2.—(1) In paragraph (1) of regulation 2 (interpretation)—
(a)insert the following definitions in the appropriate alphabetical positions—
““the Abolition of the Tribunal Regulations 2001” means the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001(1);”,
““employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;”,
““equivalent body” means a Health Authority in Wales, a Health Board or an NHS trust in Scotland or a Health and Social Services Board in Northern Ireland;”,
““equivalent lists” means lists kept by an equivalent body;”,
““FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the Act(2);”,
““fraud case” means a case where a person satisfies the second condition for removal from the dental list set out in section 49F(3) of the Act or by virtue of section 49H of the Act is treated as doing so;”,
““licensing or regulatory body” means the body that licenses or regulates any profession of which the dentist is or has been a member;”,
““lists” means lists referred to in section 49N(1)(a) to (c);”,
““a national disqualification” means—
a decision made by the FHSAA in relation to a dentist under section 49N of the Act,
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act,
a decision by the Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations 2001, or
a decision by the Tribunal, which applies to the whole of Wales and which is made after 13th December 2001;”,
““the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service(3);”,
““originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;”,
““professional registration number” means the number against a dentist’s name in the register maintained by the General Dental Council;”,
““suspended” means—
suspended by a Health Authority under section 49I or 49J of the Act or under regulations made under sections 28DA or 43D of the Act, or section 8ZA of the 1997 Act,
in relation to Wales, suspended by the Tribunal,
in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in section 49I or 49J of the Act,
and shall be treated as including a case where a person is treated as suspended by a Health Authority in England by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations 2001,
and “suspend” and “suspension” shall be construed accordingly;”,
(b)for the definition of “the Tribunal” substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act(4) for England and Wales, and which had effect in relation to England only until 14th December 2001;”;
(c)in the definition of “estimate”, for “an FHSA” substitute “a Health Authority”; and
(d)omit the definition “suspended by direction of the Tribunal”.
(2) In paragraph (2)(d) of regulation 2—
(a)for “FHSA” whenever it appears, substitute “Health Authority”, and
(b)for “an” where it appears immediately before “FHSA” substitute “a”.
S.I.[2001/3744]
Section 49S was inserted by the Health and Social Services Act 2001, section 27(1).
The National Health Service Counter Fraud Service may be contacted by writing to them at Hannibal House, Elephant and Castle, London SE1 6JE or emailing them on DCFS@doh.gov.uk.
Section 46 was substituted by the Health Act 1999 c. 8.