The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 and shall come into force on 5th July 2004.

(2) In these Regulations–

“the Act” means the National Health Service (Scotland) Act 1978;

“the 1996 Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 1996(1);

“Appeal Body” means the Dentists Vocational Training Appeal Body constituted in accordance with regulation 4;

“Appeal Committee” means the Appeal Committee appointed under regulation 5(6);

“approved trainer” means a dentist on Part A of a dental list and who is approved by the Board as being a dentist who has the requisite skills and suitable practice facilities to enable the dentist to act as a trainer;

“the Board” means NHS Education for Scotland established by the NHS Education for Scotland Order 2002(2);

“community dental service” means the dental service provided in Scotland under sections 1 and 39(2) of the Act, in England and Wales under sections 3(1)(c) and 5(1A) of the National Health Service Act 1977(3) and in Northern Ireland under articles 5(1)(c) and 9(1)(a) and (1A) of the Health and Personal Social Services (Northern Ireland) Order 1972(4);

“Community law” has the same meaning as in section 126(9) of the Scotland Act 1998(5);

“dental list” means the list prepared by a Health Board in accordance with regulation 4(1) of the 1996 Regulations;

“dentist” means a registered dental practitioner;

“EEA state” means a Member State, Norway, Iceland or Liechtenstein;

“pilot scheme” has the same meaning as in section 1(1) of the National Health Service (Primary Care) Act 1997(6);

“primary dental care” means care and treatment delivered by the dentist at the first point of contact with the patient;

“regular forces” has the same meaning as in section 225(1) of the Army Act 1955 (7);

“salaried dentist” means a dentist employed by a health board who undertakes to provide general dental services at a health centre, hospital or from any vehicle or moveable facility;

“satisfactory completion of vocational training”, and related expressions, shall be construed in accordance with regulation 3;

“vocational training”, except as provided for in regulation 8, means a period of employment–

(a)

which is undertaken within a period of up to two years (or the equivalent period of part time employment) from the date of commencement of employment, or such extension of that period as may be approved by the Postgraduate Dental Dean(8); and

(b)

during which period the dentist is employed under a contract of service by an approved trainer or, where the approved trainer is a salaried dentist, under a contract of service with a Health Board, to provide a wide range of dental care and treatment, to attend such study days as that contract requires and to undertake assessments required in order to satisfactorily complete vocational training;

“vocational training certificate”, except as provided for in regulation 8, means a certificate confirming that a dentist has satisfactorily completed vocational training issued–

(a)

in Scotland, by the Postgraduate Dental Dean, or a Director of Postgraduate General Dental Practice Education(9);

(b)

in England, Wales or Northern Ireland, by a Postgraduate Dental Dean;

(c)

by the Director of the Royal Naval Dental Service, the Director of the Royal Army Dental Corp or the Director of the Dental Branch of the Royal Air Force;

“vocational training number”, except where the context otherwise requires in paragraph 6 of regulation 2 and regulation 8, means the number allocated to a dentist–

(a)

in Scotland, under regulation 2;

(b)

in England and Wales, under regulation 5A (applications for vocational training numbers) of the National Health Service (General Dental Services) Regulations 1992(10); and

(c)

in Northern Ireland, under regulation 5A (applications for vocational training numbers) of the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993(11);

“writing” does not include transmission by electronic means.

(3) Any reference in these Regulations to a numbered regulation or the Schedule or to a numbered paragraph or sub-paragraph of such a regulation is, unless otherwise expressly provided, a reference to a regulation, paragraph or sub-paragraph bearing that number in these Regulations or to the Schedule to these Regulations.

(1)

S.I. 1996/177; amended by S.I. 1996/841 and 2060, 1998/1663, 2224 and 2259, 1999/724 and S.S.I. 1999/51, 2000/188, 352 and 394, 2001/57 and 368, 2002/99, 192 and 268, 2003/131 and 422 and 2004/37.

(2)

S.S.I. 2002/103; amended by S.S.I. 2003/242.

(3)

1977 c. 49; section 5(1A) was inserted by the Health and Medicines Act 1988 c. 49, section 10(1)(b).

(4)

S.I. 1972/1265 (N.I. 14).

(5)

1998 c. 46.

(6)

1997 c. 46.

(7)

1955 c. 18; relevant amendments to section 225(1) were made by the Reserve Forces Act 1996 c. 14, Schedule 11.

(8)

The post of Postgraduate Dental Dean is held by an employee of the Board.

(9)

The posts of Director of Postgraduate General Dental Practice Education are also held by employees of the Board.

(10)

S.I. 1992/661; regulation 5A was inserted by S.I. 1993/2209 and amended by S.I. 1993/3172, 1998/1648 and 2224, 2001/2421 and 2002/2469.

(11)

S.R. 1993/ 326; regulation 5A was inserted by S.R. 1993/401 and amended by 1998/ 245.