The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010

Amendments to the National Health Service (General Dental Services) (Scotland) Regulations 2010

3.—(1) The 2010 Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) insert the following definitions in the appropriate place:—

“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007(1);

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

“considered for listing” means considered for listing by the Scottish Ministers in the children’s list or adult’s list or in both lists in pursuance of section 10, 11, 12 or 13 (consideration whether to list) of the 2007 Act;

“disclosure record” has the meaning given in section 97(1) of the 2007 Act;

“disclosure request” has the meaning given in section 97(1) of the 2007 Act;

“scheme member” means a member of the Scheme, established by section 44 of the 2007 Act, in relation to both—

(a)

regulated work with children, as defined in section 91(2) (regulated work) of the 2007 Act; and

(b)

regulated work with adults, as defined in section 91(3) of the 2007 Act;

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

(a) in paragraphs (1) and (13) after “certificate or application,” in each place it occurs insert “disclosure request and disclosure record,”;

(b) in paragraph (3)—

(i) omit “and” at the end of sub-paragraph (d);

(ii) at the end of sub-paragraph (e), insert—

“; and

(f) obtain any disclosure record required in respect of the application.”;

(c) in paragraph (9) after “certificate” insert “or disclosure record”.

(4) In regulation 6 (general provisions relating to the dental list)—

(a) in paragraph (5)(b) after “certificate or application,” in each place it occurs insert “disclosure request and disclosure record,”; and

(b) for paragraph (5)(c) substitute—

“(c) if the dentist or body corporate is included in the dental list of more than one Health Board, the dentist or body corporate shall send the notification and information referred to in sub-paragraph (a) to each Health Board on whose dental lists that dentist or body corporate is included, and—

(i) to the Health Board in whose area the dentist or body corporate derives most income from general dental services: the original declarations, certificate or application, disclosure record and disclosure request, undertakings and consents required in terms of sub-paragraph (b); and

(ii) a copy of such originals to each other Health Board on whose dental lists that dentist or body corporate is included.”.

(5) At the end of regulation 7(1)(p) (grounds for refusal of application), insert—

“;

(q) if the applicant is a dentist, the applicant is not a scheme member;

(r) if the applicant is a dentist, the applicant is barred from regulated work.”.

(6) In regulation 8 (deferment of a decision on application)—

(a) in paragraph (1)—

(i) omit “or” after sub-paragraph (i); and

(ii) at the end of paragraph (j), insert—

“; or

(k) the applicant is being considered for listing and the Health Board is satisfied that it is necessary for protection of members of the public that the application is   deferred.”;

(b) in paragraph (2) for “(j)” substitute “(k)”.

(7) In regulation 11 (suspension)—

(a) at the end of paragraph (1)(e), insert—

“;

(f) while that person is being considered for listing.”; and

(b) in paragraph (5) for “(1)(d)” substitute “(1)(b), (d) or (f)”.

(8) After regulation 12(3)(g) (removal from dental list), insert—

“(h) in the case of a dentist, is barred from regulated work;

(i) in the case of a dentist, is no longer a scheme member,”.

(9) In Part IA of Schedule 2 (information, declarations, certificate, applications, undertakings and consents, to be included in an application for inclusion in sub-part A of the first part of the dental list)—

(a) in the title after “APPLICATIONS,” insert “DISCLOSURE REQUESTS, DISCLOSURE RECORDS,”;

(b) for paragraph 3 substitute—

“3.   An applicant must include either—

(a) where the applicant is a dentist—

(i) a disclosure request for any disclosure record required under regulation 5(3)(f); and

(ii) where required by the Health Board under that regulation, any existing disclosure record the applicant holds; or

(b) where the applicant is a body corporate, an enhanced criminal record certificate in relation to each director, dated not earlier than 28 days before the date of the application, or an application for such a certificate completed and signed by each director who is not already on the Health Board’s dental list.”;

(c) at the end of paragraph 4(g), insert—

“;

(h) where the applicant is a dentist, that the applicant will remain a scheme member.”.

(10) In Part IB of Schedule 2 (information, declarations, certificate, applications, undertakings and, consents to be included in an application for inclusion in sub-part B only of the first part of the dental list)—

(a) in the title after “APPLICATIONS,” insert “DISCLOSURE REQUESTS, DISCLOSURE RECORDS,”;

(b) for paragraph 3 substitute—

“3.   An applicant must include either—

(a) where the applicant is a dentist—

(i) a disclosure request for any disclosure record required under regulation 5(3)(f); and

(ii) where required by the Health Board under that regulation, any existing disclosure record the applicant holds; or

(b) where the applicant is a body corporate, an enhanced criminal record certificate in relation to each director, dated not earlier than 28 days before the date of the application, or an application for such a certificate completed and signed by each director who is not already on the Health Board’s dental list.”;

(c) at the end of paragraph 4(f) insert—

“;

(g) where the applicant is a dentist, that the applicant will remain a scheme member.”.

(11) in Part II of Schedule 2 (information, declarations certificate, undertakings and consents, to be included in an application for inclusion in the second part of the dental list)—

(a) in the title after “CERTIFICATE,” insert “DISCLOSURE REQUESTS, DISCLOSURE RECORD,”;

(b) for paragraph 3 substitute—

“3.   An applicant must include—

(a) a disclosure request for any disclosure record required under regulation 5(3)(f); and

(b) where required by that regulation, any existing disclosure record the applicant holds.”;

(c) omit “and” at the end of paragraph 4(d);

(d) at the end of paragraph 4(e) insert—

“; and

(f) that the applicant will remain a scheme member.”.

(1)

2007 asp 14.