The National Health Service (General Dental Services) Amendment Regulations 2002

• Citation: S.I. 2002/558
• Sections: 11

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 2002 and shall come into force on 1st April 2002.

(2) These Regulations extend to England only.

Section 2 Amendment of the National Health Service (General Dental Services) Regulations 1992

The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.

Section 3 Amendment of regulation 5

In regulation 5 (application for inclusion in the dental list), for paragraph (3ZA)(a), substitute—

(a) the information provided by the dentist in accordance with paragraphs 5B and 14 of Schedule 2 and the references provided by the referees nominated by the dentist in accordance with paragraph 11A of that Schedule.

Section 4 Amendment of regulation 5ZA

In regulation 5ZA (grounds for refusal)—

(a) for paragraph (1)(c) substitute—

(c) that having contacted the referees nominated by the dentist in accordance with paragraph 11A of Schedule 2, they are not satisfied with the references given.

(b) in paragraph (3)(g) for the words from “what the facts were” to the end, substitute—

the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;

Section 5 Amendment of regulation 5ZB

In regulation 5ZB (deferment of decision)—

(a) in paragraph (1)(a) for the words from “legal proceedings” to “in the United Kingdom” substitute—

proceedings in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,

(b) in paragraph (1)(b) for “successful” substitute “adverse”;

(c) in paragraph (4) for “must notify the dentist” to the end, substitute—

shall notify the dentist in writing that he must—

update his application within 28 days of the date of the notification (or such longer period as the Health Authority may agree);

confirm in writing within the period mentioned in sub-paragraph (a) that he wishes to proceed with his application.

Section 6 Amendment of regulation 5ZD

In regulation 5ZD (conditional inclusion)—

(a) for paragraph (16) substitute—

(16) The Health Authority shall notify any person or body of the information specified in paragraph (14) if that person or body can establish that it is employing the dentist in a professional capacity and the Health Authority receives a written request (including an electronic request) from that person or body to do so.

(b) at the end of paragraph (17) add “relating to that information”.

Section 7 Amendment of regulation 8B

Regulation 8B (criteria for decisions on removal) shall be amended as follows—

(a) For paragraph (2)(b) substitute—

(b) the length of time since any offence, incident, conviction or investigation;

(b) for paragraph (2)(g) substitute—

(g) whether the dentist has been refused admittance to, conditionally included in, contingently removed, removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;

(c) for paragraph (4)(b) substitute—

(b) the length of time since the last incident of fraud occurred, and since any investigation into that incident of fraud was concluded;

(d) in paragraph (4)(e) for “the investigation” substitute “any investigation into the incident of fraud”;

(e) for paragraph (4)(f) substitute—

(f) whether he has been refused admittance to, conditionally included in, contingently removed, removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;

(f) for paragraph (6)(a) substitute—

(a) the nature of any incident which was prejudicial to the efficiency of the General Dental Services provided by him;

(g) for paragraph (6)(b) substitute—

(b) the length of time since the last such incident occurred, and since any investigation into that incident was concluded;

Section 8 Amendment of regulation 8D

In Regulation 8D (notifications by Health Authorities)—

(a) in paragraph (1), for “they shall notify the persons or bodies” to the end, substitute “they shall notify the persons and bodies specified in paragraph (2), and shall additionally notify those specified in paragraph (3) if so requested by those persons or bodies in writing (including electronically), of the matters set out in paragraph (4).”.

(b) for paragraph (3) substitute—

(3) The persons or bodies to be additionally notified in accordance with paragraph (1) are persons or bodies that can establish that they are considering employing the dentist in a professional capacity.

(c) at the end of paragraph (5) add “relating to that information”.

Section 9 Amendment of regulation 8E

In regulation 8E (procedure on removal), in paragraph (3)(c), omit “calendar”.

Section 10 Amendment of regulation 8G

In regulation 8G (procedure on review of Health Authority decision), omit paragraph (1)(e).

Section 11 Amendment of Schedule 4

In Schedule 4 (prior approval treatment), in each of paragraphs 1 and 2 of Part II, for “£260” substitute “£375”.