The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006

Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4)

32.  –

(1) Where, before the relevant date, or on or after the relevant date in respect of a matter that occurred before the relevant date, a Local Health Board receives, or has received, information that could amount to an allegation that a dentist had failed to comply with his or her terms of service and—

(a) that Board, or its reference committee, has not taken a final decision pursuant to regulation 4(1) before the relevant date as to whether it will take no action or take one or both of the courses of action set out in regulation 4(2); and

(b) any time limit specified in regulation 6 has not expired,

paragraph (2) will apply.

(2) Where this paragraph applies, the Local Health Board will—

(a) if it is the appropriate LHB, continue to be the appropriate LHB for the purposes of the Service Committees Regulations, and consider and take such action as it sees fit pursuant to the Service Committees Regulations, subject to article 35, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; or

(b) if it is not the appropriate LHB, forward the information to that Board as soon as is reasonably practicable, and that Board will consider the information received and take such action as it sees fit pursuant to the Service Committees Regulations, subject to the time limits specified in the Service Committees Regulations, and article 35, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect.

(3) If the appropriate LHB, or its reference committee, decides, pursuant to paragraph (2)(a) or (2)(b), to refer the matter to the discipline committee of another Local Health Board (B) in accordance with regulation 4(2)(a) or (7)—

(a) that Local Health Board (B) will investigate the matter and report to the appropriate LHB as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; and

(b) the appropriate LHB will be entitled, subject to article 35, to take any action it could have taken pursuant to the Service Committees Regulations as if those amendments had not taken effect.