5.—(1) Subject to paragraph (2), it is a condition in the case of an agreement to be entered into with [F2a dental corporation or a company limited by shares] on or after the date of the coming into force of article 39 of the Dentists Act Order, that no—
(a)offence has been or is being committed under section 43 of the Dentists Act; or
(b)financial penalty has been imposed under section 43B or 44 of the Dentists Act.
(2) Paragraph (1) shall not apply if [F3the Board] is satisfied that any offence under section 43 or penalty imposed under section 43B or 44 of the Dentists Act does not make [F4a dental corporation or a company limited by shares] unsuitable to be a contractor, whether by virtue of the time that has elapsed since any conviction or penalty was imposed, or otherwise.
Textual Amendments
F1Words in reg. 5 heading substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 26(c) (with Sch. 2)
F2Words in reg. 5(1) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 26(a) (with Sch. 2)
F3Words in reg. 5(2) substituted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 26(b) (with Sch. 2)
F4Words in reg. 5(2) substituted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 26(a) (with Sch. 2)