The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2005

Scottish Statutory Instruments

2005 No.95

NATIONAL HEALTH SERVICE

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2005

Made

1st March 2005

Laid before the Scottish Parliament

2nd March 2005

Coming into force

1st April 2005

The Scottish Ministers, in exercise of the powers conferred by sections 25(1) and (2), 28A(4), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

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

Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996

2.—(1) The National Health Service (General Dental Services) (Scotland) Regulations 1996(2) are amended as follows.

(2) In regulation 22(1) (statement of dental remuneration)(3) in the Table, at the end of column 1 and 2 respectively insert “XV” and “Reimbursement of practice expenses”.

(3) In regulation 23(4)(b) (approval of payments)(4) for “XIII and XIV” substitute “XIII, XIV and XV”.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st March 2005

Explanatory Note

(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 provision as to the arrangements with which dentists provide general dental services under the National Health Service in Scotland.

Regulation 2(1) amends the 1996 Regulations to add a new matter to the table of matters that are to be provided for in determinations and published in the Statement of Dental Remuneration. It adds a Determination XV, which is to make provision for the reimbursement of practice expenses.

Regulation 2(2) amends the 1996 Regulations to provide that remuneration in accordance with Determination XV shall be paid to dentists by the Common Services Agency for the Scottish Health Service.

(1)

1978 c. 29. Section 25(2) was amended by the National Health Service and Community Care Act 1990 (c. 19), section 40(2) and Schedule 9, paragraph 19(6), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 43 and Schedule 3 and the Health Act 1999 (c. 8) (“the 1999 Act”), section 56(3); section 28A was substituted by the 1999 Act, section 57(1); section 105(7), which contains provisions relevant to the making of regulations, was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by 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) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. See section 66(1) of the 1999 Act in relation to any provision of that Act extending to Scotland being taken to be a pre-commencement enactment within the meaning of the Scotland Act 1998 (c. 46) (“the 1998 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(2)

S.I. 1996/177. Relevant amending instruments are S.I. 1998/2224 and 1999/724 and S.S.I. 1999/51, 2000/352 and 394, 2001/368, 2002/99 and 268, 2003/131 and 422.

(3)

The Table was amended by S.I. 2000/352, 2001/368, 2002/99 and 268, 2003/131 and 422.

(4)

Regulation 23 was amended by S.I. 1998/2224 and 1999/724 and S.S.I. 1999/51, 2000/352 and 394 and 2003/131.