OpenLegislation

Paragraph 13 The National Health Service (General Dental Services) (Scotland) Regulations 2010

Original text. Later amendments are not shown.

(1)

The National Health Service (General Dental Services) (Scotland) Regulations 2010f1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

for the definition of “barred from regulated work”, substitute—

  • ““barred from regulated roles” means barred from regulated roles with children or adults within the meaning of section 92(1) or (2) (individuals barred from regulated roles) of the 2007 Act,”,

(b)

after the definition of “director”, insert—

  • ““Disclosure Act” means the Disclosure (Scotland) Act 2020f2,”,

(c)

after the definition of “in writing”, insert—

  • ““Level 2 disclosure” has the meaning given in section 8 of the Disclosure Act,

  • “Level 2 disclosure application” means an application under section 11 of the Disclosure Act,”,

(d)

after the definition of “professional registration number”, insert—

  • ““PVG Scheme Level 2 disclosure” means a Level 2 disclosure to which section 17 of the Disclosure Act applies,”,

(e)

in the definition of “scheme member”—

(i)

in sub-paragraph (a), for “regulated work with children, as defined in section 91(2) (regulated work) of the 2007 Act” substitute “a regulated role with children, as defined in section 91(2) (regulated roles) of the 2007 Act”,

(ii)

in sub-paragraph (b), for “regulated work” substitute “a regulated role”,

(f)

after the definition of “scheme member”, insert—

  • ““scheme record” means a document disclosed by the Scottish Ministers under section 52 of the 2007 Act which—

    1. (a)

      sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,

    2. (b)

      confirms that the scheme member is not barred from doing that work,

    3. (c)

      states if the Scottish Ministers are considering whether to list the scheme member, and

    4. (d)

      contains vetting information about the scheme member which the Scottish Ministers discovered as a result of enquiries or arrangements made under section 47 of the 2007 Act,”,

(g)

the definitions of the following expressions are omitted—

  • “disclosure record”,

  • “disclosure request”,

  • “enhanced criminal record certificate”.

(3)

In regulation 5 (application for inclusion in the dental list and notification of changes)—

(a)

in paragraph (1)—

(i)

in the opening words—

(aa)

after “certificate or application”, insert “Level 2 disclosure,”,

(bb)

for “disclosure request and disclosure record” substitute “Level 2 disclosure application and PVG Scheme Level 2 disclosure”,

(ii)

in each of sub-paragraphs (b) and (c)—

(aa)

after “certificate or application” insert “Level 2 disclosure,”,

(bb)

for “disclosure request and disclosure record” substitute “Level 2 disclosure application and PVG Scheme Level 2 disclosure”,

(iii)

in sub-paragraph (d), for “disclosure request and disclosure record” substitute “Level 2 disclosure application and PVG Scheme Level 2 disclosure”,

(b)

in paragraph (3)—

(i)

for sub-paragraph (c), substitute—

“(c)

obtain any Level 2 disclosure required in respect of the application if such disclosure was not included with the application,”,

(ii)

in sub-paragraph (f), for “disclosure record” substitute “PVG Scheme Level 2 disclosure”,

(c)

in paragraph (9), for “an enhanced criminal record certificate or disclosure record”, substitute “a Level 2 disclosure or PVG Scheme Level 2 disclosure”,

(d)

in paragraph (13), for “disclosure request and disclosure record” substitute “Level 2 disclosure application and PVG Scheme Level 2 disclosure”.

(4)

In regulation 6 (general provision relating to the dental list), in paragraph (5)—

(a)

in sub-paragraph (b)—

(i)

after the words “certificate or application” wherever they appear, insert “Level 2 disclosure,”,

(ii)

for the words “disclosure request and disclosure record” wherever they appear, substitute “Level 2 disclosure application and PVG Scheme Level 2 disclosure”,

(b)

in sub-paragraph (c)(i)—

(i)

after “certificate or application”, insert “Level 2 disclosure,”,

(ii)

for “disclosure record and disclosure request” substitute “PVG Scheme Level 2 disclosure and Level 2 disclosure application”.

(5)

In regulation 7(1)(r) (grounds for refusal of application), for “work” substitute “roles”.

(6)

In regulation 12(3)(h) (removal from dental list), for “work” substitute “roles”.

(7)

In schedule 2—

(a)

in Part IA (information, declarations, certificate, applications, disclosure requests, disclosure records, undertakings and consents, to be included in an application for inclusion in sub-part A of the first part of the dental list), in paragraph 3—

(i)

in sub-paragraph (a)—

(aa)

in head (i), for “disclosure request for any disclosure record” substitute “Level 2 disclosure application for a PVG Scheme Level 2 disclosure”,

(bb)

for head (ii), substitute—

“(ii)

where required by the Health Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds; or”,

(ii)

in sub-paragraph (b)—

(aa)

for “an enhanced criminal record certificate”, substitute “a Level 2 disclosure”,

(bb)

for “an application for such certificate”, substitute “a Level 2 disclosure application”.

(b)

the heading of Part IA becomes “information, declarations, certificate, applications, Level 2 disclosures, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents, to be included in an application for inclusion in sub-part A of the first part of the dental list”.

(c)

in Part IB (information, declarations, certificate, applications, disclosure requests, disclosure records, undertakings and, consents to be included in an application for inclusion in sub-part B only of the first part of the dental list), in paragraph 3—

(i)

in sub-paragraph (a)—

(aa)

in head (i), for “disclosure request for any disclosure record” substitute “Level 2 disclosure application for a PVG Scheme Level 2 disclosure”,

(bb)

for head (ii), substitute—

“(ii)

where required by the Health Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds; or”,

(ii)

in sub-paragraph (b)—

(aa)

for “an enhanced criminal record certificate”, substitute “a Level 2 disclosure”,

(bb)

for “an application for such a certificate”, substitute “a Level 2 disclosure application”.

(d)

the heading of Part IB becomes “information, declarations, certificate, applications, Level 2 disclosure, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents to be included in an application for inclusion in sub-part B only of the first part of the dental list”.

(e)

in Part II (information, declarations certificate, disclosure requests, disclosure record, undertakings and consents, to be included in an application for inclusion in the second part of the dental list), in paragraph 3—

(i)

in sub-paragraph (a), for “disclosure request for any disclosure record” substitute “Level 2 disclosure application for a PVG Scheme Level 2 disclosure”,

(ii)

for sub-paragraph (b), substitute—

“(b)

where required by that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds.”,

(f)

the heading of Part II becomes “information, declarations, certificate, Level 2 disclosure applications, PVG Scheme Level 2 disclosure, undertakings and consents, to be included in an application for inclusion in the second part of the dental list”.

Annotations

Footnotes

f1

S.S.I. 2010/208 as relevantly amended by S.S.I. 2010/378, S.S.I. 2013/235, S.S.I. 2017/289, S.S.I. 2019/174, S.S.I. 2022/170, S.S.I. 2023/247 and S.I. 2023/1071.

f2

2020 asp 13.