# The National Health Service (General Dental Services) (Scotland) Amendment (No.2) Regulations 1989

S.I. 1989/851 · made 14 May 1989

These Regulations further amend the National Health Service (General Dental Services) (Scotland) Regulations 1974 (“the principal Regulations”), which provide for the arrangements under which dentists provide general dental services under the National Health Service in Scotland.

Made under: National Health Service (Scotland) Act 1978 (Section 25, Section 105, Section 108); Health and Medicines Act 1988 (Section 8)

PDFs: Printed copy https://openlegislation.uk/national-health-service-general-dental-services-scotland-amendment-no2-regulations-1989/pdf/uksi_19890851_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE, SCOTLAND
Made 14th May 1989
Laid before Parliament 18th May 1989
Coming into force 9th June 1989
The Secretary of State, in exercise of powers conferred on him by sections 25(2), 105 and 108(1) of the National Health Service (Scotland) Act 1978 and section 8(1)(b), and (5) of the Health and Medicines Act 1988 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Amendment (No.2) Regulations 1989 and shall come into force on 9th June 1989.
(2) In these Regulations—
“the dental list” means the list prepared by a Health Board in accordance with regulation 4(1) of the principal Regulations;
“dentist” means a registered dental practitioner;
“the principal Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 1974.

## 2 Amendment of the principal regulations

After regulation 6 of the principal Regulations there shall be inserted the following regulation:—
“Removal from dental list on grounds of age
6A (1) A Health Board shall, on each of the dates specified in column (1 of the Table below, remove from the dental list the name of any dentist included in the list who has, on or before that date, attained the age specified in column (2) of the Table in relation to that date.
TABLE
(1)
(2)
1st April 1990
the age of 72
1st April 1991
the age of 71
1st April 1992
the age of 70
1st April 1993
the age of 69
1st April 1994
the age of 68
1st April 1995
the age of 67
1st April 1996
the age of 66
1st April 1997
the age of 65
(2) A Health Board shall, on 1st April in 1998 and in each successive year therafter, remove from the dental list the name of any dentist included in the list who has attained the age of 65 during the period of 12 months ending on 1st April in that year.
(3) A Health Board shall give to any dentist whose name is to be removed from the dental list in accordance with paragraph (1) or (2)—
(a) notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed; and
(b) a further such notice not less than 3 months nor more than 4 months before that date,
but the failure to give notice to any dentist as required by sub-paragraph (a) or (b) shall not prevent the removal of that dentist’s name from the dental list in accordance with paragraph (1) or (2).
(4) A Health Board shall, no later than 7 days after the removal in accordance with paragraph (1) or (2) of the name of any dentist from the dental list, notify the Secretary of State, in writing, of the name, address, date of birth and dental list number of the dentist in question.”

## 3 Transitional provision

In relation to any dentist whose name is to be removed from the dental list on 1st April 1990, the requirement as to notice in paragraph (3)(a) of regulation 6A of the principal Regulations shall have effect as if for the references to “12 months” and “13 months” there were substituted references to “9 months” and “10 months” respectively.

## Signature

Michael B Forsyth
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
14th May 1989

## Explanatory note

(This note is not part of the Regulations)
These Regulations further amend the National Health Service (General Dental Services) (Scotland) Regulations 1974 (“the principal Regulations”), which provide for the arrangements under which dentists provide general dental services under the National Health Service in Scotland.
Regulation 2 inserts a new regulation 6A into the principal Regulations to provide for the removal, annually from 1st April 1990, from lists of dentists providing general dental service, of the name of any dentist who has attained the age specified in relation to the year in question. The new regulation also provides for a dentist to be given written notice of the removal of his name from a list and for the Health Board to notify the Secretary of State. Transitional provision is made (in regulation 3 of these Regulations) for the period of notice applicable in relation to those dentists whose names fall to be removed on 1st April 1990.

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Source: https://www.legislation.gov.uk/uksi/1989/851 (the official version)
Page: https://openlegislation.uk/national-health-service-general-dental-services-scotland-amendment-no2-regulations-1989
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.