2022 No. 170

National Health Service

The National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 25(1) and (2) and 105(7) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Vocational Training for Dentists) (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 1 August 2022.

2

In these Regulations, “the 2004 Regulations” means the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 20042.

Amendment of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004

2

The 2004 Regulations are amended in accordance with regulations 3 to 5.

3

In regulation 1(2) (citation, commencement and interpretation)—

a

the definition of “approved trainer” is omitted,

b

after the definition of “EEA state” insert—

  • “NHS Education for Scotland” means the body of the same name constituted under the NHS Education for Scotland Order 20023;

c

in the definition of “vocational training”—

i

omit “, except as provided for in regulation 8,”, and

ii

for “an approved trainer or, where the approved trainer is a salaried dentist, under a contract of service with a Health Board,” substitute “NHS Education for Scotland”,

d

in the definition of “vocational training certificate”—

i

omit “, except as provided for in regulation 8,”, and

ii

omit “, or a Director of Postgraduate General Dental Practice Education”,

e

in the definition of “vocational training number” omit “and regulation 8”.

4

In regulation 2(3)(a) (applications for vocational training numbers and vocational training (orthodontic) numbers)4—

a

for “15(1)(b) or (ba)” substitute “15(1)(c)”,

b

after “register)” insert “, but only where the dentist holds a relevant European diploma within the meaning of section 15(2ZA)5 of that Act,”.

5

Regulation 8 (transitional and saving provision) is omitted.

Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 20106

In the definition of “assistant” in regulation 2(1) (interpretation) of the National Health Service (General Dental Services) (Scotland) Regulations 20106, for “a Health Board” substitute “NHS Education for Scotland”.

Saving7

In the case of a dentist who, immediately before these Regulations come into force, is undergoing but has not completed vocational training, the 2004 Regulations continue to apply until 31 July 2023 as if the amendments made by regulations 3(a), (b) and (c)(ii) and 6 of these Regulations had not been made.

HUMZA YOUSAFA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 (“the principal Regulations”) which make provision for vocational training for dentists.

Regulations 2 to 5 amend the principal Regulations. Regulations 2 and 3(a), (b) and (c)(ii) make provision for the employer of those undergoing vocational training to be NHS Education for Scotland instead of a dentist who is an approved trainer or a Health Board. Regulation 3(d) removes an outdated reference to the post of Director of Postgraduate General Dental Practice Education. Regulation 4 amends an exemption from completing vocational training in regulation 2(3)(a) of the principal Regulations so that the exemption applies to those dentists holding a relevant European diploma. Regulation 5 omits regulation 8 of the principal Regulations which is now spent, and regulations 3(c)(i), d(i) and (e) make amendments consequential on that omission.

Regulation 6 makes a corresponding amendment to the National Health Service (General Dental Services) (Scotland) Regulations 2010 to reflect the change of employer to NHS Education for Scotland.

Regulation 7 is a saving provision. It saves the existing law for one year for dentists who are undergoing vocational training but have not completed that training when these Regulations come into force.