The National Health Service (General Dental Services) Amendment (No. 2) Regulations 1993

• Citation: S.I. 1993/3172
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No.2) Regulations 1993 and shall come into force on 22nd December 1993.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (General Dental Services) Regulations 1992 .

Section 2 Amendment of regulation 5 of the principal Regulations

(1) Regulation 5 of the principal Regulations (application for inclusion in the dental list) is amended as follows.

(2) In paragraph (2), for “paragraph (4)” there is substituted “paragraphs (3A) and (4)”.

(3) In paragraph (3), for “regulation 5A” there is substituted “these Regulations”.

(4) After paragraph (3) there is inserted—

(3A) Where a dentist’s application for a vocational training number is refused, the FHSA shall immediately determine to refuse his application under paragraph (1) on that ground alone, but the function of so doing shall be exercised on behalf of the FHSA by the Dental Vocational Training Authority .

(5) At the end of paragraph (4) there is inserted “and shall then apply as if the reference to the date of receipt of the application were a reference to the date of receipt of notice of his vocational training number”.

Section 3 Amendment of regulation 5A of the principal Regulations

(1) Regulation 5A of the principal Regulations (applications for vocational training numbers) is amended as follows.

(2) In the heading, at the end there is inserted “and notices of refusal to include in dental list”.

(3) For paragraph (8) there is substituted—

(8) If the Dental Vocational Training Authority determines not to allocate a vocational training number to the applicant, and therefore also determines to refuse his application under regulation 5(1), it shall within the period of 10 days beginning with the date of the latter determination send him—

(a) notice of the two determinations and of the reasons for them; and

(b) a statement telling him about his right to appeal to the Appeal Body against the refusal to include his name in a dental list because he has been refused a vocational training number, and giving the address to which any notice of appeal must be sent.

Section 4 Amendment of heading to regulation 5B of the principal Regulations

In the heading to regulation 5B of the principal Regulations, the words after “Appeal body” are omitted.

Section 5 Amendment of regulation 5C of the principal Regulations

(1) Regulation 5C of the principal Regulations (procedure on appeal) is amended as follows.

(2) For paragraph (1) there is substituted—

(1) A dentist whose application under regulation 5(1) has been refused because he has been refused a vocational training number may appeal against the refusal of his application under regulation 5(1) on the ground that he should have been allocated a vocational training number.

(1A) A successful appeal on this ground does not prevent the FHSA from subsequently refusing his application under regulation 5(1) on another ground.

(1B) Such a dentist shall appeal against the refusal by giving the Appeal Body, within the period of 28 days beginning with the date upon which he receives the notice provided for in regulation 5A(8) (or such extended period as the Appeal Body may allow pursuant to paragraph (2)), a written notice of appeal setting out a statement of the facts and contentions on which he intends to rely.

(3) In paragraph (14), at the end there is inserted “; and shall cancel its refusal on behalf of the FHSA of the dentist’s application under regulation 5(1)”.