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

Amendment of regulation 10

8.  In regulation 10 (withdrawal from dental list)—

(a)omit paragraph (2);

(b)immediately before paragraph (3) insert—

(2A) Where a Health Authority are investigating a dentist—

(a)for the purpose of deciding whether or not to exercise their powers under section 49F, 49G or 49I of the Act,

(b)in order to see whether the dentist has failed to comply with a condition imposed on his inclusion under regulation 5ZD so as to justify his removal from the list; or

(c)who has been suspended under section 49I(1)(a) of the Act,

the dentist may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the matter has been finally determined by the Health Authority.

(2B) Where a Health Authority have decided to remove a dentist from a list under section 49F or 49G of the Act, or contingently remove him under section 49G, or remove him for breach of any condition imposed on his inclusion under regulation 5ZD but have not yet given effect to their decision, the dentist may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent.

(2C) Where a Health Authority have suspended a dentist under section 49I(1)(b) of the Act, the dentist may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Health Authority.; and

(c)omit paragraph (3).