2004 No. 37
NATIONAL HEALTH SERVICE

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2004

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred on them by sections 25(1), (2) and (2B), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1.

These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment Regulations 2004 and shall come into force on 4th March 2004.

Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 19962.

(1)

The National Health Service (General Dental Services) (Scotland) Regulations 19962 are amended as follows.

(2)

In regulation 4(1A) and (1B) (dental list)3–

(a)

in sub-paragraph (a) for “30(1), 31(b)” substitute “29B(2), 30(2) or (5), 31(1)(b)4”;

(b)

in sub-paragraph (b) omit “or”;

(c)

after sub-paragraph (c) insert–

“; or

(d)

regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 20045

(3)

In regulation 13(2) (withdrawal from dental list)6–

(a)

for “(disqualification of persons providing services) that the continued inclusion of a dentist in the dental list would be prejudicial to the efficiency of the general dental services” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)”; and

(b)

after “representations” in the second place where it occurs insert “, request for review or review”.

(4)

In Schedule 1 (terms of service for dentists) in paragraph 35(11)(a)7–

(a)

for “29(3)(b)” substitute “29B(2)(b) or 30(2) or (5)”; and

(b)

for “29(3)(c)” substitute “29B(3) or 30(6)”.

MALCOLM CHISHOLM
Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Dental Services) (Scotland) Regulations 1996 (“the 1996 Regulations”), which make arrangements under which dentists provide general dental services under the National Health Service (Scotland) Act 1978 (“the Act”).

These Regulations make amendments to regulations 4 and 13, and paragraph 35 of Schedule 1 to, the 1996 Regulations. These amendments are consequential upon the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the 2004 Regulations”) and amendments made to the Act by the Health Act 1999 (“the 1999 Act”) relating to the NHS Tribunal and the disqualification of practitioners providing services under Part II of the Act.

In particular, these Regulations–

(a)

clarify that a Health Board or primary care NHS trust shall not include in the dental list, persons who may not be added to that list, by virtue of the provisions of regulation 26 of the 2004 Regulations, until proceedings in that case are finally concluded (regulation 2(2)); and

(b)

replace references to provisions of the Act, with references to provisions of the Act as amended by the 1999 Act (regulation 2(3) and (4)).