OpenLegislation

Regulation 2 Amendment of the principal Regulations

Original text. Later amendments are not shown.

(1)

The principal Regulations are amended in accordance with the following paragraphs.

(2)

In regulation 2 (interpretation), in the definitions of “associateship agreement”, “dental officer” and “estimate”, for “National Health Service (General Dental Services) (Scotland) Regulations 1996f1” substitute “National Health Service (General Dental Services) (Scotland) Regulations 2010f2”.

(3)

In regulation 8(2) (termination of tenure of office), for sub‑paragraph (d) substitute—

“if the member is a person—

(i)

whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force);

(ii)

who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it);

(iii)

who is the subject of—

(aa)

a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985f3 or the Insolvency Act 1986f4; or

(bb)

a bankruptcy restrictions undertaking entered into under either of those Acts; or

(iv)

who has been adjudged bankrupt (and has not been discharged), or is subject to any other kind of order, arrangement or undertaking analogous to those described above, in England, Wales, Northern Ireland, the Channel Islands, the Isle of Man or the Republic of Ireland.”.

(4)

In regulation 8(3) (termination of tenure of office) for sub-paragraph (b), substitute—

“(b)

in the case of a dental member—

(i)

if that member’s name has been erased from the register kept under section 14 of the Dentists Act 1984f5 or that member’s registration in that register has been suspended or made subject to conditions; or

(ii)

if that member has been disqualified by the Tribunal under section 29Bf6 of the Act, or conditionally disqualified under section 29Cf7 of the Act, from being included in any list kept under Part I or Part II of the Act, or has been the subject of any decision made in England, Wales or Northern Ireland which corresponds (whether or not exactly) with a decision which may be made under section 29B or section 29C of the Act.”.

(5)

In regulation 10(2) (functions) for “National Health Service (General Dental Services) (Scotland) Regulations 1996” substitute “National Health Service (General Dental Services) (Scotland) Regulations 2010”.

(6)

In regulation 17 (arrangements for general dental services) for “National Health Service (General Dental Services) (Scotland) Regulations 1996” substitute “National Health Service (General Dental Services) (Scotland) Regulations 2010”.

Annotations

Footnotes

f1

S.I. 1996/177.

f2

S.S.I. 2010/208.

f3

1985 c.66.

f4

1986 c.45.

f5

1984 c.24; section 14 was amended by S.I. 2005/2011 and 2007/3101.

f6

Section 29B was inserted by the Health Act 1999 (c.8) (the “1999 Act”) section 58(1) and was amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (the “2005 Act”) section 26 and paragraph 1 of schedule 3.

f7

Section 29C was inserted by the 1999 Act, section 58(1), and amended by the 2005 Act, section 26, and by S.S.I. 2004/167.