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

Interpretation

2.—(1) In this Part, unless the context otherwise requires—

“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001(1);

“Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002(2);

“contingent removal” shall be construed in accordance with section 49G(3);

“dental list” means the list prepared by a Primary Care Trust under regulation 4 of the Dental Regulations(4);

“the Dentists Register” means the register of dentists kept by virtue of section 14 of the Dentists Act;

“Dental Regulations” means the National Health Service (General Dental Services) Regulations 1992(5);

“dentist” means a registered dental practitioner;

“Dentists Act” means the Dentists Act 1984(6);

“director” means—

(a)

a director of a body corporate; or

(b)

a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

“employment” means any employment, whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;

“equivalent body” means a Health Authority in Wales, a Health Board or an NHS Trust in Scotland or a Health and Social Services Board in Northern Ireland or, in relation to any time prior to 1st October 2002, a Health Authority in England;

“equivalent list” means a list kept by an equivalent body;

“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S(7);

“fraud case” means a case where a person satisfies the second condition for removal from the dental list, set out in section 49F(3)(8) or by virtue of section 49H is treated as doing so;

“Health Committee” means the Health Committee of the General Dental Council constituted under section 2(4) of the Dentists Act;

“licensing or regulatory body” means the body that licenses or regulates any profession of which the dentist is, or has been a member, and includes any body which licences or regulates any such profession outside the United Kingdom;

“list” means a supplementary list, a dental list or a services list;

“a national disqualification” means a decision—

(a)

made by the FHSAA to nationally disqualify a dentist under section 49N;

(b)

to nationally disqualify a dentist under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or

(c)

by the Tribunal, which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;

“the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 11(9);

“the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service(10);

“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;

“Preliminary Proceedings Committee” means the Preliminary Proceedings Committee of the General Dental Council constituted under section 2(1) of the Dentists Act;

“professional conduct” includes matters relating both to professional conduct and professional performance;

“Professional Conduct Committee” means the Professional Conduct Committee of the General Dental Council constituted under section 2(2) of the Dentists Act;

“Primary Care Act” means the National Health Service (Primary Care) Act 1997(11);

“professional registration number” means the number against the dentist’s name in the Dentists Register;

“services list” means a list prepared under section 28DA(12) or section 8ZA of the Primary Care Act(13);

“suspended” means—

(a)

suspended by a Primary Care Trust or Health Authority under section 49I or 49J, regulations made under sections 28DA or 43D, including these Regulations, or section 8ZA of the Primary Care Act,

(b)

in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in sections 49I or 49J,

and shall be treated as including a case where a person is treated as suspended by a Primary Care Trust or, prior to 1st October 2002, a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;

“the Tribunal” means the Tribunal constituted under section 46(14) for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales only until 26th August 2002(15).

(2) All references in these Regulations to sections are to sections of the National Health Service Act 1977, except where specified otherwise.

(1)

S.I. 2001/ 3744.

(2)

S.I. 2002/1920.

(3)

Sections 49G to 49R were inserted by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 2, paragraphs 21 to 28.

(4)

S.I. 1992/661; relevant amendments to regulation 4 are S.I. 1995/3092, 1998/1648, 2001/289, 2421, 2706, 3741, 3963 and 2002/2469.

(5)

S.I. 1992/661.

(6)

1984 c. 24.

(7)

Section 49S was inserted by the 2001 Act, section 27(1) and amended by the 2002 Act, Schedule 1, paragraph 18.

(8)

Sections 49F and 49H were inserted by the 2001 Act, section 25; section 49F was amended by the 2002 Act, Schedule 2, paragraph 21.

(9)

The NCAA was established by S.I. 2000/2961.

(10)

The National Health Service Counter Fraud Service may be contacted by writing to them at Hannibal House, Elephant and Castle, London SE1 6TE, or e-mailing them on [e-mail].

(11)

1997 c. 46.

(12)

Section 28DA was inserted by section 26(1) of the 2001 Act.

(13)

Section 8ZA was inserted by the 2001 Act and amended by the 2002 Act, Schedule 3, paragraph 3.

(14)

Section 46 was substituted by the Health Act 1999 c. 8.

(15)

See S.I. 2001/3738, article 2(5) and (6)(b), which sets out the prescribed cases for England and S.I. 2002/1919, article 2(2) and (3)(b), which sets out the prescribed cases for Wales.