The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

The National Health Service (Service Committees and Tribunal) Regulations 1992

3.—(1) Subject to articles 31 to 37, the National Health Service (Service Committees and Tribunal) Regulations 1992(1) shall be amended in accordance with this paragraph.

(2) In regulation 2 (interpretation)—

(a) omit the definitions of “the 1997 Act”, “assistant”, “the Board”, “Dental Advisory Committee”, “dental discipline committee”, “dental list”, “dental officer”, “Dental Regulations”, “dentists' panel”, “deputy”, “estimate”, “prior approval requirement”, “salaried dentist”, “Statement of Dental Remuneration” and “treatment”;

(b) for the definition of “Local Dental Committee”, “Local Optical Committee” and “Local Pharmaceutical Committee” substitute ““Local Optical Committee” and “Local Pharmaceutical Committee” mean the committees of those names recognised by the Primary Care Trust in relation to its locality under section 44 of the Act, and “Local Representative Committee” means either of those committees”;

(c) in the definition of—

(i) “Part II service”, omit the words “general dental services”,

(ii) “practitioner”, for the words “a dentist” substitute “an”,

(iii) “relevant local representative committee”, omit paragraph (b), and

(iv) “terms of service”, omit paragraph (b); and

(d) in paragraph (4), omit sub-paragraph (a).

(3) In regulation 3 (establishment of committees), omit paragraph (1)(b).

(4) In regulation 4 (provisions relating to the start of disciplinary proceedings) in paragraph (5)(a), omit “dental,”.

(5) In regulation 5 (referral to investigating discipline committee), omit paragraph (3)(b).

(6) In regulation 6 (time limits), omit paragraph (3)(b), (4) and (5).

(7) In regulation 8 (determination of appropriate Health Authority or Primary Care Trust)—

(a) omit paragraph (5)(b) and (9); and

(b) in paragraphs (8) and (11), omit “, (b)”.

(8) In regulation 9 (appeal to the Secretary of State)—

(a) in paragraph (1)(b), (3)(c) and (4)(b), omit “, (b)”;

(b) in paragraph (3)(c) and (4)(b), for “regulations 11 or 12” substitute “regulation 11”; and

(c) in paragraph (5), for “(5)(a), (b)”, substitute “(5)(a)”.

(9) In regulation 10 (procedure on appeal)—

(a) in paragraph (5), for “(5)(a), (b)”, substitute “(5)(a)”;

(b) in paragraph (6), for “paragraphs (7) and (8)”, substitute “paragraph (7)”; and

(c) omit paragraphs (7)(b) and (8).

(10) In regulation 11 (recovery of amounts from practitioners following appeal)—

(a) omit paragraphs (2), (3), (4) and (8); and

(b) in paragraph (7), omit “, (b)”.

(11) Omit regulation 12 (prior approval in dental cases).

(12) In regulation 20 (power of Local Representative Committees to consider complaints), omit paragraph (2).

(13) In Schedule 2 (constitution of discipline committees)—

(a) in paragraph 2—

(i) omit sub-paragraph (1)(b)(iii) and (4)(b), and

(ii) in sub-paragraph (2), for “(iii) to (v)” substitute “(iv) or (v)”; and

(b) in paragraph 8, omit sub-paragraph (c)(ii).

(14) In Schedule 4 (procedure for investigation by discipline committees)—

(a) omit paragraph 2(1)(b) (disciplinary matters in relation to deputies); and

(b) in paragraph 9, omit sub-paragraph (b)(ii).

(15) In Schedule 5 (advisory committees), omit paragraph 2 and Part 3.

(1)

S.I. 1992/664.