The National Health Service (Performers Lists) (Wales) Regulations 2004

Changes over time for: Section 28

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[F1InterpretationE+W

28.—(1) For the purposes of this Part, the prescribed description of performer is dentist and the relevant body is the General Dental Council.

(2) In this Part—

“the 2005 Order” means articles 18 to 24 of the Dentists Act 1984 (Amendment) Order 2005;

“approved trainer” means a dentist—

(a)

whose name is included in a dental performers list; and

(b)

who has been approved for a specified period, which has not elapsed, by [F2HEIW] as having the requisite skills and suitable practice facilities to enable [F3the dentist] to act as a trainer;

“community dental service” means dental services provided under—

(a)

sections 3(1)(c) and 5(1A);

(b)

in Scotland, under sections 1 and 39(2) of the NHS (Scotland) Act 1978; and

(c)

in Northern Ireland, under article 5(1)(c) and 9(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972;

“contractor” means a dentist, who both provides and performs primary dental services in accordance with section 28C arrangements or under a general dental services contract under section 28K;

“dentist” means a dental practitioner who is registered in the dentists register;

“Dentists Act” means the Dentists Act 1984;

“dentists register” means the register referred to in section 14(1) of the Dentists Act;

“health case” means a case falling within either section 28(1) (powers of the Health Committee) or, after the coming into force of the 2005 Order, section 27(2)(c) of the Dentists Act (allegations) ;

“Health Committee” means the Health Committee of the General Dental Council, referred to in section 2 of the Dentists Act (committees of the Council);

[F4“HEIW” means Health Education and Improvement Wales, the Special Health Authority established by article 2 of the Health Education and Improvement Wales (Establishment and Constitution) Order 2017, which must exercise its functions in relation to the planning, commissioning, delivery and quality assurance of education and training for persons engaged in the provision of health services in Wales and which, for the purposes of this Part, is responsible for the arrangement and provision of a suitable learning environment for dentists performing primary dental services to enable dentists to meet the requirements and standards of the General Dental Council and Welsh Government;]

[F4“NWSSP committee” means NHS Wales Shared Services Partnership, established by the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012, which is responsible for exercising functions of Velindre University NHS Trust in relation to shared services, policy and strategy, and the management and provision of shared services to the health service in Wales;]

“personal dental services” means personal dental services provided pursuant to Part I of the Primary Care Act (pilot schemes for primary care);

F5...

“Practice Committee”, after the coming into force of the 2005 Order, means the Professional Conduct Committee, the Health Committee or the Professional Performance Committee of the General Dental Council referred to in section 2 of the Dentists Act;

“Preliminary Proceedings Committee” means the Preliminary Proceedings Committee of the General Dental Council, referred to in section 2 of the Dentists Act;

“Professional Conduct Committee” means the Professional Conduct Committee of the General Dental Council, referred to in section 2 of the Dentists Act;

“professional registration number” means the number against the dentist’s name in the dentists register;

“relevant scheme” means the scheme in respect of which the dentist is applying to be included in a dental performers list;

“scheme” means an arrangement to provide primary dental services—

(a)

in accordance with section 28C; or

(b)

under a general dental services contract; F6...

[F7“Velindre University NHS Trust” means the NHS trust established by article 2 of the Velindre National Health Service Trust (Establishment) Order 1993;]

“[F8foundation training]” means a relevant period of employment during which a dentist is employed under a contract of service by [F9Velindre University NHS Trust under the direction of the NWSSP committee, and during that period the dentist must attend the practice of] an approved trainer [F10who has agreed with HEIW to supervise the provision by the dentist of] F11... an appropriate range of dental care and treatment and [F12for the dentist] to attend such study days as that contract provides, with the aims and objectives of enhancing clinical and administrative competence and promoting high standards through relevant postgraduate training and in particular to—

(a)

enable the dentist to practise and improve his or her skills;

(b)

introduce the dentist to dental practice in primary care;

(c)

identify the dentist’s personal strengths and weaknesses and balance them through a planned programme of training;

(d)

promote oral health of, and quality dental care for, patients;

(e)

develop further and implement peer and self review, and promote awareness of the need for professional education, training and audit as a continuing process; and

(f)

enable the dentist to—

(i)

make competent and confident professional decisions including decisions for referrals to other services,

(ii)

demonstrate that he or she is working within the guidelines regarding the ethics and confidentiality of dental practice,

(iii)

implement regulations and guidelines for the delivery of safe practice,

(iv)

know how to obtain appropriate advice on, and practical experience of, legal and financial aspects of practice, F13...

(v)

demonstrate that he or she has acquired skill and knowledge in the psychology of care of patients and can work successfully as a member of a practice team [F14, and]

(vi)

[F15demonstrate that he or she has completed foundation training to a satisfactory level.]

(3) In the definition of “[F8foundation training]” in paragraph (2), “relevant period of employment” means—

[F16(a)a period of full-time employment [F17with Velindre University NHS Trust under the direction of NWSSP], normally of one year and not more than two years, to demonstrate satisfactory completion of foundation training;]

(b)an equivalent period of part-time employment; or

(c)in the case of a dentist, who is neither exempt under regulation 31(5) from the requirement to undertake [F8foundation training], nor has completed [F8foundation training] as in sub-paragraph (a) or (b), but—

(i)has performed community dental service,

(ii)has performed personal dental services prior to 1 April 2006,

(iii)has otherwise gained experience of dentistry in primary care as a dentist,

(iv)has been employed in a hospital as a dentist, or

(v)holds or is enrolled on a course to achieve a postgraduate qualification in dentistry registerable with the General Dental Council as an additional diploma by virtue of regulations made under section 19(1)(c) of the Dentists Act (regulations with respect to the register),

such period of employment, which may be less than, but will not exceed that in sub-paragraph (a) or an equivalent period of part-time employment, as [F18HEIW] may determine that [F19the dentist] must complete in order to have satisfactorily completed [F8foundation training].]