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The National Health Service (General Dental Services) (Scotland) Amendment Regulations 1995

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Payments to dentists suspended by direction of the Tribunal

7.  After regulation 38, there shall be inserted the following new Part:—

PART IXPAYMENTS IN CONSEQUENCE OF SUSPENSION BY THE NHS TRIBUNAL

Payments to dentists suspended by direction of the Tribunal

39.(1) The Health Board shall make payments to any dentist who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination for the time being in force in relation to such payments.

(2) The Secretary of State’s determination shall be made in accordance with paragraphs (3) and (4) after consultation with the organisations referred to in regulation 26(1) and shall be published with the Statement referred to in regulation 26(1).

(3) Subject to paragraph (4), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, and after making adjustments for any reduction in expenses, the suspended dentist receives payments at a rate corresponding to his remuneration by virtue of regulation 26 during the 12 months ending with the direction for suspension by the Tribunal.

(4) The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.

(5) Regulation 26(2) shall apply to determinations under this regulation as it applies to determinations under that regulation.

(6) Regulation 38 shall apply to payments made under this Part as it applies to payments made under Part VIII..

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