The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2001

Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996

2.—(1) The National Health Service (General Dental Services) (Scotland) Regulations 1996(1) are amended as follows.

(2) In regulation 2(1) (interpretation)–

(a) in the definition of “assistant” at the end there is inserted “, or, any person undertaking vocational training(2) under the supervision of a salaried dentist(3) and who is employed under a contract of service with a Health Board or primary care NHS trust”;

(b) after the definition of “health centre” there is inserted the following definition:–

““in writing” does not include transmission by electronic means;”; and

(c) in the definition of “treatment” the words “anaesthesia and” are omitted.

(3) For paragraph (1) of regulation 5 (application for inclusion in the dental list)(4) there is substituted–

“(1) Subject to paragraphs (2) and (3), a dentist who wishes to have his name included in the dental list shall make an application in writing to the Health Board or primary care NHS trust which application –

(a) shall, if the application relates to Part A of the dental list, include the information and undertakings specified in Part I of Schedule 2;

(b) shall, if the application only relates to Part B of the dental list, include the information and undertakings specified in Part IA of Schedule 2; and

(c) may, if the application relates to Part A or Part B of the dental list, include the information specified in Part II of Schedule 2.

(1A) The Health Board or primary care NHS trust shall determine the application within 14 days of its receipt or, where, in relation to an application for inclusion in Part A of the dental list the Health Board or primary care NHS trust inspects the proposed practice premises pursuant to regulation 5A, within 14 days of the date of the inspection.”.

(4) In paragraphs (2) and (3) of regulation 5 for “paragraph (1)” there is substituted “paragraph (1A)”.

(5) After regulation 5 there is inserted–

“Inspections of practice premises

5A.— (1) Subject to paragraph (2), a Health Board or primary care NHS trust may, if it considers that the proposed practice premises of a dentist applying for inclusion in Part A of the dental list should be inspected, inspect such premises.

(2) Where a Health Board or primary care NHS trust has not inspected proposed practice premises of a dentist applying for inclusion in Part A of the dental list, either in response to the application of the dentist, or, in response to the application of any other dentist for inclusion in Part A of the dental list, the Health Board or primary care NHS trust shall inspect the proposed practice premises before determining an application under regulation 5(1).

(3) Any inspection made pursuant to paragraphs (2) or (3) shall be made not later than 14 days after receipt of an application for inclusion in Part A of the dental list.

(4) A Health Board or primary care NHS trust shall inspect at intervals not exceeding three years the practice premises of every dentist whose name is included in Part A of the dental list prepared by the Health Board or primary care NHS trust.”.

(6) In regulation 22(1) (statement of dental remuneration)(5) in the table–

(a) in column 2 for “Postgraduate education allowances” there is substituted “Continuing professional development allowance”;

(b) at the end of column 1 and column 2 respectively there is inserted “X” and “Allowance for practice improvements”.

(7) In Schedule 1 (terms of service for dentists)–

(a) in paragraph 4(3)(g) (a continuing care arrangement)(6) the words “general anaesthesia or” are omitted;

(b) in paragraph 13(1A) (treatment on referral)(7) the words “or treatment under general anaesthesia” are omitted;

(c) at the end of paragraph 16(3)(a) “and” is omitted;

(d) after paragraph 16(3)(b) there is inserted–

• “, and

  (c)

  to the provision privately of general anaesthesia in association with any care and treatment provided under general dental services.”;

(e) in paragraph 17(2)(c) (occasional treatment) “, except that, where a general anaesthetic” to the end is omitted;

(f) paragraph 17(2)(p) (occasional treatment) is omitted;

(g) paragraph 21(1) (general anaesthesia and sedation) is omitted;

(h) in paragraph 33(4) (premises etc.)(8) for “or, in relation to premises where general anaesthetic and/or sedation services are provided,” there is substituted “and”; and

(i) paragraph 40 (general anaesthesia)(9) is omitted.

(1)

S.I. 1996/177; the relevant amending instruments are S.I. 1996/2060, 1998/1663 and 1999/724, and S.S.I. 1999/51, and 2000/188, 352 and 394.

(2)

The definition of “vocational training” was amended by S.S.I. 2000/352, regulation 2(3).

(3)

The definition of “salaried dentist” was amended by S.I. 1999/724, regulation 2(a), and by S.S.I. 1999/51, regulation 3(a)(iv).

(4)

Regulation 5(1) was amended by substitution by S.S.I. 2000/188, regulation 4(2).

(5)

Regulation 22(1) was amended by S.S.I. 2000/352, regulation 3, and by S.S.I. 2000/394, regulation 2.

(6)

Paragraph 4(3) was amended by S.I. 1996/2060, regulation 2(4).

(7)

Paragraph 13(1A) was inserted by S.S.I. 2000/188, regulation 17(2).

(8)

Paragraph 33(4) was amended by S.S.I. 1999/51, regulation 13 and by S.S.I. 2000/188, regulation 17(7).

(9)

Paragraph 40 was amended by S.I. 1999/724, regulation 13, and S.S.I. 1999/51, regulation 13(c)