National Health Service (General Dental Services and Dental Charges) (Scotland) Amendment Regulations 2002

Year2002
SCOTTISH STATUTORY INSTRUMENTS
2002 No. 99
NATIONAL HEALTH SERVICE
The National Health Service (General Dental Services and
Dental Charges) (Scotland) Amendment Regulations 2002
Made 6th March 2002
Laid before the Scottish Parliament 8th March 2002
Coming into force 1st April 2002
The Scottish Ministers, in exercise of the powers conferred by sections 2(5), 25(2) and (2B),
70(1A), 71(1), 71A, 105(7) and 108(1) of the National Hea lth Service (Scotland) Act 1978(a) and
of all other powers enabling them in that behalf, her eby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the National Health Service (General Dental Services
and Dental Charges) (Scotland) Amendment Regula tions 2002 and shall come into force on 1st
April 2002.
Amendment of the National Health Service (General Dental Services) (Scotland) Regulations
1996
2.—(1) The National Health Service (General Dental Se rvices) (Scotland) Regulations 1996(b)
are amended as follows.
(2) In regulation 22(1) (stateme nt of dental remuneration)( c) in the table at the end of
column 1 and column 2 respectively there is inserted “XI” and “Clinical audit allowances” and
“XII” and “Remote area allowances”.
(3) In Schedule 1 (terms of service for dentists)–
(a) for paragraph 17 (occasional treatment)(d) there is substituted–
17.—(1) Whether or not a patient has entered into a continuing care arrangement or
capitation arrangement wit h another dentist, a dentist who is not acting on behalf of that
dentist may provide any of the items listed in sub-paragraph (2) as occasional treatment.
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(a) 1978 c.29; section 25(2) was amended by the Health and Medicines Act 1988 (c.49) (the 1988 Act”), Schedule 2,
paragraph 11 and by the National Health Service and Community Care Act 1990 (c.19), section 40(2) and Schedule
9, paragraph 19(6) and was extended by the 1988 Act, section 17; section 70(1A) and 71A were inserted by, and
section 71(1) was amended by, section 11 of the 1988 Act; 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 functions of the Secretary of
State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
(b) S.I. 1996/177; the relevant amending instruments are S.I. 1996/2060, 1998/1663 and 1999/724, and S.S.I. 1999/51,
2000/188, 352 and 394 and 2001/368.
(c) Regulation 22 was amended by S.S.I. 2000/352, regulation 3 and S.S.I. 2001/368, regulation 2(6).
(d) Paragraph 17 was amended by S.I. 1998/1663, regulation 6(4) and S.S.I. 2001/368, regulation 2(7).

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