The Private Dentistry (Wales) Regulations 2017

Fitness of registered provider

9.—(1) A person must not carry on a private dental practice unless the person is fit to do so.

(2) A person is not fit to carry on a private dental practice unless the person—

(a) is an individual who satisfies the requirements set out in paragraph (3);

(b) is a partnership, and each of the partners satisfies the requirements in paragraph (3); or

(c) is an organisation and—

(i) the organisation has given notice to the appropriate office of the registration authority of the name, address and position in the organisation of the responsible individual; and

(ii) that individual satisfies the requirements in paragraph (3).

(3) The requirements are that—

(a) the individual is of suitable integrity and good character to carry on, or, as the case may be, be responsible for the supervision of the management of, the private dental practice;

(b) the individual is able by reason of their health, after reasonable adjustments (if any) are made, to carry on, or as the case may be, be responsible for the supervision of the management of, the private dental practice; and

(c) full and satisfactory information or documentation, as the case may be, is available in relation to the individual in respect of each of the matters specified in Part 1 of Schedule 3.

(4) In assessing an individual’s character for the purposes of paragraph (3)(a), the matters considered must include those listed in Part 2 of Schedule 3.

(5) A person is not fit to carry on a private dental practice if that person has—

(a) been adjudged bankrupt(1) or sequestration of the person’s estate has been awarded and (in either case) the person has not been discharged and the bankruptcy order(2) has not been annulled or rescinded or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986)(3) applies in relation to the person; or

(b) made a composition or arrangement with the person’s creditors and has not been discharged in respect of it.

(1)

See section 381(1) of the Insolvency Act 1986 for the meaning of “bankrupt”.

(2)

See section 381(2) of the Insolvency Act 1986 for the meaning of “bankruptcy order”.

(3)

1986 c. 45. Section 251A was inserted by section 108 of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).