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The National Health Service (Performers Lists) (England) Regulations 2013

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Additional grounds for refusal

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34.—(1) In addition to the grounds in regulation 7(2), the Board may refuse to admit a dental practitioner to the dental performers list if—

(a)the dental practitioner’s registration in the dentists register is subject to conditions by virtue of a direction of a Practice Committee under section 27B (Practice Committees), 27C (resumed hearings) or 28 (restoration to register) of the Dentists Act 1984(1);

(b)the dental practitioner is subject to an order for immediate conditional registration made by a Practice Committee under section 30 of the Dentists Act 1984 (orders for immediate suspension and immediate conditional registration)(2); or

(c)the dental practitioner is subject to an order for interim conditional registration made by a Practice Committee, Interim Orders Committee or the court under section 32 of the Dentists Act 1984 (interim orders)(3).

(2) In addition to the grounds in regulation 7(4), the Board must also refuse to admit a dental practitioner to the dental performers list if the dental practitioner is not undertaking foundation training and has neither completed foundation training nor is exempt under paragraph (4) from the requirement to undertake foundation training.

(3) For the purposes of regulation 7(2)(e), the day prescribed in this Part is 3rd March 2003 or, if the dental practitioner concerned had been included in a dental list, 14th December 2001.

(4) A dental practitioner is exempt from the requirement to undertake foundation training if the dental practitioner is—

(a)registered as a dental practitioner by virtue of section 15(1)(b) of the Dentists Act 1984 (registration of nationals of member States who hold the appropriate European diplomas)(4) or is in any other way a person in respect of whom a Member State is prohibited by Community law from imposing such a requirement;

(b)experienced in primary care as a dental practitioner for a total of at least two years full-time or an equivalent period part-time—

(i)in community dental service, or

(ii)in the armed forces of the Crown, or

(c)is judged, through an assessment by a post-graduate dental dean or director of postgraduate dental education to have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.

(1)

Sections 27B, 27C and 28 were substituted by S.I. 2005/2011.

(2)

Section 30 was substituted by S.I. 2005/2011.

(3)

Section 32 was substituted by S.I. 2005/2011.

(4)

Sub-section (1)(b) was substituted by S.I. 2007/3101.

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