General Dental Services Regulations (Northern Ireland) 1993

Removal from dental list

8.—(1) Subject to sub-paragraph (2), where a Board determines that a dentist whose name is included in the dental list—

(a) has died; or

(b) subject to section 35(3) of the Dentists Act, is no longer a dentist;

the Board 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, and

(b) the personal representatives have appointed for that purpose a dentist whose name is included in the dental list,

the Board shall not remove the dentist's name from the dental list.

(3) Subject to paragraph (5), where a Board 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 Board may remove the dentist's name from the dental list.

(4) Before making any determination under paragraph (3) the Board 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 Board 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—

(a) the dentist was performing relevant service;

(b) the dentist was on maternity leave; or

(c) 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 the dental list.