The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2004

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 4(1A) and (1B) (dental list)(2)–

(a) in sub-paragraph (a) for “30(1), 31(b)” substitute “29B(2), 30(2) or (5), 31(1)(b)(3)”;

(b) in sub-paragraph (b) omit “or”;

(c) after sub-paragraph (c) insert–

“; or

(d) regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004(4)”.

(3) In regulation 13(2) (withdrawal from dental list)(5)–

(a) for “(disqualification of persons providing services) that the continued inclusion of a dentist in the dental list would be prejudicial to the efficiency of the general dental services” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)”; and

(b) after “representations” in the second place where it occurs insert “, request for review or review”.

(4) In Schedule 1 (terms of service for dentists) in paragraph 35(11)(a)(6)–

(a) for “29(3)(b)” substitute “29B(2)(b) or 30(2) or (5)”; and

(b) for “29(3)(c)” substitute “29B(3) or 30(6)”.

(1)

S.I. 1996/177. Relevant amending instruments are S.I. 1998//1663, 1999/724 and S.S.I. 1999/51 and 2000/188.

(2)

Regulation 4(1A) and (1B) were inserted by S.S.I. 2000/188.

(3)

Section 29B was inserted by the the 1999 Act, section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), schedule 2, paragraph 2(b). Section 30 was inserted by the 1999 Act, section 58(2) and amended by the 2002 Act, schedule 2, paragraph 2(7). Section 31(b) was renumbered section 31(1)(b) by the 1999 Act, Schedule 4, paragraph 49.

(4)

S.S.I. 2004/38.

(5)

Regulation 13 was amended by S.S.I. 1999/51.

(6)

Paragraph 35 was amended by S.S.I. 1999/51 and 2000/188.