The Registration of Private Dentistry (Wales) Regulations 2017

In these Regulations—

• “the Act” (“y Ddeddf”) means the Care Standards Act 2000 and, with respect to Part 2 of that Act, means that Part as applied with modifications to private dental practices by the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 and by regulation 39 of the Private Dentistry (Wales) Regulations 2017;

• “the 2017 Regulations” (“Rheoliadau 2017”) means the Private Dentistry (Wales) Regulations 20173;

• “applicant” (“ceisydd”) means the person seeking to be registered;

• “appropriate office of the registration authority” (“swyddfa briodol yr awdurdod cofrestru”) in relation to a private dental practice—

  1. a

     if an office has been specified under regulation 3(2) of the Private Dentistry (Wales) Regulations 2017, that office;

  2. b

     in any other case, any office of the registration authority;

• “dental care professional” (“proffesiynolyn gofal deintyddol”) means—

  1. a

     a dental hygienist;

  2. b

     a dental therapist; or

  3. c

     a clinical dental technician;

• “dental hygienist” (“hylenydd deintyddol”), “dental therapist” (“therapydd deintyddol”) and “clinical dental technician” (“technegydd deintyddol clinigol”) mean persons registered as such with the General Dental Council in the dental care professionals register established under section 36B of the Dentists Act 19844;

• “dental performers list” (“rhestr perfformwyr deintyddol”) means the list prepared by a Local Health Board or the National Health Service Commissioning Board and published pursuant to regulation 3(1)(b) of the National Health Service (Performers Lists) (Wales) Regulations 20045 or regulations under section 106 of the National Health Service Act 20066 as appropriate;

• “dental services” (“gwasanaethau deintyddol”) means dental care and treatment provided by a dentist;

• “dentist” (“deintydd”) means a person registered in the dentist’s register kept in accordance with section 14 of the Dentists Act 1984;

• “exposure-prone procedures” (“triniaethau a all arwain at gysylltiad”) for the purposes of these Regulations refers to invasive procedures where there is a risk that injury to the dentist or dental care professional may result in the exposure of a patient’s open tissue to the blood of the dentist or dental care professional;

• “holding company” (“cwmni daliannol”) has the meaning given to it by section 1159 of the Companies Act 20067;

• “insurance” (“yswiriant”) means—

  1. a

     a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a dentist or dental care professional, or

  2. b

     an arrangement made for the purposes of indemnifying a person against such liabilities;

• “organisation” (“sefydliad”) means a body corporate or any unincorporated association other than a partnership;

• “private dental practice” (“practis deintyddol preifat”)8 means an undertaking which consists or includes the provision of—

  1. a

     private dental services by a dentist, or

  2. b

     relevant professional services by a dental care professional, otherwise than for the purposes of the National Health Service (Wales) Act 20069;

• “professional registration number” (“rhif cofrestru proffesiynol”) means the number against the person’s name in the dentists register kept in accordance with section 14 of the Dentists Act 1984;

• “reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 201010;

• “registered manager” (“rheolwr cofrestredig”) means a person who is registered under Part 2 of the Act as the manager of a private dental practice;

• “registered person” (“person cofrestredig”) means a person who is the registered provider or the registered manager of a private dental practice;

• “registered provider” (“darparwr cofrestredig”) means a person who is registered under Part 2 of the Act as the person carrying on a private dental practice;

• “registration” (“cofrestriad”, “cofrestru”) means registration under Part 2 of the Act;

• “relevant professional services” (“gwasanaethau proffesiynol perthnasol”) means the provision of professional services in accordance with the full scope of practice of a dental care professional, otherwise than in accordance with prescription from a dentist but does not include—

  1. a

     the provision of tooth whitening services by a dental hygienist or a dental therapist, and

  2. b

     the provision and maintenance of dentures for dentate patients11 by a clinical dental technician;

• “responsible individual” (“unigolyn cyfrifol”) means an individual who is a director, manager, secretary, or other officer of an organisation and is responsible for supervising the management of a private dental practice;

• “responsible person” (“person cyfrifol”) means—

  1. a

     where the applicant is an individual—

     1. i

        the applicant; and

     2. ii

        if the applicant carries on or intends to carry on the private dental practice in partnership with others, each partner of the applicant;

  2. b

     where the applicant is a partnership, each member of the partnership;

  3. c

     where the applicant is an organisation, the responsible individual;

• “statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 5(1) of the Private Dentistry (Wales) Regulations 2017;

• “subsidiary” (“is-gwmni”) has the meaning given to it by section 1159 of the Companies Act 2006.

If the registration authority so requests, the applicant must provide full information to the registration authority in respect of the matters listed in Part 3 of Schedule 1 in relation to any person specified for this purpose by the registration authority, who works, or intends to work, at the private dental practice.

In this regulation—

• “application” (“cais”) means an application by the registered person under section 15(1)(a) of the Act for the variation or removal of a condition in relation to that person’s registration; and

• “proposed effective date” (“dyddiad effeithiol arfaethedig”) means the date requested by the registered person as the date on which the variation or removal applied for is to take effect.

The registered person must provide the registration authority with any other documents or information that the registration authority may reasonably require in relation to the application.

For the purposes of section 14(1)(d) of the Act, the ground on which the registration authority may cancel the registration of a person in respect of a private dental practice is specified in paragraph (2).

The ground referred to in paragraph (1) is that the private dental practice has ceased to be financially viable or is likely to cease to be so at any time within the next 6 months.

In this regulation—

• “application for cancellation” (“cais i ganslo”) means an application by the registered person under section 15(1)(b) of the Act for the cancellation of that person’s registration;

• “notice of application for cancellation” (“hysbysiad o gais i ganslo”) means a notice by the registered person stating that the registered person has made, or intends to make, an application for cancellation; and

• “proposed effective date” (“dyddiad effeithiol arfaethedig”) means the date requested by the registered person as the date on which the cancellation applied for is to take effect.

If the registered person makes an application for cancellation the registered person must, not more than seven days thereafter, give notice of the application for cancellation to each of the persons specified in paragraph (4)(d), other than a person to whom the registered person has given such notice within 3 months before making the application for cancellation.