Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Scottish Dental Practice Board Amendment Regulations 2010 and come into force on 2nd July 2010.

(2) In these Regulations, "the principal Regulations" means the Scottish Dental Practice Board Regulations 1997(2).

Amendment of the principal Regulations

2.–(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 1996(3)" substitute "National Health Service (General Dental Services) (Scotland) Regulations 2010(4)".

(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 1985(5) or the Insolvency Act 1986(6); 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 1984(7) 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 29B(8) of the Act, or conditionally disqualified under section 29C(9) 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".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Scottish Dental Practice Board Regulations 1997 ("the principal Regulations") which make provision for the continued existence of the Scottish Dental Practice Board.

Regulation 2(2), (5) and (6) is consequential on the revocation of the National Health Service (General Dental Services) (Scotland) Regulations 1996 and their replacement by the National Health Service (General Dental Services) (Scotland) Regulations 2010.

Regulation 2(3) and (4) amends the principal Regulations to take account of recent changes to the sanctions which can be imposed on dentists.