Statutory Instrument 1999 No. 444 (S. 28)

The National Health Service (Scotland) (Injury Benefits) Amendment Regulations 1999

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© Crown Copyright 1999

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" "the health service" has the meaning given in section 108 of the National Health Service (Scotland) Act 1978[4];";

(b) after the definition of "average remuneration" insert-

" "dental hygienist" means a person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986[5];";

(c) after the definition of "dental list" insert-

" "dental pilot scheme employee" means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual or body providing those services;
"dental therapist" means a person whose name is included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986;";

(d) after the definition of "medical list" insert-

" "medical pilot scheme employee" means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual or body providing those services;
"NHS dental employee" means an individual who, in connection with the provision of services in the health service, is employed by-
(a) a National Health Service Trust;

(b) a Health Board;

(c) a registered dentist including one who is providing personal dental services in accordance with a pilot scheme;


"personal dental services" has the meaning given in section 1(8) of the 1997 Act;
"personal medical services" has the meaning given in section 1(8) of the 1997 Act;";

(e) delete the definition of "pilot scheme employee";

(f) for the definition of "practitioner" substitute-

" "practitioner" means-
(a) a registered medical practitioner or a registered dentist whose name is included on the medical list or, as the case may be, on the dental list of a Health Board, other than a registered dentist who is employed by a Health Board;

(b) an assistant practitioner;

(c) a registered medical practitioner or a registered dentist who is providing piloted services;

(d) a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme; and

(e) a registered medical practitioner or a registered dentist who is a medical pilot scheme employee or a dental pilot scheme employee, as the case may be, and-


(i) whose name appears on the medical list or, as the case may be, the dental list of a Health Board, other than a registered dentist who was employed by a Health Board; or

(ii) who was an assistant practitioner;



immediately before the commencement of employment as a medical or dental pilot scheme employee;";



(g) after the definition of "practitioner" insert-

" "registered dentist" has the meaning given in section 53(1) of the Dentists Act 1984[6];";

(h) after the definition of "relevant pension scheme" insert-

" "the Scheme" means the National Health Service Superannuation Scheme for Scotland, the rules of which are set out in the Superannuation Scheme Regulations;".

Persons to whom the Regulations apply
     4.  - (1) In regulation 3(1)-

(a) for sub-paragraph (e) substitute-


" (e) is a provider of piloted services other than a person to whom paragraph (1A) applies;";



(b) for sub-paragraph (f) substitute-



" (f) is a registered medical practitioner who is a medical pilot scheme employee and for whose employment the consent of the Health Board which is a participant in the pilot scheme in question has been obtained;";



(c) after sub-paragraph (f) insert-



" (g) is a registered dentist who is a dental pilot scheme employee;

(h) is a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme;

(i) is a dental therapist who is a dental pilot scheme employee; or

(j) is a dental hygienist who-


(i) is employed as a dental pilot scheme employee otherwise than by a National Health Service Trust; and

(ii) was, immediately before the commencement of such employment, a member of the Scheme, to whom these Regulations apply.".

    (2) After regulation 3(1) insert-

    " (1A) This paragraph applies to a person who is neither a registered dentist nor a dental therapist, and-


(a) who-


(i) immediately before the commencement of the pilot scheme, was employed by a National Health Service Trust as a NHS dental employee, and

(ii) was not at that time a member of the Scheme; or



(b) to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme.".

Helen Liddell
Minister of State, Scottish Office

11th February 1999



We consent


Clive Betts

Jim Dowd
Two of the Lords Commissioners of Her Majesty's Treasury

15th February 1999

[2] See the Superannuation Act 1972, section 10(1) and the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670), article 2.back

[3] S.I. 1998/1594.back

[4] 1978 c.29.back

[5] S.I. 1986/887 to which there are amendments not relevant to these Regulations.back

[6] 1984 c.24.back