The National Health Service (General Medical Services Supplementary List) (Wales) (Amendment), the National Health Service (General Medical Services) (Amendment) (Wales) (No. 3), the National Health Service (General Dental Services) (Amendment) (Wales) (No. 3) and the National Health Service (General Ophthalmic Services) (Amendment) (Wales) (No. 2) Regulations 2002

b

is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in the United Kingdom, or is subject to a penalty which would be the equivalent of being bound over or cautioned;

c

is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in the United Kingdom would constitute a criminal offence;

b

the length of time since the last incident of fraud (if any) occurred, and since any investigation into that incident of fraud was concluded;

a

the Health Authority and the doctor may each apply to the FHSAA for the conditions imposed on the doctor to be varied, for different conditions to be imposed, or for the contingent removal to be revoked;

b

the length of time since any such offence or incident was committed or occured, and since any criminal conviction or investigation;

g

whether the doctor has been refused admittance to, conditionally included in, removed, contingently removed or is currently suspended from the Health Authority or equivalent lists, and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;

c

whether there are other fraud cases or other criminal offences to be considered;

5

The Health Authority shall send the doctor concerned a copy of any information about the doctor provided to the persons or bodies specified in paragraph (2) or (3) and any correspondence with those persons or bodies relating to that information.

h

whether the doctor is, has in the preceding six months been, or was at the time of the originating events a director of a body corporate which was refused admittance to, conditionally included, removed or contingently removed from other Health Authority lists or equivalent lists, and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;

i

whether the doctor is, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.

1

A Health Authority shall make payments to any doctor who is suspended in accordance with the determination of the National Assembly for Wales in relation to such payments.

4

Subject to paragraphs (5) and (6), the determination of the National Assembly for Wales shall be such as to secure that, as far as reasonably practicable, the suspended doctor receives all the payments which would have been due to the doctor pursuant to regulation 34 had the doctor provided such medical services to the doctor’s patients during the period of the doctor’s suspension as are actually provided by the doctor who becomes responsible for them during that period by virtue of regulation 25(2)(a).

b

suspended by the Tribunal,

3ZA

The Health Authority must, before determining an application, check so far as practicable—

a

the information provided by the dentist in accordance with paragraphs 5B, 11A and 14 of Schedule 2, and

b

with the National Health Service Counter Fraud Service whether the dentist has any record of a fraud case.

5

Where a Health Authority proposes to include a dentist on a list subject to conditions imposed under regulation 5ZD, the name of the dentist may be included on the list during the period for bringing an appeal to the FHSAA pursuant to that regulation, or if an appeal is brought, until such time as that appeal is decided, provided the dentist agrees to be bound by the condition imposed until the time for appeal has expired or the dentist’s appeal is decided.

c

that having contacted referees, they are not satisfied with the references given in accordance with paragraph 11A of Schedule 2;

2

A Health Authority may only defer consideration under paragraph (1) above until the outcome of the relevant events mentioned in sub-paragraphs (a) (b) (d) (e) or (f) is known or whilst the dentist is suspended under sub-paragraph (c).

a

the nature of any fraud case;

b

the length of time since any incident of fraud occurred, and since any investigation into that incident of fraud was concluded;

c

whether there are other fraud cases or other criminal offences to be considered;

8D

1

Where a Health Authority—

a

refuse to include a dentist under Regulation 5ZA;

b

remove a dentist under section 49F of the Act;

c

continently remove a dentist under section 49G of the Act; or

d

suspend a dentist under section 49I or 49J of the Act,

they shall notify the persons or bodies listed in paragraph (2), and shall additionally notify those specified in paragraph (3) if so requested by those persons or bodies in writing (including electronically), of the matters set out in paragraph (4).

31H

1

a dentist shall by 31st October 2002 supply in writing information to the Health Authority as to whether the dentist—

a

has any criminal convictions in the United Kingdom;

ii

the ophthalmic medical practitioner or optician has been bound over in the United Kingdom;

viii

the ophthalmic medical practitioner or optician has been subject to an investigation into the professional conduct of the ophthalmic medical practitioner or optician in respect of any current or previous employment where the outcome was adverse;

and if so, give the name and registered office of the body corporate and details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place, and any outcome.