The National Health Service (General Dental Services) Amendment (No.6) Regulations 2001

Amendment of regulation 5

4.  Regulation 5 (application for inclusion in the dental list) shall be amended as follows—

(a) in paragraph (1) after “subject to paragraph (3)” insert “and regulations 5ZA to 5ZD”;

(b) for paragraph (2) substitute—

“(2) Subject to paragraphs (3ZA), (3A) and (4) and to regulation 5ZB, a Health Authority shall determine an application made by a dentist under paragraph (1) within 21 days of their receiving all the information referred to in Part I of Schedule 2, including references from any referees, and where the Health Authority considers that the proposed practice premises should be inspected, they shall carry out that inspection within that 21 day period.”;

(c) after paragraph (3A), insert—

“(3ZA) The Health Authority must, before determining an application, check so far as practicable—

(a) the references and information provided by the dentist in accordance with paragraphs 5B, 11A and 14 of Schedule 2, and

(b) with the National Health Service Counter Fraud Service whether the dentist has any record of a fraud case.”;

(d) in paragraph (4), for “the date of receipt of the application” substitute “the date of the Health Authority receiving all the information mentioned in paragraph (2)”;

(e) after paragraph (4) add—

“(5) Where a Health Authority proposes to include a dentist on a list subject to conditions imposed under regulation 5ZD, the name of the dentist may be included on the list during the period for bringing an appeal to the FHSAA pursuant to that regulation, or if an appeal is brought, until such time as that appeal is decided, provided the dentist agrees to be bound by the condition imposed until the time for appeal has expired or his appeal is decided.”.