Part 5Dental services

Performance of primary dental services

106Persons performing primary dental services

1

Regulations may provide that a health care professional of a prescribed description may not perform any primary dental service for which F3NHS England is responsible unless he is included in a list maintained under the regulations by F3NHS England.

2

For the purposes of this section—

a

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),

F1b

F3NHS England is responsible for a dental service if it secures its provision by or under any enactment.

3

Regulations under this section may make provision in relation to lists under this section and in particular as to—

a

the preparation, maintenance and publication of a list,

b

eligibility for inclusion in a list,

c

applications for inclusion (including provision F2... for the procedure for applications and the documents to be supplied on application),

d

the grounds on which an application for inclusion may or must be granted or refused,

e

requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),

f

suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal),

g

circumstances in which a person included in a list may not withdraw from it,

h

payments to be made in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating the payment, to be determined by the Secretary of State or a person appointed by him),

i

the criteria to be applied in making decisions under the regulations,

j

appeals against decisions made by F3NHS England under the regulations, and

k

disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,

and may make any provision corresponding to anything in sections 151 to 159.

4

Regulations under this section may, in particular, also provide for—

a

a person's inclusion in a list to be subject to conditions determined by F3NHS England,

b

F3NHS England to vary the conditions or impose different ones,

c

the consequences of failing to comply with a condition (including removal from a list),

d

the review by F3NHS England of decisions made by it by virtue of the regulations.

5

The imposition of such conditions must be with a view to—

a

preventing any prejudice to the efficiency of the services to which a list relates, or

b

preventing fraud.

6

Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—

a

by F3NHS England to the Secretary of State, and

b

by the Secretary of State to F3NHS England .