) If the RCV is adjusted at any time in the financial year, the required number of urgent treatments under paragraph (1) must be recalculated in accordance with paragraph (2) and adjusted accordingly.
(7) In this regulation—
“community dental services” has the meaning given by regulation 5 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012;
“pre-2006 child-only contractor” means a contractor who—
entered into the contract before 1st April 2006, and
only provides dental services to children under that contract;
“relevant contractor” means a contractor who provides primary dental services other than—
a contractor who is required to provide 99 or fewer units of dental activity every financial year under the contract;
a contractor who only provides community dental services;
a pre-2006 child-only contractor;
a contractor who only provides either or both of the following—
dental public health services;
dental services in a prison.

## 5 Amendment to regulation 19 (under provision of units of dental activity or units of orthodontic activity) {#regulation-5}

In regulation 19 (under provision of units of dental activity or units of orthodontic activity)—
(a) in the heading, for “or units of orthodontic activity” substitute “, units of orthodontic activity or required number of urgent treatments”;
(b) in paragraph (1), after “regulation 17” insert “, 17A”;
(c) in paragraph (2)—
(i) in sub-paragraph (a), after “activity” insert “, excluding the units the contractor would have provided if they provided the required number of urgent treatments”;
(ii) omit the “or” after sub-paragraph (a);
(iii) at the end of sub-paragraph (b) insert “or”;
(iv) after sub-paragraph (b) insert—
(c) the required number of urgent treatments,
;
(v) after “regulation 17” insert “, 17A”;
(vi) in paragraph (i)—
(aa) after “dental activity” insert “referred to in sub-paragraph (a)”;
(bb) for “or units of orthodontic activity” substitute “, units of orthodontic activity or the required number of urgent treatments”;
(vii) in paragraph (ii), after “units” insert “or urgent treatments”.

## 6 Amendment to Schedule 2 (provision of services: units of dental activity and units of orthodontic activity) {#regulation-6}

(1) Schedule 2 (provision of services: units of dental activity and units of orthodontic activity) is amended as follows.
(2) In Table A—
(a) in the first entry in the first column (type of course of treatment), after “excluding urgent treatment” insert “and standalone fluoride varnish treatment”;
(b) in the second entry in the third column (units of dental activity provided), for “1.2” substitute “£75 divided by the monetary value of a unit of dental activity, rounded up to two decimal places”;
(c) immediately below the second row (Band 1 course of treatment (urgent treatment only)) insert the following row—
Band 1 course of treatment (standalone fluoride varnish treatment only) | - | 0.5
.
(3) In Table B, in the first column omit “Conservation treatment of deciduous teeth in a patient who is aged under 18 years at the beginning of a course of treatment” and in the second column omit “3.0”.
(4) In paragraph 2A (sub-band 2a treatments)—
(a) omit the “and” after sub-paragraph (q);
(b) at the end of sub-paragraph (r) insert—
(s) surface application of fissure sealants on up to two teeth in a single course of treatment; and
(t) conservation treatment of up to two deciduous teeth in a patient.
.
(5) For paragraph 2B (sub-band 2b treatments) substitute—
2B (1) The following Band 2 courses of treatment are within sub-band 2b—
(a) permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention;
(b) tooth extraction;
(c) surface application of fissure sealants; and
(d) conservation treatment of deciduous teeth in a patient,
if delivered on three or more teeth, whether as individual treatments or in combination with each other, in a single course of treatment.
(2) Endodontic treatment of any permanent teeth, excluding molar teeth, is within sub-band 2b where it is delivered as an individual treatment or in combination with any of the treatments listed in sub-paragraph (1), in a single course of treatment.
.

## 7 Amendment to Schedule 3 (other contractual terms) {#regulation-7}

(1) Schedule 3 (other contractual terms) is amended as follows.
(2) After paragraph 6(3) insert—
(3A) Where a contractor provides a standalone fluoride varnish treatment to a patient during, or within three months of, another banded course of treatment, the standalone fluoride varnish treatment is to be regarded as part of that other banded course of treatment.
.
(3) In paragraph 58 (mid-year reviews)—
(a) in sub-paragraph (2) after the words “units of dental activity”, in the first place it appears, insert “, urgent treatments” and after “(units of dental activity)” insert “, 17A (required number of urgent treatments)”;
(b) omit the “or” after sub-paragraph (3)(a);
(c) at the end of sub-paragraph (3)(b) for “activity,” substitute “activity; or”;
(d) after sub-paragraph (3)(b) insert—
(c) the required number of urgent treatments,
;
(e) omit the “or” after sub-paragraph (4)(a);
(f) at the end of sub-paragraph (4)(b) for “activity,” substitute “activity; or”;
(g) after sub-paragraph (4)(b) insert—
(c) urgent treatments,
;
(h) in sub-paragraphs (5)(a) and (6)(a), for “or units of orthodontic activity”, in each place it appears, substitute “, units of orthodontic activity or urgent treatments”.
(4) In paragraph 59 (action NHS England can take following a mid-year review)—
(a) omit the “or” after sub-paragraph (1)(a);
(b) at the end of sub-paragraph (1)(b) for “activity,” substitute “activity; or”;
(c) after sub-paragraph (1)(b) insert—
(c) urgent treatments,
;
(d) in sub-paragraphs (2)(a), (3)(a) and (5), for “or units of orthodontic activity”, in each place it appears, substitute “, units of orthodontic activity or urgent treatments”;
(e) in sub-paragraph (3)(b), for “or orthodontic activity” substitute “, units of orthodontic activity or urgent treatments”.

## 8 Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005 {#regulation-8}

The National Health Service (Personal Dental Services Agreement) Regulations 2005 are amended in accordance with regulations 9 to 13.

## 9 Amendment to regulation 2 (interpretation) {#regulation-9}

(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a) in the definition of complete, in sub-paragraph (a)(i), for the words after “(treatment plans),” to the end of that sub-paragraph substitute
—
where the treatment is a standalone fluoride varnish treatment, that single treatment has been provided;
in every other case, all the treatment recommended to, and agreed with, the patient by the contractor at the initial examination and assessment of that patient has been provided to the patient; or
;
(b) in the definition of “course of treatment”, in the words after sub-paragraph (b)(ii), for the words beginning with “where the course of treatment is an interim care course of treatment” to the end, substitute “in the case of a standalone fluoride varnish treatment, it does not include the steps mentioned in sub-paragraph (a)”;
(c) in the definition of “urgent treatment”—
(i) in sub-paragraph (a)—
(aa) for “provided” substitute “clinically necessary”;
(bb) for “, or the person is in severe pain by reason of his oral condition; and” substitute “, or the person’s presentation indicates a need for treatment within seven days; and”;
(ii) in sub-paragraph (b), for “address that severe pain; and” substitute “treat that need”;
(d) omit the definition of “working day”;
(e) in the appropriate places insert—
“fluoride varnish treatment” means the surface application of topical fluoride varnish;
“monetary value of a unit of dental activity” means the relevant contract value divided by the total number of units of dental activity to be provided by the contractor in a financial year, but excluding those units of dental activity that relate to sedation services and domiciliary services;
“relevant contract value” means the amount agreed under the contract to be paid by NHS England to the contractor for services that are required to be provided in a financial year, excluding dental public health services, orthodontic services, sedation services and domiciliary services;
“relevant contractor” has the meaning given by regulation 13A(7);
“required number of urgent treatments” has the meaning given in regulation 13A(1) and (2);
“standalone fluoride varnish treatment” means a course of treatment comprising a single fluoride varnish treatment in circumstances where—
the treatment is delivered to a patient, who is a child, by a dental nurse in accordance with a prescription issued by a dental practitioner;
a dental practitioner, dental therapist or dental hygienist, having conducted an initial assessment and examination as part of another banded course of treatment, has produced a schedule for the provision of—
a single fluoride varnish treatment; or
a number of fluoride varnish treatments to be applied at regular intervals;
each scheduled treatment is a single course of treatment to be delivered as part of that schedule and does not include examination and assessment; and
where a number of treatments is scheduled, each interval in the schedule is not less than three months;
.

## 10 Insertion of regulation 13A (required number of urgent treatments) {#regulation-10}

After regulation 13 insert—
Required number of urgent treatments
13A (1) Where an agreement with a relevant contractor includes the provision of mandatory services, the agreement must specify the required number of urgent treatments the contractor must complete in each financial year.
(2) Subject to paragraphs (3), (4) and (6), the required number of urgent treatments is calculated as follows, and rounded up to the nearest integer—
U
T
=
R
C
V
£
10
,
000
×
11
where—
“RCV” means the relevant contract value;
“UT” means the required number of urgent treatments.
(3) Subject to paragraph (4), NHS England may, at any time during the period beginning with 30th October and ending with 31st March, reduce the required number of urgent treatments for that financial year.
(4) Any reduction in the required number of urgent treatments in accordance with paragraph (3) must not exceed 15% of the number required to be specified under paragraph (1).
(5) Any reduction by NHS England in the required number of urgent treatments under paragraph (3) must be communicated to the relevant contractor in writing.
(6) If the RCV is adjusted at any time in the financial year, the required number of treatments under paragraph (1) must be recalculated in accordance with paragraph (2) and adjusted accordingly.
(7) In this regulation—
“community dental services” has the meaning given by regulation 5 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012;
“pre-2006 child-only contractor” means a contractor who—
entered into the agreement before 1st April 2006, and
only provides dental services to children under that agreement;
“relevant contractor” means a contractor who provides primary dental services other than—
a contractor who is required to provide 99 or fewer units of dental activity every financial year under the agreement;
a contractor who only provides community dental services;
a pre-2006 child-only contractor;
a contractor who only provides either or both of the following—
dental public health services;
dental services in a prison.
.

## 11 Amendment to regulation 15 (under provision of units of dental activity or units of orthodontic activity) {#regulation-11}

In regulation 15 (under provision of units of dental activity or units of orthodontic activity)—
(a) in the heading, for “or units of orthodontic activity” substitute “, units of orthodontic activity or required number of urgent treatments”;
(b) in paragraph (1), after “regulation 13” insert “, 13A”;
(c) in paragraph (2)—
(i) in sub-paragraph (a), after “activity” insert “, excluding the units the contractor would have provided if they provided the required number of urgent treatments”;
(ii) omit the “or” after sub-paragraph (a);
(iii) at the end of sub-paragraph (b) insert “or”;
(iv) after sub-paragraph (b) insert—
(c) the required number of urgent treatments,
;
(v) after “regulation 13” insert “, 13A”;
(vi) in paragraph (i)—
(aa) after “dental activity” insert “referred to in sub-paragraph (a)”;
(bb) for “or units of orthodontic activity” substitute “, units of orthodontic activity or the required number of urgent treatments”;
(vii) in paragraph (ii), after “units” insert “or urgent treatments”.

## 12 Amendment to Schedule 2 (provision of services: units of dental activity and units of orthodontic activity) {#regulation-12}

(1) Schedule 2 (provision of services: units of dental activity and units of orthodontic activity) is amended as follows.
(2) In Table A—
(a) in the first entry in the first column (type of course of treatment), after “excluding urgent treatment” insert “and standalone fluoride varnish treatment”;
(b) in the second entry in the third column (units of dental activity provided), for “1.2” substitute “£75 divided by the monetary value of a unit of dental activity, rounded up to two decimal places”;
(c) immediately below the second row (Band 1 course of treatment (urgent treatment only)) insert the following row—
Band 1 course of treatment (standalone fluoride varnish treatment only) | - | 0.5
.
(3) In Table B, in the first column omit “Conservation treatment of deciduous teeth in a patient who is aged under 18 years at the beginning of a course of treatment” and in the second column omit “3.0”.
(4) In paragraph 2A (sub-band 2a treatments)—
(a) omit the “and” after sub-paragraph (q);
(b) at the end of sub-paragraph (r) insert—
(s) surface application of fissure sealants on up to two teeth in a single course of treatment; and
(t) conservation treatment of up to two deciduous teeth in a patient.
.
(5) For paragraph 2B. (sub-band 2b treatments) substitute—
2B (1) The following Band 2 course of treatments are within sub-band 2b—
(a) permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention;
(b) tooth extraction;
(c) surface application of fissure sealants; and
(d) conservation treatment of deciduous teeth in a patient,
if delivered on three or more teeth, whether as individual treatments or in combination with each other, in a single course of treatment.
(2) Endodontic treatment of any permanent teeth, excluding molar teeth, is within sub-band 2b where it is delivered as an individual treatment, or in combination with any of the treatments listed in sub-paragraph (1), in a single course of treatment.
.

## 13 Amendment to Schedule 3 (other contractual terms) {#regulation-13}

(1) Schedule 3 (other contractual terms) is amended as follows.
(2) After paragraph 7(3) insert—
(3A) Where a contractor provides a standalone fluoride varnish treatment to a patient during, or within three months of, another banded course of treatment, the standalone fluoride varnish treatment is to be regarded as part of that other banded course of treatment.
.
(3) In paragraph 58 (mid-year reviews)—
(a) in sub-paragraph (2) after the words “units of dental activity”, in the first place it appears, insert “, urgent treatments” and after “(units of dental activity)” insert “, 13A (required number of urgent treatments)”;
(b) omit the “or” after sub-paragraph (3)(a);
(c) at the end of sub-paragraph (3)(b) for “activity,” substitute “activity; or”;
(d) after sub-paragraph (3)(b) insert—
(c) the required number of urgent treatments,
;
(e) omit the “or” after sub-paragraph (4)(a);
(f) at the end of sub-paragraph (4)(b) for “activity,” substitute “activity; or”;
(g) after sub-paragraph (4)(b) insert—
(c) urgent treatments,
;
(h) in sub-paragraphs (5)(a) and (6)(a), for “or units of orthodontic activity”, in each place it appears, substitute “, units of orthodontic activity or urgent treatments”.
(4) In paragraph 59 (action NHS England can take following a mid-year review)—
(a) omit the “or” after sub-paragraph (1)(a);
(b) at the end of sub-paragraph (1)(b) for “activity,” substitute “activity; or”;
(c) after sub-paragraph (1)(b) insert—
(c) urgent treatments,
;
(d) in sub-paragraphs (2)(a), (3)(a) and (5), for “or units of orthodontic activity”, in each place it appears, substitute “, units of orthodontic activity or urgent treatments”;
(e) in sub-paragraph 3(b) for “or orthodontic activity” substitute “, units of orthodontic activity or urgent treatments”.

## 14 Amendment of the National Health Service (Dental Charges) Regulations 2005 {#regulation-14}

The National Health Service (Dental Charges) Regulations 2005 are amended in accordance with regulations 15 to 18.

## 15 Amendment to regulation 2 (interpretation) {#regulation-15}

(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a) in the definition of “urgent treatment”—
(i) in sub-paragraph (a)—
(aa) for “provided” substitute “clinically necessary”;
(bb) for “, or the person is in severe pain by reason of his oral condition” substitute “, or the person’s presentation indicates a need for treatment within seven days; and”;
(ii) in sub-paragraph (b), for “address that severe pain” substitute “treat that need”.

## 16 Amendment to regulation 4 (calculation of charges) {#regulation-16}

In regulation 4 (calculation of charges)—
(a) in paragraphs (1) and (5), for “£27.40” substitute “£27.90”;
(b) in paragraph (2), for “£75.30” substitute “£76.60”;
(c) in paragraphs (3) and (4), for “£326.70” substitute “£332.10”.

## 17 Amendment to Schedule 1 (band 1 charges - diagnosis, treatment planning and maintenance) {#regulation-17}

In Schedule 1 (band 1 charges - diagnosis, treatment planning and maintenance), for paragraph (h) substitute—
(h) surface application as a primary preventive measure of topical fluoride varnish preparations

## 18 Amendment to Schedule 2 (band 2 charges - treatment) {#regulation-18}

In Schedule 2 (band 2 charges - treatment), after paragraph (r) insert—
(s) surface application as primary preventive measures of sealants
(t) conservation treatment of deciduous teeth in a patient who is aged under 18 years at the beginning of a course of treatment
.