The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017

• Citation: S.I. 2017/200 (W.)
• Sections: 12

Section 1 Title, commencement and application

(1) The title of these Regulations is the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017.

(2) These Regulations come into force on 31 March 2017.

(3) These Regulations apply in relation to Wales.

Section 2 Interpretation

In these Regulations—

“the Act” (“ y Ddeddf ”) means the Care Standards Act 2000;

“dental care professional” (“ proffesiynolyn gofal deintyddol ”) means—

a dental hygienist;

a dental therapist; or

a clinical dental technician;

“dental hygienist” (“ hylenydd deintyddol ”), “dental therapist” (“ therapydd deintyddol ”) and “clinical dental technician” (“ technegydd deintyddol clinigol ”) mean persons registered as such with the General Dental Council in the dental care professionals register established under section 36B of the Dentists Act 1984 ;

“dental services” (“ gwasanaethau deintyddol ”) means dental care and treatment provided by a dentist;

“dentist” (“ deintydd ”) means a person registered in the dentist’s register kept in accordance with section 14 of the Dentists Act 1984;

“private dental practice” (“ practis deintyddol preifat ”) means an undertaking which consists or includes the provision of—

private dental services by a dentist, or

relevant professional services by a dental care professional, otherwise than for the purposes of the National Health Service (Wales) Act 2006 ;

“private dental services” (“ gwasanaethau deintyddol preifat ”) means dental services otherwise than for the purposes of the National Health Service (Wales) Act 2006;

“relevant professional services” (“ gwasanaethau proffesiynol perthnasol ”) means the provision of professional services in accordance with the full scope of practice of a dental care professional, otherwise than in accordance with prescription from a dentist but does not include—

the provision of tooth whitening services by a dental hygienist or a dental therapist, and

the provision and maintenance of dentures for dentate patients by a clinical dental technician.

Section 3 Application of Part 2 of the Act to persons carrying on or managing a private dental practice

(1) A person who carries on or manages a private dental practice is prescribed for the purposes of section 42(1) of the Act.

(2) The following provisions of Part 2 of the Act apply to persons prescribed by paragraph (1) and, where relevant, with the modifications specified in the Schedule—

(a) section 12(2);

(b) section 14(1)(d);

(c) section 15(3) and (5);

(d) section 16(1) and (3);

(e) section 22;

(f) section 23(1) to (3);

(g) section 25(1);

(h) section 30ZA;

(i) section 30ZB;

(j) section 30A(1), (3) and (4);

(k) section 33;

(l) section 34;

(m) section 35;

(n) section 36(3) and (4).

Section 1 Modification of section 14 of the Act

In section 14(1) of the Act (cancellation of registration), in the opening words of the subsection, for “or agency” substitute “, agency or private dental practice”.

Section 2 Modification of section 16 of the Act

In section 16(1) of the Act (regulations about registration), for “or agencies” substitute “, agencies or private dental practices”.

Section 3 Modification of section 22 of the Act

In section 22 of the Act (regulation of establishments and agencies)—

(a) in subsection (1), for “and agencies” substitute “, agencies or private dental practices”;

(b) in subsection (2)—

(i) in paragraphs (a), (f), (i) and (j), for “or agency” substitute “, agency or private dental practice”;

(ii) in paragraphs (b) and (c), after “agency” in each place where it occurs insert “or private dental practice”;

(iii) in paragraph (d), after “domiciliary care agency” insert “, or private dental practice”;

(iv) in paragraph (g), after “agency” insert “or a private dental practice”;

(c) in subsection (5)(b) and (c), after “establishment” in each place where it occurs insert “or private dental practice”;

(d) in subsection (7)—

(i) in the opening words of the subsection, after “agencies” insert “or private dental practices”;

(ii) in paragraphs (a) and (d), after “agencies” in each place where it occurs insert “or private dental practices”;

(iii) in paragraphs (e), (f), (g) and (h), after “agency” in each place where it occurs insert “or private dental practice”;

(iv) in paragraph (j)—

(aa) after “or agency” insert “or private dental practice”; and

(bb) after “the agency” insert “or private dental practice”.

Section 4 Modification of section 23 of the Act

In section 23(1) of the Act (national minimum standards), after “agencies” insert “or private dental practices”.

Section 5 Modification of section 30ZA of the Act

In section 30ZA(2)(a) of the Act (penalty notices), for “or agency” substitute “, agency or private dental practice”.

Section 6 Modification of section 30A of the Act

In section 30A(1) of the Act (notification of matters relating to persons carrying or managing certain establishments or agencies), after “subsection (6)” insert “or a private dental practice”.

Section 7 Modification of section 33 of the Act

In section 33(1) of the Act (annual returns), after “agency” insert “or private dental practice”.

Section 8 Modification of section 34 of the Act

In section 34 of the Act (liquidators etc. )—

(a) in subsection (1)(b), after “agency” insert “or private dental practice”; and

(b) in subsection (3), after “agency” in each place where it occurs insert “or private dental practice”.

Section 9 Modification of section 35 of the Act

In section 35 of the Act (death of registered person), after “agency” in each place where it occurs insert “or private dental practice”.