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

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Grounds for refusal of application

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7.—(1) The grounds on which a Health Board must refuse to include a dentist or body corporate in its dental list are that—

(a)the applicant is not a dentist, or body corporate;

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

(c)the applicant is disqualified;

(d)the applicant is suspended from the dental list or equivalent list;

(e)the applicant has not updated the application in accordance with regulation 8(4);

(f)the applicant 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, at the time of the application, the decision of that equivalent body remains in force;

(g)if the applicant is a dentist, any order has been made or any direction given in terms of the Dentists Act 1984 that the applicant’s registration in the register of dentists should be erased, removed or suspended, and at the time of the application, such order or direction remains in force;

(h)if the applicant is a dentist who is also a medical practitioner, any order has been made or any direction given in terms of the Medical Act 1983(1) that the applicant’s registration in the register of medical practitioners should be erased, removed or suspended, and at the time of the application, such order or direction remains in force;

(i)if the applicant is 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, at the time of the application, the erasure, removal or suspension remains in force; 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(2);

(j)in the case of an application by a dentist for inclusion in sub-part A of the first part of the dental list, the dentist does not have a vocational training number;

(k)if the dentist has withdrawn his or her name from—

(i)a dental list prepared under regulation 4 of the 1996 Regulations, or any equivalent list, in circumstances where the Secretary of State certified for the purposes of regulation 10(4) of the National Health Service (Superannuation) (Scotland) Regulations 1980(3), or as the case may be, regulation 8(7) of the National Health Service (Superannuation) Regulations 1980(4), that in the interests of the efficiency of general dental services the dentist should cease to provide such services;

(ii)a dental list prepared by any Health Board in terms of these Regulations, or under regulation 4 of the 1996 Regulations, in circumstances where the Secretary of State or the Scottish Ministers certified for the purposes of regulation E3(1)(b) (in respect of the period before 1st December 2006) or regulation E3(2)(b)(ii) or E3A(2)(d)(ii) (in respect of the period from 1st December 2006) of the National Health Service (Superannuation) (Scotland) Regulations 1995(5) that in the interests of the efficiency of general dental services the dentist should cease to provide such services; or

(iii)an equivalent list in circumstances where the Secretary of State has certified for the purposes of regulation E3(1)(b) (in respect of the period before 1st December 2006) or regulation E3(2)(b)(ii) or E3A(2)(d)(ii) (in respect of the period from 1st December 2006), of the National Health Service Pension Scheme Regulations 1995(6), or the Department of Health, Social Services and Public Safety in Northern Ireland has certified for the purposes of regulation 14(1)(b) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995(7) that in the interests of efficiency of the service in which the dentist is employed the dentist’s employment is terminated;

(l)the Health Board is not satisfied that the applicant (if a dentist) has a knowledge of English which, in the interests of the applicant and of patients who may receive general dental services from the applicant, is necessary for providing, or assisting with the provision of, general dental services;

(m)the applicant is employed by, is in an associateship agreement with, or intends (in the opinion of the Health Board) to be employed by, or in an associateship agreement with, a dentist or a dental body corporate that is disqualified at the time;

(n)the applicant provides, or intends to provide services under a contract of service to a dentist or a dental body corporate that is disqualified at the time;

(o)the applicant is a partner, of or intends to be a partner of, a dentist or dental body corporate that is disqualified at the time;

(p)the Health Board is not satisfied, after an inspection of the premises from where the applicant intends to provide general dental services, that the premises comply with the provisions of paragraph 42 of Schedule 1 which relate to the standards of premises and equipment required for the provision by a contractor of general dental services.

(2) Paragraph (1) is without prejudice to any duty on a Health Board not to add the applicant to a dental list by virtue of regulation 26 (practitioners subject to inquiry) of the National Health Service (Tribunal) (Scotland) Regulations 2004(8).

(3) When the Health Board has decided whether or not to include an applicant in its dental list, it shall, within 7 days, notify the applicant and any other Health Board which the applicant has specified in the application of that decision and if the Health Board has decided not to include the applicant, the grounds for the decision.

(4) When a Health Board has decided to include an applicant in a part or sub-part of its dental list and has notified another Health Board of that decision in accordance with paragraph (3), that other Health Board will not be required to comply with paragraphs (3) and (4) of regulation 5, and may include the applicant in that part or sub-part its dental list without further enquiry.

(2)

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

(3)

S.I. 1980/1177 (now revoked).

(4)

S.I. 1980/362 (now revoked).

(5)

S.I. 1995/365; regulations E3 and E3A were substituted for regulation E3 by S.S.I. 2006/561, regulation E3 was amended by S.S.I. 2008/226.

(6)

S.I. 1995/300; regulations E3 and E3A were substituted for regulation E3 by S.I. 2006/2919, regulation E3 was amended by S.I. 2008/654.

(7)

SR 1995 No. 95. Regulation 14(1)(b) was amended by SR 2002 No. 69.

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