The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2003

Scottish Statutory Instruments

2003 No. 422

NATIONAL HEALTH SERVICE

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2003

Made

8th September 2003

Laid before the Scottish Parliament

10th September 2003

Coming into force

1st October 2003

The Scottish Ministers, in exercise of the powers conferred by sections 2(5), 25(1) and (2), 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 (No. 2) Regulations 2003 and shall come into force on 1st October 2003.

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, in column 2, for “Maternity payments” there is substituted “Maternity, paternity and adoptive leave payments”.

(3) In each of paragraphs 1 and 2 in Part II of Schedule 4 (prior approval of care and treatment)(4) for “£270” there is substituted “£280”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

8th September 2003

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 arrangements under which dentists provide general dental services as part of the National Health Service in Scotland.

Regulation 2(2) amends the table set out in regulation 22(1) of the 1996 Regulations to substitute a new matter for determination V in the Statement of Dental Remuneration, changing it from “Maternity payments” to “Maternity, paternity and adoptive leave payments”. This will enable the Scottish Ministers to make provision in the Statement of Dental Remuneration for paternity and adoptive leave payments, as well as for maternity payments.

Regulation 2(3) amends Schedule 4 to the 1996 Regulations to increase from £270 to £280 the amount specified as the maximum cost, or likely cost, of care and treatment which a dentist may undertake without seeking the prior approval of the Scottish Dental Practice Board.

(1)

1978 c. 29; Section 25(2) was amended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), Schedule 2, paragraph 11, by the National Health Service and Community Care Act 1990 (c. 19), section 40(2) and Schedule 9, paragraph 19(6) and by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 43 and Schedule 3 and was extended by the 1988 Act, section 17; 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, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8) (“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 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.

(3)

Relevant amending instruments are S.S.I. 2000/352, 2001/368, 2002/99 and 268 and 2003/131.

(4)

Relevant amending instruments are S.I. 1998/1663 and S.S.I. 2001/57 and 2002/192.