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The National Health Service (Performers Lists) (England) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 335
- PART 3
- Regulation 34
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Additional grounds for refusalE+W
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34.—(1) In addition to the grounds in regulation 7(2), [F1NHS England] may refuse to admit a dental practitioner to the dental performers list if—
(a)the dental practitioner's registration in the dentists register is subject to conditions by virtue of a direction of a Practice Committee under section 27B (Practice Committees), 27C (resumed hearings) or 28 (restoration to register) of the Dentists Act 1984 M1;
(b)the dental practitioner is subject to an order for immediate conditional registration made by a Practice Committee under section 30 of the Dentists Act 1984 (orders for immediate suspension and immediate conditional registration) M2; or
(c)the dental practitioner is subject to an order for interim conditional registration made by a Practice Committee, Interim Orders Committee or the court under section 32 of the Dentists Act 1984 (interim orders) M3.
(2) In addition to the grounds in regulation 7(4), [F1NHS England] must also refuse to admit a dental practitioner to the dental performers list if the dental practitioner is not undertaking foundation training and has neither [F2satisfactorily] completed foundation training nor is exempt under paragraph (4) from the requirement to undertake foundation training.
(3) For the purposes of regulation 7(2)(e), the day prescribed in this Part is 3rd March 2003 or, if the dental practitioner concerned had been included in a dental list, 14th December 2001.
[F3(4) A dental practitioner is exempt from the requirement to undertake foundation training—
(a)if the dental practitioner is judged, through an assessment by [F1NHS England], to have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training; or
(b)for a period during which the dental practitioner participates in an induction programme in accordance with paragraphs (5) to (7).]
[F4(5) For the purposes of paragraph (4)(b), where the dental practitioner is judged, through an assessment by [F1NHS England], to have the knowledge and experience necessary to perform primary dental services to a standard that does not prejudice the efficiency of those services, [F1NHS England] may specify the requirements for an induction programme which the dental practitioner must participate in.
(6) The specified requirements of an induction programme must have the aim that, after completing the programme, the dental practitioner is able to satisfy [F1NHS England] that they have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.
(7) Where [F1NHS England] specifies the requirements for an induction programme, it must specify a period of no more than two years during which the dental practitioner must participate in the induction programme.
(8) Regulations 32 (contents of the dental performers list), 33 (application for inclusion in the dental performers list) and 35(1)(b) (grounds for removal from the dental performers list) apply to a dental practitioner participating in an induction programme as if they were a dental practitioner undertaking foundation training.]
Textual Amendments
F1Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2Word in reg. 34(2) inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 6(a)
F3Reg. 34(4) substituted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 6(b)
F4Reg. 34(5)-(8) inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 6(c)
Marginal Citations
M1Sections 27B, 27C and 28 were substituted by S.I. 2005/2011.
M2Section 30 was substituted by S.I. 2005/2011.
M3Section 32 was substituted by S.I. 2005/2011.
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