Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
9th September 1993
Laid before Parliament
10th September 1993
Coming into force
1st October 1993
The Secretary of State, in exercise of powers conferred on her by section 11(1),(2) and (4), 102(1) and 126(4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977(1) and of all other powers enabling her in that behalf, and having formed the opinion that no officers will be transferred or affected by transfers in pursuance of this Order, hereby makes the following Order:
1.—(1) This Order may be cited as the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993 and shall come into force on 1st October 1993.
(2) In this Order “the Act” means the National Health Service Act 1977, “the Authority” means the Dental Vocational Training Authority established by this Order, and “member” does not include the Chairman.
2. There is hereby established a special health authority which shall be known as the Dental Vocational Training Authority.
3. Subject to and in accordance with such directions as the Secretary of State may give to the Authority under the Act(2), the Authority shall perform on behalf of every Family Health Services Authority within England and Wales such functions relating to general dental services, or to dental practitioners who provide or may provide them, as the Secretary of State may direct.
4.—(1) The Authority shall consist of–
(a)the Chairman;
(b)not more than 41 members.
(2) The Chairman shall be appointed by the Secretary of State and the members shall be appointed by the Secretary of State after consultation with a body which is, in the opinion of the Secretary of State, representative of the dental profession.
(3) One of the members shall be appointed by the Secretary of State as secretary of the Authority; and the Chairman and every member apart from the secretary shall be a dental practitioner, and the secretary may, but need not, be such a person.
(4) A person shall not be appointed as Chairman or as a member if he is disqualified for appointment as a member of a Family Health Services Authority under regulation 6 of the Family Health Services Authorities (Membership and Procedure) Regulations 1990(3), except where that disqualification is because of his having had his term of office as a member of such an Authority terminated pursuant to regulation 4(3) of those Regulations.
5. The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of health authorities).
6. The Appeal Body established by the National Health Service (General Dental Services) Amendment Regulations 1993(4) is hereby specified for the purposes of section 102(1)(b) of the Act (allowances for members of certain bodies) as being a body recognised by the Secretary of State to have been formed for the purpose of performing a function connected with the provision of services under that Act.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
9th September 1993
(This note is not part of the Order)
This Order provides for the establishment and constitution of a special health authority, to be known as the Dental Vocational Training Authority (“the Authority”), to exercise certain functions on behalf of Family Health Services Authorities in England and Wales in connection with general dental services under the national health service. It also recognises the Appeal Body established to deal with appeals from the Authority as a body within section 102 of the National Health Service Act 1977 which allows the members of the Appeal Body to be paid travelling and attendance expenses and remuneration for loss of time.
1977 c. 49; section 11(1) was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31 and by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) Schedule 10; section 126(4) was amended by the 1990 Act, section 65(2); and Schedule 5 was amended by the 1990 Act sections 1 and 2 and Schedules 1 and 2.
See in particular sections 13 and 17 of the National Health Service Act 1977 (c. 49).