The National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1999

• Citation: S.I. 1999/724
• Sections: 17

Section 1 Citation, commencement and interpretation

(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.

(2) In these Regulations–

“the 1996 Regulations ” means the National Health Service (General Dental Services) (Scotland) Regulations 1996 ;

“the 1989 Regulations ” means the National Health Service (Dental Charges) (Scotland) Regulations 1989 .

Section 2 Amendment of regulation 2 of the 1996 Regulations

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.

Section 3 Amendment of regulation 4 of the 1996 Regulations

In regulation 4 (dental list) in sub-paragraph (7)(a)(iv) “Common Services” is deleted.

Section 4 Amendment of regulation 12 of the 1996 Regulations

In regulation 12 (removal from dental list on grounds of age) paragraph (1) is deleted.

Section 5 Amendment of regulation 18 of the 1996 Regulations

In regulation 18 (arrangements for emergency cover) after the words “Health Board” there is inserted “or NHS trust”.

Section 6 Amendment of regulation 19 of the 1996 Regulations

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”.

Section 7 Amendment of regulation 23 of the 1996 Regulations

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”.

Section 8 Amendment of regulation 25 of the 1996 Regulations

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”.

Section 9 Amendment of regulation 29 of the 1996 Regulations

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.

Section 10 Amendment of regulation 30 of the 1996 Regulations

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”.

Section 11 Amendment of regulation 31 of the 1996 Regulations

In regulation 31 (overpayments) for the words “Health Board” in the first place where they occur there is substituted “the Agency”.

Section 12 Amendment of regulation 32 of the 1996 Regulations

In regulation 32 (payments to dentists suspended by direction of the Tribunal) for the words “Health Board” there is substituted “Agency”.

Section 13 Amendment of Schedule 1 of the 1996 Regulations

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”.

Section 14 Amendment of Schedule 6 of the 1996 Regulations

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”.

Section 15 Amendment of regulation 1 of the 1989 Regulations

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;

Section 16 Amendment of regulation 4 of the 1989 Regulations

In regulation 4 (calculation of charges) for the amount “£340” in both places where it occurs in paragraph (5) there is substituted “£348” .

Section 17 Amendment of regulation 11 of the 1989 Regulations

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”.