2019 No. 346

National Health Service

The Scottish Dental Practice Board Amendment Regulations 2019

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 4(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Scottish Dental Practice Board Amendment Regulations 2019 and come into force on 9 December 2019.

Amendment of the Scottish Dental Practice Board Regulations 19972

1

The Scottish Dental Practice Board Regulations 19972 are amended as follows.

2

In regulation 2 (interpretation)—

a

omit the definition of “Common Services Agency”, and

b

in the definition of “member” for “chairman” substitute “chairing member”.

3

For regulation 4 (constitution of the Board) substitute—

Constitution of the Board4

The Board must consist of—

a

a chairing member who is the Chief Dental Officer or Deputy Chief Dental Officer, and

b

such other members, a majority of whom must be dentists, that the Scottish Ministers consider necessary.

4

For regulation 5 (appointment of members) substitute—

Appointment of members5

All members must be appointed by the Scottish Ministers.

5

For regulation 6 (deputy chairman) substitute—

Deputy chairing member6

1

If for any period the chairing member is unable to act, the Scottish Ministers may appoint a deputy chairing member to act in their place for that period.

2

The deputy chairing member must be either the Chief Dental Officer or the Deputy Chief Dental Officer, whomever of which is not currently appointed as the chairing member.

3

A deputy chairing member appointed in accordance with this regulation is deemed to be a member of the Board for so long as they hold office and any reference to the chairing member in regulations 11, 12 and 13 includes a reference to that deputy chairing member.

6

In regulation 8 (termination of tenure of office)—

a

in paragraph (2)(b)(i) for “Common Services Agency” substitute “Agency”, and

b

in paragraph (3)(b) for “dental member” substitute “member who is a dentist”.

7

In regulation 10 (functions)—

a

in paragraph (1), for “Common Services Agency” substitute “Agency”, and

b

in paragraph (3) for “The Board shall” substitute “The Board must”.

8

In regulation 11 (chairman)—

a

for “chairman” in every place it occurs, including the cross-heading, substitute “chairing member”,

b

for “shall” in both places it occurs substitute “must”, and

c

in paragraph (2) for “dental member” substitute “member who is a dentist”.

9

In regulation 12 (meetings and proceedings)—

a

in paragraph (3)(b)(i) for “he shall as soon as practicable disclose his interest to the chairman” substitute “they must as soon as practicable disclose their interest to the chairing member”,

b

in paragraph(3)(b)(ii) for “he shall” substitute “they must”, and

c

in paragraph (6)—

i

for “dental member shall” substitute “a member who is a dentist must”, and

ii

for “his interest” in each place it occurs substitute “their interest”.

10

In regulation 13 (voting)—

a

for “Every question at a meeting of the Board shall” substitute “Where at a meeting of the Board, a matter or question requires a decision, that matter or question must”, and

b

for “the question” substitute “that matter or question,” and for “chairman” substitute “chairing member”.

11

Omit regulation 15 (reports).

12

In regulation 16 (transitional provisions)—

a

for “these Regulations” substitute “the Scottish Dental Practice Board Amendment Regulations 2019”, and

b

for “he shall” substitute “they will” and for “he was” substitute “they were”.

JOE FITZPATRICKAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Scottish Dental Practice Board Regulations 1997 to make new provision in relation to the membership of the Scottish Dental Practice Board.