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Article 44
1. –
(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990(1) will be amended as provided in this paragraph.
(2) In regulation 1 (citation, commencement and interpretation) omit the definition of “general dental practitioner”.
(3) In regulation 11 (disqualification for appointment of chairman and non-executive directors), in paragraph (1)(f)—
(a)omit paragraph (i);
(b)in paragraph (ii), after “primary medical services”insert “or primary dental services”; and
(c)in paragraph (iii)—
(i)after “a company that”insert “or a director of a body corporate that”, and
(ii)after “primary medical services”insert “or primary dental services”.
2. –
(1) Subject to articles 31 to 37, the National Health Service (Service Committees and Tribunal) Regulations 1992(2) will be amended in accordance with this paragraph.
(2) In regulation 2 (interpretation)—
(a)omit the definitions of “the 1997 Act”, “assistant”, “the Board”, “Dental Advisory Committee”, “dental discipline committee”, “dental list”, “dental officer”, “Dental Regulations”, “dentists' panel”, “deputy”, “estimate”, “prior approval requirement”, “salaried dentist”, “Statement of Dental Remuneration”and “treatment”;
(b)for the definition of “Local Dental Committee”, “Local Optical Committee”and “Local Pharmaceutical Committee” substitute ““Local Optical Committee” and “Local Pharmaceutical Committee” mean the committees of those names recognised by the Local Health Board in relation to its locality under section 44 of the Act, and “Local Representative Committee” means either of those committees”;
(c)in the definition of—
(i)“Part II service”, omit the words “general dental services”,
(ii)“practitioner”, for the words “a dentist”, substitute “an”,
(iii)“relevant local representative committee”, omit paragraph (b), and
(iv)“terms of service”, omit paragraph (b); and
(d)in paragraph (4), omit sub-paragraph (a).
(3) In regulation 3 (establishment of committees), omit paragraph (1)(b).
(4) In regulation 4 (provisions relating to the start of disciplinary proceedings) in paragraph (5)(a), omit “dental,”.
(5) In regulation 5 (referral to investigating discipline committee), omit paragraph (3)(b).
(6) In regulation 6 (time limits), omit paragraph (3)(b), (4) and (5).
(7) In regulation 8 (determination of appropriate Health Authority or Local Health Board)—
(a)omit paragraph (5)(b) and (9); and
(b)in paragraphs (8) and (11), omit “, (b)”.
(8) In regulation 9 (appeal to the Secretary of State)—
(a)in paragraph (1)(b), (3)(c) and (4)(b), omit “, (b)”;
(b)in paragraph (3)(c) and (4)(b), for “regulations 11 or 12”substitute “regulation 11”; and
(c)in paragraph (5), for “(5)(a), (b)”, substitute “(5)(a)”.
(9) In regulation 10 (procedure on appeal)—
(a)in paragraph (5), for “(5)(a), (b)”, substitute “(5)(a)”;
(b)in paragraph (6), for “paragraphs (7) and (8)”, substitute “paragraph (7)”; and
(c)omit paragraphs (7)(b) and (8).
(10) In regulation 11 (recovery of amounts from practitioners following appeal)—
(a)omit paragraphs (2), (3), (4) and (8); and
(b)in paragraph (7), omit “, (b)”.
(11) Omit regulation 12 (prior approval in dental cases).
(12) In regulation 20 (power of Local Representative Committees to consider complaints), omit paragraph (2).
(13) In Schedule 2 (constitution of discipline committees)—
(a)in paragraph 2—
(i)omit sub-paragraph (1)(b)(iii) and (4)(b), and
(ii)in sub-paragraph (2), for “(iii) to (v)”substitute “(iv) or (v)”; and
(b)in paragraph 8, omit sub-paragraph (c)(ii).
(14) In Schedule 4 (procedure for investigation by discipline committees)—
(a)omit paragraph 2(1)(b) (disciplinary matters in relation to deputies); and
(b)in paragraph 9, omit sub-paragraph (b)(ii).
(15) In Schedule 5 (advisory committees), omit paragraph 2 and Part 3.
3. –
(1) The Health Authorities (Membership and Procedure) Regulations 1996(3) will be amended as provided in this paragraph.
(2) In regulation 1 (citation, commencement and interpretation)—
(a)in the definition of “discipline committee”for “a dental” substitute “an”;
(b)in the definition of “Part II services”omit “general dental services,”; and
(c)in the definition of “service committee”for “a dental” substitute “an”.
(3) In regulation 10 (disqualification for appointment), in paragraph (5)(b), after “primary medical services” insert “or primary dental services”.
(4) In regulation 14 (appointment of committees and sub-committees), in paragraph (3), after “primary medical services” insert “or primary dental services”.
(5) In regulation 16 (disability of chairman and members in proceedings on account of pecuniary interest), in paragraph (6)(b), after “primary medical services” insert “or primary dental services”.
4. In the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001(4), in regulation 2(1) (interpretation), in the definition of “terms of service”omit “general dental services”.
5. In rule 2 (interpretation) of the Family Health Services Appeal Authority (Procedure) Rules 2001(5), in the definition of “FHS Regulations”—
(a)after paragraph (a), insert—
“(ba)sections 28M and 126(4) of the 1977 Act (persons eligible to enter into GDS contracts),”;
(b)omit paragraphs (b), (h) and (i); and
(c)in paragraph (g), omit “general medical services, general dental services”.
6. In the National Health Service (Pharmaceutical Services) Regulations 1992(6) (interpretation)—
(a)in regulation 2(1), for the definition of “Local Dental Committee”substitute—
““Local Dental Committee” means a committee recognised under section 45B of the Act (Local Dental Committees);”.
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