Regulation 8 Removal from dental list

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 8 rev in pt (saving) (E) by National Health Service (General Dental Services) 2001 regs 1(4), 6(a), 14(1), (2)(c)
reg 8 am (E) by National Health Service (General Dental Services) 2001 regs 1(4), 6(b)
reg.8(5)(v) added by National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) 1998 reg.3(3)(b)
reg. 8 words inserted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 reg. 8 Sch. 5
reg 8 rev in pt (saving) (W) by National Health Service (General Dental Services) 2002 regs 1(4), 6(a), 14(1), (2)(c)
reg 8 am (W) by National Health Service (General Dental Services) 2002 regs 1(4), 6(b)

(1)

Subject to sub-paragraph (2), where an FHSA determines that a dentist whose name is included in the dental list—

(a)

has died; or

(b)

subject to section 35(3) of the Act, is no longer a dentist; the FHSA shall remove his name from the dental list with effect from the date of its determination.

(2)

Where a dentist has died and—

(a)

for so long as his practice is carried on by his personal representatives in accordance with the provisions of the Dentists Act 1984^f1, and

(b)

the personal representatives have appointed for that purpose a dentist whose name is included in the dental list of the FHSA,

the FHSA shall not remove the dentist’s name from the dental list.

(3)

Subject to paragraph (5), where an FHSA determines, in accordance with paragraph (4), that a dentist whose name has been included for the preceding 6 months in the dental list has not during that period provided general dental services, the FHSA may remove the dentist’s name from the dental list.

(4)

Before making any determination under paragraph (3) the FHSA shall—

(a)

give the dentist 28 days' notice of its intention to do so;

(b)

afford the dentist an opportunity of making representations to the FHSA in writing or, if he so wishes, in person; and

(c)

except where the dentist is a salaried dentist, consult the Local Dental Committee.

(5)

In calculating the period of 6 months referred to in paragraph (3) there shall be disregarded any period during which—

(i)

the dentist was performing relevant service;

(ii)

the dentist was on maternity leave; or

(iii)

the dentist was unable to provide general dental services because of sickness.

(6)

In this regulation—

(a)

“relevant service” means—

(i)

whole-time service in the armed forces of the Crown in a national emergency as a volunteer or otherwise; or

(ii)

compulsory whole-time service in those forces, including service resulting from any reserve liability; or

(iii)

any equivalent service by a person liable for compulsory whole-time service in those forces; and

(b)

“maternity leave” means the period of one year beginning with the date of confinement.

(7)

Nothing in this regulation shall prejudice any right of a dentist to have his name included again in a dental list.

Annotations

Footnotes

f1: 1984 c. 24.