The National Health Service (Recognition of Health Service Bodies) (Scotland) Order 2008

Scottish Statutory Instruments

2008 No. 315

NATIONAL HEALTH SERVICE

The National Health Service (Recognition of Health Service Bodies) (Scotland) Order 2008

Made

17th September 2008

Laid before the Scottish Parliament

18th September 2008

Coming into force

13th October 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 88(1)(e), 88(2)(d) and 105(7) of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.

Citation and commencement and interpretation

1.—(1) This Order may be cited as the National Health Service (Recognition of Health Service Bodies) (Scotland) Order 2008 and comes into force on 13th October 2008.

(2) In this Order, “the Act” means the National Health Service (Scotland) Act 1978.

Recognition of the Dentists Vocational Training Appeal Body

2.—(1) For the purposes of this article, “Dentists Vocational Training Appeal Body” means the Dentists Vocational Training Appeal Body constituted in accordance with regulation 4 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004(2).

(2) The Scottish Ministers specify the Dentists Vocational Training Appeal Body as a body recognised by them to have been formed for the purpose of performing a function connected with the provision of services under the Act, in terms of section 88(1)(e) of the Act. (Payment of allowances and remuneration to members of certain bodies connected with the health services).

(3) The Scottish Ministers specify the Dentists Vocational Training Appeal Body for the purposes of section 88(2)(d) of the Act(3).

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th September 2008

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 13th October 2008, specifies the Dentists Vocational Training Appeal Body (“the Appeal Body”) for the purposes of section 88 of the National Health Service (Scotland) Act 1978 (“the Act”) (payment of allowances and remuneration to members of certain bodies connected with the health services).

The Dentists Vocational Training Appeal Body is constituted by regulation 4 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004.

Article 2(2) specifies the Appeal Body, in terms of section 88(1)(e) the Act, which empowers the Scottish Ministers to pay travelling and other allowances to any body specified in an Order made by the Scottish Ministers as being a body recognised by them to have been formed for the purpose of performing a function connected with the provision of services under the Act.

Article 2(3) specifies the Appeal Body for the purposes of section 88(2)(d) of the Act, which empowers the Scottish Ministers to pay remuneration to any body constituted under or by virtue of Part II of the Act specified in an order made by the Scottish Ministers. The Appeal Body is constituted by regulations made by virtue of Part II of the Act (section 25(2)).

(1)

1978 c. 29. Section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, Part I, paragraph 24 and the Health Act 1999 (c. 8), Schedule 4, paragraph 60. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2004/292.

(3)

The Dentists Vocational Training Appeal Body is a body constituted by regulations made by virtue of Part II of the Act.