The National Health Service (Tribunal) (Scotland) Amendment Regulations 2005

Scottish Statutory Instruments

2005 No. 335

NATIONAL HEALTH SERVICE

The National Health Service (Tribunal) (Scotland) Amendment Regulations 2005

Made

8th June 2005

Laid before the Scottish Parliament

9th June 2005

Coming into force

1st July 2005

The Scottish Ministers, in exercise of the powers conferred by sections 26(2), 29(4) and (9), 29A(5), 32, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals and its Scottish Committee in accordance with section 8(1) and (3) of the Tribunal and Inquiries Act 1992(2), hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment Regulations 2005 and shall come into force on 1st July 2005.

Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004

2.  In regulation 2(1) of the National Health Service (Tribunal) (Scotland) Regulations 2004 (interpretation and forms)(3) for the definition of “optician”, substitute–

““optician” means an ophthalmic optician;”.

ANDREW P KERR

A member of the Scottish Executive

St Andrew’s House, Edinburgh

8th June 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Tribunal) (Scotland) Regulations 2004 which make provision relating to the NHS Tribunal and representation to and procedures before it.

Regulation 2 amends the definition of “optician” in regulation 2(1) of the National Health Service (Tribunal) (Scotland) Regulations 2004 (interpretation and forms) to mean an ophthalmic optician, as defined in section 108 of the National Health Service (Scotland) Act 1978.

(1)

1978 c. 29; section 26(2) was amended by the Health and Social Security Act 1984 (c. 48), Schedule 1, paragraphs 2, 3 and 4 and Schedule 8, the Health Act 1999 (c. 8) (“the 1999 Act”), section 56 and extended by the Health and Medicines Act 1988 (c. 49), section 17; section 29(4) and (9) were inserted by the 1999 Act, section 58; section 29A was inserted by the 1999 Act, section 58; section 32 was amended by the National Health Service (Amendment) Act 1995 (c. 31), section 11 and Schedule, and by the 1999 Act, Schedule 4, paragraph 50; section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and the 1999 Act, Schedule 4, paragraph 60; section 108(1) defines “prescribed” and “regulations”. 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)

1992 c. 53; section 8(3) was amended by S.I. 2001/3649, article 335(3).

(3)

S.S.I. 2004/38. Regulation 2 was amended by S.S.I. 2004/122.