The National Health Service (Dental Charges) (Scotland) Amendment Regulations 2004

Citation commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Dental Charges) (Scotland) Amendment Regulations 2004 and shall come into force on 1st April 2004.

(2) In these Regulations “the principal Regulations” means the National Health Service (Dental Charges) (Scotland) Regulations 2003(1).

Amendment of the principal Regulations

2.—(1) The principal Regulations are amended in accordance with paragraphs (2) to (8) below.

(2) In regulation 1(2) (interpretation), omit the definition of “NHS trust”.

(3) Subject to regulation 3 below, in regulation 4(5) (calculation of charges), for “£372” in both places where it occurs substitute “£378”.

(4) In regulation 4(4) (calculation of charges)–

(a) in sub paragraph (b), omit “or NHS trust”; and

(b) in the full-out, omit “NHS trust,”.

(5) In regulation 5 (conditions for exemption under the Act)–

(a) in paragraph (1)(b), for “an NHS trust” substitute “the Agency”;

(b) in paragraph (2)(b) after “Board”, insert “or the Agency”; and

(c) in paragraph (4), for “NHS trust” substitute “Agency”.

(6) In regulation 6(1) (making and recovery of charges), for “, a Health Board or NHS trust” substitute “or a Health Board”.

(7) In regulation 8 (charges for more expensive supplies and repairs), omit–

(a) “or a NHS trust”; and

(b) “or, as the case may be, the NHS trust”.

(8) In Schedule 3 (manner of determining charge for replacement)–

(a) in paragraph 2(b), for “he” substitute “the person”;

(b) in paragraph 3(a), omit “of the person supplied or” in the second place where it appears.

Transitional provision

3.  Where, on or after 1st April 2004, 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, regulation 4(5) of the principal Regulations shall have effect in respect of that supply, or that other provision, as if regulation 2(3) of these Regulations had not come into force.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

8th March 2004