The Private Dentistry (Wales) Regulations 2017

Regulation 39

SCHEDULE 4 Application of Part 2 of the Act to persons carrying on or managing a private dental practice

1.  Section 11 (requirement to register) applies as if—

(a) in subsection (1)—

(i) after “description”, on the first occasion where the word occurs, there were inserted “or private dental practice”;

(ii) after “description”, on the second occasion where the word occurs, there were inserted “or as a private dental practice”;

(b) in subsection (6)(a)—

(i) for “or agency” there were substituted “, agency or private dental practice”;

(ii) “or” at the end of the paragraph were omitted;

(c) for subsection (6)(b) there were substituted—

“(b) in the case of a conviction in relation to an establishment or agency, the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description; or

(c) in the case of a conviction in relation to a private dental practice, the conviction is a second or subsequent conviction of the offence.”

2.  Section 12 (applications for registration) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

3.  Section 13 (grant or refusal of registration) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

4.  Section 14 (cancellation of registration) applies as if for “or agency”, in subsection (1)(b) and (c), there were substituted “, agency or private dental practice”(1).

5.  Section 17 (notice of proposals) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

6.  Section 19 (notice of decisions) applies as if for “or agency” there were substituted “, agency or private dental practice”.

7.  Section 20A (urgent procedure for cancellation; Wales) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

8.  Section 20B (urgent procedure for suspension or variation etc.) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

9.  Section 21 (appeals to the Tribunal) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

10.  Section 24 (failure to comply with conditions) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

11.  Section 24A (offences relating to suspension) applies as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

12.  Section 26 (false descriptions of establishments and agencies) applies as if—

(a) in subsection (1), after “description” in each place where the word occurs, there were inserted “or a private dental practice”;

(b) in subsection (3), for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”.

13.  Section 28 (failure to display certificate of registration) applies as if—

(a) for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”;

(b) after “at the agency” there were inserted “or at the premises used to carry on the private dental practice”.

14.  Section 30A(2) (notification of matters relating to persons carrying on or managing certain establishments or agencies) apply as if for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”(2).

15.  Section 31 (inspections by persons authorised by registration authority) applies as if—

(a) in subsections (1), (3)(c) and (4)(a), for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”;

(b) in subsection (2), after “agency” there were inserted “or a private dental practice”;

(c) in subsection (5), after “establishment” there were inserted “or for the purposes of carrying on a private dental practice”.

16.  Section 32 (inspections: supplementary) applies as if—

(a) for “or agency”, wherever the words occur, there were substituted “, agency or private dental practice”;

(b) in subsection (5), after “of an agency” there were inserted “or a private dental practice”.

17.  Section 37 (service of documents) applies as if for “or agency”—

(a) in subsection (1) and for the first occurrence of the words in subsection (2), there were substituted “, agency or private dental practice”;

(b) in subsection (2), for the second occurrence of the words, there were substituted “agency or premises used for the purposes of carrying on the private dental practice”.

(1)

The opening words of section 14(1) are modified by the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (2017/200 (W.55)) whereby “or agency” is substituted with “,agency or private dental practice”.

(2)

Section 30A(1) is modified by the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017.