The National Health Service (Performers Lists) (Wales) Regulations 2004

[F1 Additional grounds for refusal E+W

31.— (1) In addition to the grounds in regulation 6(1), a Local Health Board may also refuse to admit a dentist to its dental performers list if—

(a) having checked the information he or she provided under regulation 30(1), it considers he or she is unsuitable to be included in its list;

(b) his or her registration in the dentists register is subject to conditions—

(i) imposed by the Health Committee under section 28 of the Dentists Act (powers of the Health Committee), or

(ii) after the coming into force of the 2005 Order, imposed by a Practice Committee under sections 27B(6)(c) (Practice Committees), 27C(1)(c), (2)(b) or (c) (resumed hearings) or 28(6)(b) of that Act (restoration to register);

(c) after the coming into force of the 2005 Order, he or she is subject to an order for immediate conditional registration imposed by a Practice Committee under section 30(2) of that Act (orders for immediate suspension and immediate conditional registration); or

(d) after the coming into force of the 2005 Order, he or she is subject to an order for interim conditional registration imposed by a Practice Committee or the Interim Orders Committee under section 32(4)(b) or (6)(c) or by the Court under section 32(9) of that Act (interim orders).

(2) In addition to the grounds in regulation 6(2), a Local Health Board will also refuse to admit a dentist to its dental performers list if—

(a) he or she is a contractor and the relevant scheme is not one that lies within its area;

(b) he or she is included in the dental performers list of another Local Health Board, unless he or she has given notice to that Board that he or she wishes to withdraw from that list; or

[F2 (c) he or she is not undertaking foundation training and had neither satisfactorily completed foundation training nor is exempt under paragraph (5) from the requirement to undertake foundation training.]

(3) For the purposes of regulation 6(2)(d), the day prescribed in this Part is 26 August 2002.

(4) In addition to checking the information provided by the dentist as required by regulation 6(3)(a), the Local Health Board will also check the information he or she provided under regulation 30(1).

(5) A dentist is exempt from the requirement to undertake [F3 foundation training] if—

(a) he or she is registered as a dentist by virtue of [F4 section 15(1)(c) of the Dentists Act (any person who holds a recognised overseas diploma) within the meaning given in section 15(2) and (2ZA) of that Act]; or

(b) he or she has experience in primary care as a dentist for a total period of at least two years full-time or an equivalent period part-time—

(i) in community dental service,

(ii) in the armed forces of the Crown, or

(iii) prior to 1 April 2006, in the performance of personal dental services,

and part or all of that period fell within the period of four years beginning with the date of his or her application under regulation 4.]

Textual Amendments

F1 Pt. 4 inserted (1.4.2006) by The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006 (S.I. 2006/945), regs. 1(1), 11 (with Sch.)

F2 Reg. 31(2)(c) substituted (1.3.2016) by The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2016 (S.I. 2016/101), regs. 1(2), 11(2)

F3 Words in Pt. 4 substituted (1.3.2016) by The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2016 (S.I. 2016/101), regs. 1(2), 8

F4 Words in reg. 31(5)(a) substituted (7.3.2022) by The National Health Service (Performers Lists) (Wales) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/106), regs. 1, 2