The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2001

Scottish Statutory Instruments

2001 No. 69

NATIONAL HEALTH SERVICE

The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2001

Made

15th March 2001

Laid before the Scottish Parliament

16th March 2001

Coming into force

1st April 2001

The Scottish Ministers, in exercise of the powers conferred by sections 70(1A), 71(1), 71A, 105(7) and 108(1) of, and paragraph 3(3) of Schedule 11 to, the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Dental Charges) (Scotland) Amendment Regulations 2001 and shall come into force on 1st April 2001.

(2) In these Regulations “the principal Regulations” means the National Health Service (Dental Charges) (Scotland) Regulations 1989(2).

Amendment of regulation 4 of the principal Regulations

2.  In regulation 4 of the principal Regulations (calculation of charges) in paragraph (5)(3) for “£354” in both places where it occurs there is substituted “£360”.

Transitional provision

3.  Where, on or after 1st April 2001, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, the provision of regulation 4(5) of the principal Regulations shall have effect in respect of that supply, or that other provision, as if regulation 2 of these Regulations had not come into force.

SUSAN C DEACON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

15th March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Dental Charges) (Scotland) Regulations 1989 (“the principal Regulations”), which provide for the making and recovery of charges for dental appliances supplied or repaired under the National Health Service, and for other dental treatment provided as part of NHS general dental services.

Regulation 2 amends the principal Regulations to increase from £354 to £360 the maximum contribution which a patient may be required to make towards the aggregate cost of dental treatment and appliances under Part II of the National Health Service (Scotland) Act 1978, where the contract or arrangement leading to the provision of such treatment and the supply of such appliances is made on or after 1st April 2001.

(1)

1978 (c. 29); section 70(1A) and 71A were inserted by, and section 71(1) was amended by, section 11 of the Health and Medicines Act 1988 (c. 49); section 105(7), which contains provisions relevant to the making of regulations, was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 6, paragraph 5 and Schedule 7, paragraph 24 and by the Health and Social Services and Social Security Adjudiciations Act 1983 (c. 41), Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made; paragraph 3(3) of Schedule 11 was amended by the 1980 Act, Schedule 5, paragraph 7(3). 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.I. 1989/363; relevant amending instruments are S.I. 1998/2758 and S.S.I. 2000/44.

(3)

Regulation 4(5) was substituted by S.I. 1998/2258 and amended by S.S.I. 2000/44