2010 No. 227

National Health Service

The National Health Service (Tribunal) (Scotland) Amendment Regulations 2010

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 29(4), 29A(5), 32, 32C(2), 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

In accordance with paragraph 24(1) of Schedule 7 to the Tribunals, Courts and Enforcement Act 20072, they have consulted the Administrative Justice and Tribunals Council and its Scottish Committee.

Citation and commencement1

These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment Regulations 2010 and come into force on 2nd July 2010.

Amendment of the National Health Service (Tribunal) (Scotland) Regulations 20042

1

The National Health Service (Tribunal) (Scotland) Regulations 20043 are amended in accordance with the following paragraphs.

2

In regulation 2(1)4 (interpretation and forms)—

a

insert after the definition of “conditional disqualification”—

  • “dental body corporate” means a body corporate entitled, by virtue of section 43 of the Dentists Act 19845, to carry on the business of dentistry;

b

in the definition of “practitioner”, after “dentist,” insert “dental body corporate,”;

c

in the definition of “relevant professional body” after “dentist” insert “or dental body corporate”.

3

In the following regulations for “2” substitute “5”:—

a

6(1)(b) (submission of representations);

b

11(1) and (2)6 (submission of statement-in-answer or other statement and supporting documents);

c

22(1)(c)7 and (5) (applications for interim suspension); and

d

24(1)(b) (procedure in regard to application to the tribunal for a review).

4

In regulation 6(3A)8 (submission of representations), for “or an ophthalmic list” substitute “, an ophthalmic list or a dental list”.

5

In regulation 22(9)(a) (applications for interim suspension) for ““regulation 22(6) or (7)”, substitute ““regulation 22(6) or (7)””.

6

In regulation 31(1)(c)9 (service of forms, etc.), after “ophthalmic body corporate” in each place it occurs, insert “or dental body corporate”.

7

In regulation 33 (attendance by member of Council on Tribunals) and in the heading to that regulation, for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.

8

In each of the forms 1, 2, 3 and 4 set out in Schedule 210 (forms for use in proceedings in connection with representations and applications) after “dentist,” insert “dental body corporate,”.

SHONA ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the principal Regulations”) which make provision relating to the NHS Tribunal, representations to it and its procedures.

These Regulations are consequential upon the coming into force of certain amendments made to the National Health Service (Scotland) Act 1978 (“the 1978 Act”) by the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) as regards dental bodies corporate. They also make an amendment to the administrative rules relating to the copy documents to be submitted to the NHS Tribunal.

Regulation 2(2)(a) inserts a new definition of “dental body corporate”. It is defined by reference to section 43 of the Dentists Act 1984, which has been amended by the Dentists Act 1984 (Amendment) Order 2005.

Regulation 2(2)(b) amends the definition of “practitioner” by inserting “dental body corporate”.

Regulation 2(2)(c) amends the definition of “relevant professional body” by inserting “dental body corporate”.

Regulation 2(3) amends regulations 6(1)(b), 11(1) and (2), 22(1)(c) and (5) and 24(1)(b) of the principal Regulations to require 5 copies of the documents to which those regulations refer to be lodged instead of 2.

Regulation 2(4) amends regulation 6(3A) of the principal Regulations to insert reference to a dental list.

Regulation 2(5) makes a textual amendment to regulation 22(9)(a) of the principal Regulations correcting a previous typographical error.

Regulation 2(6) amends regulation 31(1)(c) of the principal Regulations by inserting “dental body corporate”.

Regulation 2(7) amends regulation 33 of the principal Regulations by substituting reference to the Administrative Justice and Tribunals Council for reference to the Council on Tribunals following the replacement of the latter by the former in terms of the Tribunals, Courts and Enforcement Act 2007.

Regulation 2(8) amends the forms 1, 2, 3 and 4 in Schedule 2 to the principal Regulations by inserting “dental body corporate” in the appropriate places.