The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2003

Made3rd March 2003

Laid before the Scottish Parliament5th March 2003

Coming into force1st April 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 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment Regulations 2003 and shall come into force on 1st April 2003.

Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 19962

1

The National Health Service (General Dental Services) (Scotland) Regulations 19962 are amended as follows.

2

In regulation 2(1) (interpretation) for the definition of “salaried dentist” there is substituted–

“salaried dentist” means a dentist employed by a Health Board or primary care NHS trust who undertakes to provide general dental services at a health centre, hospital or from any vehicle or moveable facility;

3

In regulation 12 (removal from dental list on grounds of age)–

a

for paragraph (2) substitute–

A Health Board or primary care NHS trust shall, on 1st April in every year, remove from the dental list the name of any dentist included in that list who has attained the age of 70 in the period of 12 months ending on 31st March preceding that 1st April.

b

in paragraph (3) for “paragraph (1) and (2)” in both places where the words appear substitute “paragraph (2)”.

4

In regulation 22(1) (statement of dental remuneration) in the table at the end of column 1 and column 2 respectively, insert “XIV” and “Practice allowances”.

5

In regulation 23(4)(b) (approval of payments) for “and IX” substitute “IX, Parts II and III of X, XI, XII, XIII and XIV”.

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh3rd March 2003

(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 Scottish Health Service.

Regulation 2(2) amends regulation 2 of the 1996 Regulations to insert a revised definition of “salaried dentist”. This is required in order to recognise, in the regulations, that salaried dentists work from mobile facilities as well as from health centres and hospitals.

Regulation 2(3) amends regulation 12 of the 1996 Regulations which specifies the age (currently 65) upon which a Health Board or primary care NHS trust must remove a dentist from its dental list. The amendment increases the age specified to 70 years.

Regulation 2(4) amends the Table set out in regulation 22 of the 1996 Regulations to add a new matter, namely “practice allowances”, to the list of matters on which Scottish Ministers shall make provision in a determination published in the Statement of Dental Remuneration. This, together with the amendment to regulation 23 of the 1996 Regulations made by regulation 2(5), will enable allowances to be paid to dentists by the Common Services Agency for the Scottish Health Service, one to recognise the increasing practice requirements in relation to the provision of high quality premises and the other for those who offer conscious sedation treatments.

Regulation 2(5) amends regulation 23 of the 1996 Regulations which requires the Common Services Agency for the Scottish Health Service to make payments to dentists in accordance with determinations contained in the Statement of Dental Remuneration. It includes the new determination in respect of “practice allowances”. It also inserts a reference in regulation 23 to Determinations XI, XII and XIII which should have been included in it in earlier regulations.