1999 No. 724 (S. 49)
The National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1999
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of powers conferred on him by sections 25(1) and (2), 70(1A), 71(1), 71A, 75, 105(7) and 108(1) of, and paragraphs 2(6) and 3(3) and (5) of Schedule 11 to, the National Health Service (Scotland) Act 19781 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1999 and shall come into force on 1st April 1999.
Amendment of regulation 2 of the 1996 Regulations2
In regulation 2 (interpretation)–
a
in paragraph (1)–
i
after the definition of “the Act” there is inserted–
“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;
ii
the definition of “Common Services Agency” is deleted; and
iii
in the definition of “salaried dentist” after the words “Health Board” there is inserted “or NHS trust”;
b
after paragraph (1) there is inserted the following new paragraph:–
1A
A reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of a Board.
Amendment of regulation 4 of the 1996 Regulations3
In regulation 4 (dental list) in sub-paragraph (7)(a)(iv) “Common Services” is deleted.
Amendment of regulation 12 of the 1996 Regulations4
In regulation 12 (removal from dental list on grounds of age) paragraph (1) is deleted.
Amendment of regulation 18 of the 1996 Regulations5
In regulation 18 (arrangements for emergency cover) after the words “Health Board” there is inserted “or NHS trust”.
Amendment of regulation 19 of the 1996 Regulations6
In regulation 19 (Health Board patient information leaflets) after the words “Health Board” in the first place where they occur there is inserted “or NHS trust”.
Amendment of regulation 23 of the 1996 Regulations7
In regulation 23 (approval of payments)–
a
in paragraph (1)(a) for the words “a Health Board” there is substituted “the Agency”;
b
in paragraph (1)(b), (2) and (3) for the words “Health Board” in each place where they occur there is substituted “Agency”;
c
in paragraph (4) for the words “A Health Board” there is substituted “The Agency”.
Amendment of regulation 25 of the 1996 Regulations8
In regulation 25 (recovery of overpayments) in paragraph (1) for the words “a Health Board” in the first place where they occur there is substituted “the Agency”.
Amendment of regulation 29 of the 1996 Regulations9
In regulation 29 (amounts and times of payment)–
a
for paragraph (6) there is substituted–
6
Where the Health Board determined that a claimant is entitled to a payment, it shall inform the Agency of the amount of that payment and authorise the Agency to make the payment to the claimant.
b
after paragraph (6) there is inserted–
7
The Agency shall make to the claimant any payments authorised by the Health Board.
8
Payments under paragraph (7) shall be made monthly in arrears, and an appropriate proportion of the amount for a full month shall be paid where the claimant is entitled to a payment for part only of a month.
Amendment of regulation 30 of the 1996 Regulations10
In regulation 30 (changes of circumstances) in paragraph (2) for the words “entitlement to payment, it shall make such adjustment to payment as it considers to be appropriate” there is substituted “payments it shall determine the adjustment as respects those payments which is appropriate to take account of that change and notify the Agency accordingly”.
Amendment of regulation 31 of the 1996 Regulations11
In regulation 31 (overpayments) for the words “Health Board” in the first place where they occur there is substituted “the Agency”.
Amendment of regulation 32 of the 1996 Regulations12
In regulation 32 (payments to dentists suspended by direction of the Tribunal) for the words “Health Board” there is substituted “Agency”.
Amendment of Schedule 1 of the 1996 Regulations13
In Schedule 1 (terms of service) in paragraphs 39, 40, 41, 42, 44 and 45 after the words “Health Board” in each place where they occur and in paragraph 43 after those words in the second place where they occur, there is inserted “or NHS trust”.
Amendment of Schedule 6 of the 1996 Regulations14
In paragraph 2(b) of Schedule 6 (information to be included in Health Board patient information leaflets) after the words “Health Board” there is inserted “or NHS trust”.
Amendment of regulation 1 of the 1989 Regulations15
In regulation 1(2) (interpretation) after the definition of “the 1988 Act” there is inserted–
“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;
Amendment of regulation 4 of the 1989 Regulations16
In regulation 4 (calculation of charges) for the amount “£340” in both places where it occurs in paragraph (5) there is substituted “£348”4.
Amendment of regulation 11 of the 1989 Regulations17
In regulation 11 (reduction of remuneration and accounting for changes – general dental services) in paragraph (1) for the words “a Health Board” there is substituted “the Agency”.
(This note is not part of the Regulations)