National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003
2003 No. 250
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003
Made 7th February 2003
Laid before Parliament 10th February 2003
The Secretary of State, in exercise of the powers conferred upon him by sections 8, 35, 36, 37(1C), 43D, 49N and 126(4) of the National Health Service Act 19771and section 65 of the Health and Social Care Act 20012, and all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003 and shall come into force on 3rd March 2003, except for:
(a)
(a) regulation 22(1), which shall come into force on 1st April 2003; and
(b)
(b) regulation 3(1), which shall come into force on 3rd September 2003.
(2) These Regulations apply to England only.
PART I
Interpretation
2.—(1) In this Part, unless the context otherwise requires—
“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20013;
“Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20024;
“contingent removal” shall be construed in accordance with section 49G5;
“dental list” means the list prepared by a Primary Care Trust under regulation 4 of the Dental Regulations6;
“the Dentists Register” means the register of dentists kept by virtue of section 14 of the Dentists Act;
“Dental Regulations” means the National Health Service (General Dental Services) Regulations 19927;
“dentist” means a registered dental practitioner;
“Dentists Act” means the Dentists Act 19848;
“director” means—
(a) a director of a body corporate; or
(b) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);
“employment” means any employment, whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;
“equivalent body” means a Health Authority in Wales, a Health Board or an NHS Trust in Scotland or a Health and Social Services Board in Northern Ireland or, in relation to any time prior to 1st October 2002, a Health Authority in England;
“equivalent list” means a list kept by an equivalent body;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S9;
“fraud case” means a case where a person satisfies the second condition for removal from the dental list, set out in section 49F(3)10or by virtue of section 49H is treated as doing so;
“Health Committee” means the Health Committee of the General Dental Council constituted under section 2(4) of the Dentists Act;
“licensing or regulatory body” means the body that licenses or regulates any profession of which the dentist is, or has been a member, and includes any body which licences or regulates any such profession outside the United Kingdom;
“list” means a supplementary list, a dental list or a services list;
“a national disqualification” means a decision—
(a) made by the FHSAA to nationally disqualify a dentist under section 49N;
(b) to nationally disqualify a dentist under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or
(c) by the Tribunal, which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;
“the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 1111;
“the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service12;
“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;
“Preliminary Proceedings Committee” means the Preliminary Proceedings Committee of the General Dental Council constituted under section 2(1) of the Dentists Act;
“professional conduct” includes matters relating both to professional conduct and professional performance;
“Professional Conduct Committee” means the Professional Conduct Committee of the General Dental Council constituted under section 2(2) of the Dentists Act;
“Primary Care Act” means the National Health Service (Primary Care) Act 199713;
“professional registration number” means the number against the dentist’s name in the Dentists Register;
“services list” means a list prepared under section 28DA14or section 8ZA of the Primary Care Act15;
“suspended” means—
(a) suspended by a Primary Care Trust or Health Authority under section 49I or 49J, regulations made under sections 28DA or 43D, including these Regulations, or section 8ZA of the Primary Care Act,
(b) in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in sections 49I or 49J,
and shall be treated as including a case where a person is treated as suspended by a Primary Care Trust or, prior to 1st October 2002, a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;
“the Tribunal” means the Tribunal constituted under section 4616for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales only until 26th August 200217.
(2) All references in these Regulations to sections are to sections of the National Health Service Act 1977, except where specified otherwise.
Supplementary list
3.—(1) A Primary Care Trust shall prepare and publish a supplementary list of all dentists approved by the Primary Care Trust for the purposes of assisting in the provision of general dental services.
(2) Subject to regulation 21 and paragraph (3), unless a dentist’s name is included in a supplementary list, a dental list or a services list he may not assist in the provision of general dental services.
(3) Paragraph (2) does not apply to a dentist who is undertaking vocational training during the first two months of that training.
(4) In respect of any dentist whose name is included in it, a supplementary list shall include—
(a)
(a) the dentist’s full name;
(b)
(b) his professional registration number;
(c)
(c) his date of birth, where he consents, or if not, his date of first registration in the Dentists Register; and
(d)
(d) the date that the dentist’s name was included in the supplementary list.
(5) The supplementary list shall be available for public inspection.
(6) In paragraph (3) “vocational training” means a period of one year’s full time employment (or an equivalent period of part-time employment) during which a dentist is employed under a contract of service by an approved trainer to provide a wide range of dental care and treatment and to attend such study days as that contract requires with the aim and objectives set out respectively in paragraphs 1 and 2 of Schedule 1A to the Dental Regulations18.
Application for inclusion in the supplementary list
4.—(1) Subject to paragraphs (8) and (9), an application by a dentist for the inclusion of his name in the supplementary list shall be made by sending the Primary Care Trust an application in writing, which shall include the information mentioned in paragraph (2), the undertakings and consents required by paragraphs (3) and (6) and any declaration required under paragraph (1), (4) or (5).
(2) The dentist shall provide the following information—
(a)
(a) his full name;
(b)
(b) his sex;
(c)
(c) his date of birth;
(d)
(d) his private address and telephone number;
(e)
(e) a declaration that he is a fully registered dentist included in the Dentists Register;
(f)
(f) his professional registration number and date of first registration in the Dentists Register;
(g)
(g) chronological details of professional experience (including the starting and finishing dates of each appointment together with an explanation of any gaps between appointments) and any additional supporting particulars, including whether that experience was in the provision of general dental services (whether as a principal or assistant) and an explanation of why he was dismissed from any post;
(h)
(h) names and addresses of two referees who are willing to provide clinical references relating to two recent posts (which may include any current post) as a dentist which lasted at least three months without a significant break, and where this is not possible, a full explanation and the names and addresses of alternative referees;
(i)
(i) the name and address of the principal dentist who, or the body which, proposes to employ him as an assistant in the provision of general dental services and whether or not that name is included in a Primary Care Trust’s dental list and, if that person has partners, associates or directors, the names and addresses of any such persons;
(j)
(j) whether the general dental services, which he is to assist in providing, are restricted to orthodontic treatment; and
(k)
(k) has any outstanding application, including a deferred application, to be included in a list or an equivalent list.
(3) The dentist shall provide the following undertakings and consent—
(a)
(a) undertaking to...
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