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The National Health Service (General Dental Services) (Scotland) Regulations 2010

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Removal from dental list

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12.—(1) Subject to paragraph (2) where a Health Board has determined that a dentist whose name has been included in its dental list has died, the Health Board shall remove the dentist’s name from the dental list with effect from the date of its determination.

(2) Where a dentist has died and—

(a)for so long as the dentist’s practice is carried on by the dentist’s personal representatives, surviving spouse, surviving civil partner, or any of the children of the deceased dentist, or trustees on behalf of the personal representatives, surviving spouse, surviving civil partner or any of the children of the deceased dentist, (“the dentist’s personal representatives”) in accordance with the provisions of the Dentists Act 1984(1), and

(b)the dentist’s personal representatives have appointed for that purpose a dentist or body corporate whose name is included in sub-part A of the first part of the dental list of the Health Board,

the Health Board shall not remove the dentist’s name from the dental list.

(3) Where a Health Board has determined that a dentist or body corporate whose name has been included in its dental list—

(a)has ceased to be a dentist or body corporate entitled by virtue of section 43 of the Dentists Act 1984 to carry on the business of dentistry;

(b)in the case of a dentist, has been convicted in the British Islands of murder;

(c)is disqualified;

(d)has been refused entry to, or removed from, an equivalent list by an equivalent body on grounds corresponding (whether or not exactly) to a condition for disqualification (and that refusal or removal is still in force);

(e)in the case of a dentist, any order has been made or any direction given in terms of the Dentists Act 1984 that the dentist’s registration in the register of dentists should be erased, removed or suspended and that erasure, removal or suspension is still in force (except where such order is an interim order or a direction is solely on the ground contained in section 27(2)(c)(2) of the Dentists Act 1984);

(f)in the case of a dentist who is also a medical practitioner any order has been made or any direction given in terms of the Medical Act 1983(3) that person’s registration in the register of medical practitioners should be erased, removed or suspended and that erasure, removal or suspension is still in force (except where such order is an interim order or a direction which relates to a health case (as health case is defined in section 35E of the Medical Act 1983));

(g)in the case of a body corporate—

(i)the registration of any director of that body corporate in the register of dentists or the dental care professionals register (as the case may be) has been erased, removed or suspended and that erasure, removal or suspension is still in force (except where such an order is an interim order or a direction is solely on the ground contained in section 27(2)(c) of the Dentists Act 1984); or

(ii)financial penalties have been imposed on the body corporate or on a director of the body corporate under section 43B of the Dentists Act 1984(4);

it shall remove the name of that dentist or body corporate from the dental list with effect from the date of its determination or, in the case of (c) above, the date on which the disqualification takes effect if that date is later than the date of the Health Board’s determination, and shall notify that dentist or body corporate as soon as practicable of the removal and the grounds for that removal.

(4) Subject to paragraph (5), where a Health Board has determined that—

(a)a dentist or body corporate whose name has been included for the preceding 6 months in the first part of its dental list, has not provided general dental services during that period;

(b)a dentist whose name has been included for the preceding 12 months in the second part of its dental list, has not assisted with the provision of general dental services during that period;

(c)the dentist is employed by a dentist or a body corporate that is disqualified at the time;

(d)the dentist or body corporate provides services under a contract of service to a dentist or a dental body corporate that is disqualified at the time;

(e)the dentist or body corporate is a partner of a dentist or a dental body corporate that is disqualified at the time;

(f)a dentist who is deemed to be included in a Health Board’s dental list by virtue of regulation 33(3)(a) or (b) has failed to provide to the Health Board all of the information, declarations, certificates, undertakings or consents required under, and within such timescales as is prescribed in, regulation 33(6); or

(g)a dentist or dental body corporate is in an associateship agreement with a dentist or dental body corporate that is disqualified at the time;

the Health Board shall remove the name of the dentist or body corporate from its dental list.

(5) Before making any determination under paragraph (4) the Health Board shall—

(a)give the dentist or body corporate 28 days’ notice of its intention to do so;

(b)afford the dentist or body corporate an opportunity of making representations to the Health Board in writing or in person; and

(c)in the case of a determination under paragraph 4(a) and (b) only, where the name of the dentist or body corporate is included in sub-part A of the first part of the dental list or where the name of the dentist is included in the second part of the dental list, consult the area dental committee.

(6) In calculating the period of 6 months or 12 months referred to in paragraph (4) there shall be disregarded any period during which—

(a)the dentist was performing relevant service;

(b)the dentist was on statutory maternity, paternity or adoption leave;

(c)the dentist was unable to provide general dental services or assist with the provision of such services because of sickness;

(d)the dentist or body corporate was suspended by direction of the Tribunal or was suspended by the Health Board, or

(e)the dentist or body corporate was performing personal dental services in connection with a pilot scheme.

(7) In this regulation “relevant service” means—

(a)whole-time service in the armed forces of the Crown in a national emergency as volunteer or otherwise; or

(b)compulsory whole-time service in those forces, including service resulting from any reserve liability; or

(c)any equivalent service by a person liable for compulsory whole-time service in those forces.

(8) Nothing in this regulation shall prejudice any right of a dentist or body corporate to have the dentist’s or body corporate’s name included again in a dental list.

(9) In this regulation “interim order” as referred to in paragraph (3)(e) and 3(g)(i) and in paragraph (3)(f) has the same meaning as in the Dentists Act 1984 and in the Medical Act 1983 respectively.

(1)

1984 c.24. Section 41 as relevantly amended by the Civil Partnership Act 2004 (c.33) Schedule 27 and by S.I. 2005/2011.

(2)

Section 27 was substituted by S.I. 2005/2011.

(4)

Section 43B was inserted by S.I. 2005/2011.

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