The National Health Service (Performers Lists) Amendment Regulations 2005

Dentists performing personal dental services or community dental service

15.—(1) Any dentist, whose name was not included in a dental list or a dental supplementary list immediately before the relevant date and was performing personal dental services or community dental service before the relevant date, may perform primary dental services, notwithstanding regulation 29(1) of the principal Regulations (dental performers list), until—

(a) 1st July 2006; or

(b) the date on which the Primary Care Trust notifies him of its decision on his application to be included in its dental performers list,

whichever is the earlier, provided that that dentist applies, in accordance with the principal Regulations, to a Primary Care Trust to be included in its dental performers list not later than 1st May 2006.

(2) A dentist making an application to a Primary Care Trust under sub-paragraph (1), who was employed by a Primary Care Trust to perform personal dental services or community dental service immediately before the relevant date, shall only be required to provide the information required under regulations 4(2), (4) and (5) (application for inclusion in a performers list) and 30(1) (application for inclusion in a dental performers list) of the principal Regulations in so far as—

(a) he has not already supplied it to that Trust; or

(b) it has changed since it was provided.

(3) Any dentist to whom sub-paragraph (1) applies shall comply with regulation 9 of the principal Regulations (requirements with which a performer in a performers list must comply), if any of the events specified in that regulation occur, as if he were included in the dental performers list of the Primary Care Trust in whose area he is performing primary dental services.

(4) A dentist may not perform primary dental services by virtue of sub-paragraph (1) during any period in which he is the subject of a suspension notice given by a Primary Care Trust under sub-paragraph (5).

(5) A Primary Care Trust may give a suspension notice to a dentist to whom sub-paragraph (1) applies where it is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest.

(6) A Primary Care Trust may withdraw a suspension notice it has given under sub-paragraph (5) at any time.

(7) During a period of suspension payments may be made to or in respect of the dentist by the Primary Care Trust in accordance with a determination by the Secretary of State.

(8) Where a Primary Care Trust—

(a) has received an application from a dentist to whom sub-paragraph (1) applies; and

(b) becomes aware in respect of that dentist of any of the matters listed in regulations 10(1) (removal from performers list) or 32(1) (ground for removal from a dental performers list) of the principal Regulations,

it shall immediately decide the dentist’s application to be included in its dental performers list.