The Private Dentistry (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Care Standards Act 2000 (“the Act”). They modify the Act so as to apply Part II of the Act to dentists who provide dental services otherwise than in pursuance of the National Health Service (Wales) Act 2006 (“private dentistry”). They make provision in relation to those persons and services.

Part I of the Act and Part II as applied by these Regulations provide for the Welsh Ministers, in relation to Wales, to register persons providing private dentistry. Part II provides that a person who provides private dentistry without being registered to do so commits an offence. The Act also provides for the Welsh Ministers to make regulations in relation to such persons and services. Under section 13 of the Act the Welsh Ministers must be satisfied that the regulations are being and will continue to be complied with before an application for registration is granted.

Regulations 3 and 4 and Schedule 1 apply, with modification, Part II of the Act to persons who provide private dentistry.

Regulation 5 specifies the form for making an application for registration and the information that must be supplied with that application. Distinction is made between those applicants who intend to provide only private dental services and those who also provide dental services for the purposes of the NHS. Regulation 6 requires the disclosure of spent convictions if requested by the registration authority and regulation 7 requires the applicant to give notice of certain changes if they occur between application and registration.

Regulation 8 specifies the contents of the certificate of registration. Regulation 9 requires return of the certificate following cancellation. Regulation 10 specifies the procedure for application for variation or removal of a condition of registration.

Regulations 11 and 12 make provision about the cancellation of registration.

Regulation 13 and Schedule 2 set out requirements in relation to the fitness of a registered person.

Regulation 14 makes provision about the quality of private dental services. Regulations 15 and 16 make provision about complaints procedure and handling of complaints.

Regulation 17 prescribes the annual fee payable by registered persons. Regulation 18 requires notification to be given of certain events. Regulation 19 specifies that failure to comply with certain regulations is an offence. Regulation 20 provides that the registration authority may specify an appropriate office for the purpose of these Regulations. Regulations 21 and 22 make consequential amendments and regulation 23 makes transitional provisions.