The Private Dentistry (Wales) Regulations 2017

Regulation 5

SCHEDULE 1 Information to be Included in the Statement of Purpose

1.  The aims and objectives of the private dental practice.

2.  The name, address, telephone, fax and electronic mail contact details (if any) of the registered provider and of any registered manager.

3.  The relevant qualifications and experience of the registered provider and any registered manager.

4.  In the case of an organisation, details of the responsible individual’s roles and responsibilities within the organisation.

5.  The names, relevant qualifications and experience of all the dentists and dental care professionals employed in or for the purposes of the private dental practice.

6.  The registered provider’s organisational structure.

7.  The kinds of treatment, facilities and all other services provided in or for the purposes of the private dental practice, including details of the range of needs which those services are intended to meet.

8.  The arrangements made for seeking patients’ views about the quality of services provided by the private dental practice.

9.  The practice opening hours and any arrangements for patients who require urgent care or treatment out of hours.

10.  The arrangements for dealing with complaints as set out in regulation 21.

11.  The arrangements for respecting the privacy and dignity of patients.

12.  The date the statement of purpose was written and, where revised in accordance with regulation 7(a), the date of such revision.

Regulation 6

SCHEDULE 2 Information to be Included in the Patient Information Leaflet

1.  A summary of the statement of purpose including—

(a) the name, address, telephone, fax and electronic mail contact details (if any) of the registered provider and of any registered manager;

(b) the names of all the dentists and dental care professionals employed in or for the purposes of the private dental practice;

(c) the kinds of treatment, facilities and all other services provided in or for the purposes of the private dental practice;

(d) the practice opening hours and any arrangements for patients who require urgent care or treatment out of hours;

(e) the arrangements for dealing with patients who are violent or abusive to staff; and

(f) the arrangements for dealing with complaints as set out in regulation 21.

2.  The relevant experience and qualifications of all the dentists and dental care professionals employed in or for the purposes of the private dental practice.

3.  The arrangements made for seeking patients’ views about the quality of services provided by the private dental practice.

4.  The arrangements for the appropriate development and training of employees.

5.  The address and telephone number for each of the premises used for the purpose of carrying on a dental care practice by the registered provider.

6.  The arrangements for access to premises used for the purpose of carrying on a private dental practice.

7.  The rights and responsibilities of a patient including keeping appointments.

8.  Details of persons who have access to patient information (including information from which the identity of the patient can be ascertained) and patients’ rights in relation to disclosure of such information.

Regulations 9(3)(c), 9(4), 11(3) and 18(3)

SCHEDULE 3

PART 1 Information Required in Respect of Persons Seeking to Carry on, Manage or Work at a Private Dental Practice

1.  Proof of identity including a recent photograph.

2.  Either—

(a) where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, as applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) or suitability information relating to children (within the meaning of section 113BA(2) of that Act) or both; or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.

3.  Two written references, including a reference from the person’s most recent employer, if any.

4.  Where a person has previously worked in a position which involved work with children or adults at risk, verification, so far as reasonably practicable, of the reason why the employment or position ended.

5.  Documentary evidence of any relevant qualifications.

6.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

7.  Where the person is a dentist or dental care professional—

(a) details of the person’s registration with the General Dental Council; and

(b) a certificate of insurance in respect of liability which may be incurred by the person in relation to the private dental practice in respect of death, injury, public liability, damage or other loss.

PART 2 Good Character

8.  Whether the person has been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom, would constitute an offence.

9.  Whether the person has been erased, removed or struck-off a register of professionals maintained by a regulator of health care or social work professionals.

Regulation 39

SCHEDULE 4 Application of Part 2 of the Act to persons carrying on or managing a private dental practice

1.  Section 11 (requirement to register) applies as if—

(a) in subsection (1)—

(i) after “description”, on the first occasion where the word occurs, there were inserted “or private dental practice”;

(ii) after “description”, on the second occasion where the word occurs, there were inserted “or as a private dental practice”;

(b) in subsection (6)(a)—

(i) for “or agency” there were substituted “, agency or private dental practice”;

(ii) “or” at the end of the paragraph were omitted;

(c) for subsection (6)(b) there were substituted—

“(b) in the case of a conviction in relation to an establishment or agency, the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description; or

(c) in the case of a conviction in relation to a private dental practice, the conviction is a second or subsequent conviction of the offence.”

2.  Section 12 (applications for registration) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

3.  Section 13 (grant or refusal of registration) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

4.  Section 14 (cancellation of registration) applies as if for “or agency”, in subsection (1)(b) and (c), there were substituted “, agency or private dental practice”(1).

5.  Section 17 (notice of proposals) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

6.  Section 19 (notice of decisions) applies as if for “or agency” there were substituted “, agency or private dental practice”.

7.  Section 20A (urgent procedure for cancellation; Wales) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

8.  Section 20B (urgent procedure for suspension or variation etc.) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

9.  Section 21 (appeals to the Tribunal) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

10.  Section 24 (failure to comply with conditions) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

11.  Section 24A (offences relating to suspension) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

12.  Section 26 (false descriptions of establishments and agencies) applies as if—

(a) in subsection (1), after “description” in each place where the word occurs, there were inserted “or a private dental practice”;

(b) in subsection (3), for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

13.  Section 28 (failure to display certificate of registration) applies as if—

(a) for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”;

(b) after “at the agency” there were inserted “or at the premises used to carry on the private dental practice”.

14.  Section 30A(2) (notification of matters relating to persons carrying on or managing certain establishments or agencies) apply as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”(2).

15.  Section 31 (inspections by persons authorised by registration authority) applies as if—

(a) in subsections (1), (3)(c) and (4)(a), for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”;

(b) in subsection (2), after “agency” there were inserted “or a private dental practice”;

(c) in subsection (5), after “establishment” there were inserted “or for the purposes of carrying on a private dental practice”.

16.  Section 32 (inspections: supplementary) applies as if—

(a) for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”;

(b) in subsection (5), after “of an agency” there were inserted “or a private dental practice”.

17.  Section 37 (service of documents) applies as if for “or agency”—

(a) in subsection (1) and for the first occurrence of the words in subsection (2), there were substituted “, agency or private dental practice”;

(b) in subsection (2), for the second occurrence of the words, there were substituted “agency or premises used for the purposes of carrying on the private dental practice”.

Regulation 33

SCHEDULE 5 Fees

Annual fees

1.—(1) For the purposes of section 16(3) of the Act, the registered provider of a private dental practice must pay an annual fee and the amount of the annual fee is the sum specified in sub-paragraph (2).

(2) The amount of the annual fee payable is—

(a) £500; or

(b) £300, if the private dental practice consists of no more than one dentist and that dentist provides—

(i) private dental services; and

(ii) dental services for the purposes of the National Health Service (Wales) Act 2006.

(3) Where a person registers in respect of a private dental practice—

(a) the first annual fee will be payable on a date one month after the date of first registration (“the due date”); and

(b) thereafter, the annual fee will be payable on 1 April in each year.

(4) The first annual fee referred to in sub-paragraph (3)(a) is to be calculated as one twelfth of £500 or £300, as the case may be, for each complete month from the due date to the first occurrence of 31 March immediately following the due date.

Registration fee

2.  For the purposes of section 12(2) of the Act, the fee to accompany an application by either a provider or a manager seeking to be registered under Part 2 of the Act in relation to a private dental practice is £0.

Fee in respect of applications to vary a condition of registration

3.  For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered person under section 15(1)(a) of the Act to vary a condition of registration in respect of a private dental practice is as follows—

(a) for a major variation the fee is specified as £500;

(b) for a minor variation the fee is specified as £250.

Fee in respect of applications to remove a condition of registration

4.  For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered person under section 15(1)(a) of the Act to remove a condition of registration in respect of a private dental practice is specified as £50.

Refund of annual fees

5.—(1) Where the registered provider applies to cancel its registration under section 15(1)(b) of the Act within six months of the preceding 1 April and the registration authority agrees to grant that application, a refund of up to 75% of the annual fee will be paid to the registered provider.

(2) The amount of the refund to which a registered provider is entitled is a quarter of the annual fee paid for each complete quarter which remains of the twelve month period for which it is due as at the date the registration authority receives the application to cancel and subject to a maximum refund of 75%.

(1)

The opening words of section 14(1) are modified by the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (2017/200 (W.55)) whereby “or agency” is substituted with “,agency or private dental practice”.

(2)

Section 30A(1) is modified by the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017.