# The National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2010, Note: Explanatory note

Extent: S

(This note is not part of the Regulations)
These Regulations amend the National Health Service (Discipline Committees) (Scotland) Regulations 2006 (“the principal Regulations”) which make provision relating to the NHS discipline committees.
These Regulations are consequential upon the coming into force of certain amendments made to the National Health Service (Scotland) Act 1978 (“the 1978 Act”) by the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) as regards dental bodies corporate. They also contain an amendment to the principal Regulations correcting a cross reference to “practitioner” which erroneously included a member of the joint discipline committee for the purposes of that definition in Schedule 2.
Regulation 2(2)(a) inserts a new definition of “dental body corporate”. The definition of “dental body corporate” is by reference to section 43 of the Dentists Act 1984 as amended by the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011).
Regulation 2(2)(b) inserts new definitions for the phrases “him or her” and “his or her” which modify those phrases to include “it” and “its” respectively when they refer to a dental body corporate.
Regulation 2(2)(c) amends the definition of “General Dental Services Regulations” to take account of the revocation of the National Health Service (General Dental Services) (Scotland) Regulations 1996 (S.I. 1996/177) and their replacement by the National Health Service (General Dental Services) (Scotland) Regulations 2010 (S.S.I. 2010/208), (the “GDS regulations 2010”).
Regulation 2(2)(c) amends the definition of “practitioner” by inserting “dental body corporate”.
Regulation 2(2)(d) limits the exception of the application of the definition of “practitioner” to Schedule 1 and consequently applies that definition to Schedule 2. This, together with the amendment in Regulation 2(11)(d)(i) corrects a cross reference to practitioner in Schedule 2 which erroneously included a member of the joint discipline committee for the purposes of that Schedule.
Regulation 2(2)(e) amends the definition of “terms of service” by inserting “or dental body corporate”.
Regulation 2(2)(f) amends the definition of “treatment” by inserting “or dental body corporate”.
Regulation 2(3) amends regulation 2(2)(a) of the principal Regulations to take account of the revocation of the National Health Service (General Dental Services) (Scotland) Regulations 1996 and their replacement by the GDS Regulations 2010 on 2nd July 2010.
Regulations 2(4), (5), (6), (7), (8), (10) and (11)(d)(ii) amend regulations 4(6)(a), 5(3)(b), 6(7)(c), 10(7)(b) and 11, Schedule 1, paragraph 2(4)(b) and Schedule 2, paragraph 9(b)(ii) respectively of the principal Regulations by inserting references to “dental body corporate”.
Regulation 2(9) amends regulation 16 of the principal Regulations by substituting reference to the Administrative Justice and Tribunals Council for reference to the Council on Tribunals following the replacement of the latter by the former in terms of the Tribunals, Courts and Enforcement Act 2007.
Regulation 2(11)(a) and (b) amends paragraph 2 of Schedule 2 of the principal Regulations in consequence of the GDS Regulations 2010.
Regulation 2(11)(c) amends paragraph 5(2)(a) of Schedule 2 to provide for circumstances where a dental body corporate may be required to attend at discipline committee hearing.

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Source: https://www.legislation.gov.uk/ssi/2010/226/note (the official version)
Page: https://openlegislation.uk/national-health-service-discipline-committees-scotland-amendment-regulations-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.