The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the preparation and publication by Primary Care Trusts of supplementary lists of dentists assisting in the provision of general dental services.

Regulation 2 is an interpretation provision.

Regulation 3 provides that each Primary Care Trust must prepare and publish a supplementary list. It also provides that no dentist may assist in the provision of general dental services unless on such a list or a dental list or services list (except a dentist in the first 2 months of vocational training).

Regulation 4 sets out how to apply to be included in the list, requires certain information to be given and prescribes the time within which the Primary Care Trust must decide whether or not to include a dentist in the list or to defer making such a decision. It relaxes those requirements for a dentist who is on the dental or services list of that Trust.

Regulation 5 provides for a dentist to be readmitted to the supplementary list on a successful appeal against conviction.

Regulation 6 sets out the grounds on which the Primary Care Trust may or must refuse to admit a dentist to the supplementary list, and the matters to which it must have regard.

Regulation 7 sets out the circumstances in which a Primary Care Trust may defer consideration of an application to include a dentist in the supplementary list and the procedure to be followed.

Regulation 8 allows Primary Care Trusts to enter a dentist’s name on the supplementary list subject to condition. It also allows a dentist’s name to be included in that list, until any appeal has been decided, provided he agrees to be bound by the condition until the appeal is determined.

Regulation 9 provides for a requirement that a dentist notify the Primary Care Trust in writing, within 7 days, if he, or a company of which he is a director, incurs any criminal convictions or other specified matters occur.

Regulation 10 provides for the mandatory removal from its supplementary list by a Primary Care Trust of any dentist convicted of murder or of a criminal offence and sentenced to over 6 months, and for the discretionary removal on specified grounds.

Regulation 11 sets out the criteria for decisions on discretionary removals from the supplementary list.

Regulation 12 allows a Primary Care Trust to impose conditions on a dentist who is included in the supplementary list, and for him to be removed if he fails to comply with those conditions.

Regulation 13 provides for a Primary Care Trust to suspend a dentist from the supplementary list, if certain conditions are met, for the procedure to be then followed and provides for payment to and in relation to suspended dentists.

Regulation 14 provides for review and the procedure to be followed by Primary Care Trusts where the Primary Care Trust decides to conditionally include, conditionally remove, or suspend a dentist from the supplementary list.

Regulation 15 provides for appeals from specified decisions to be heard by the FHSAA.

Regulation 16 provides for a Primary Care Trust to notify specified persons of specified information relating to decisions to refuse to admit, impose conditions, remove (or contingently remove) or suspend a dentist from the supplementary list.

Regulation 17 provides for the circumstances in which a dentist may or may not withdraw from the supplementary list and regulation 18 provides for the circumstances in which a dentist may not withdraw from the supplementary list.

Regulation 19 amends the statutory period for review set out in section 49N of the Act in specified circumstances.

Regulation 20 provides for the disclosure of information to specified persons.

Regulation 21 makes transitional provision for dentists, already assisting in providing general dental services before the coming into force of these Regulations, to continue to do so for a period of not more than six months, while their applications for inclusion in a supplementary list are determined. It also makes like provision for those applying for inclusion in a list in the first three months after the coming into force of these Regulations.

Regulation 22 amends the National Health Service (General Dental Services) Regulations 1992 by changing the age at which a dentist must be removed from a dental list from 65 to 70 years of age. It also amends Schedules 1 and 2 by adding requirements for dentists to report their having incurred an absolute discharge in Scotland or accepted certain penalties as an alternative to prosecution. It also provides that no principal dentist may employ a dentist to assist in providing general dental services unless that dentist is on a supplementary list, a dental list or a services list (except a dentist in the first 2 months of vocational training).