The National Health Service (Performers Lists) (England) Regulations 2013

PART 3 E+W Dental Performers List

Interpretation: general definitions E+W

29.—(1) In this Part—

“approved trainer” means a dental practitioner—

(a)

who is included in the dental performers list; and

(b)

who has been approved for a specified period, which has not elapsed, by a postgraduate dental dean or director of postgraduate dental education as having the requisite skills and suitable practice facilities to act as a trainer;

“community dental service” means dental services provided under section 3(1)(c) of the 2006 Act (duties as to certain health services) M1 ;

[F1 “contractor” means—

(a)

a person within the meaning of “contractor” in section 100(4)M2 of the 2006 Act; or

(b)

a person providing primary dental services under section 107 arrangements;]

“dental practitioner” means a person who is registered in the dentists register;

F2 ...

“health case” means a fitness to practise case in which an allegation is made that a dental practitioner's fitness to practise is impaired by reason of adverse physical or mental health;

“Interim Orders Committee” means the Interim Orders Committee of the General Dental Council;

“postgraduate dental dean or director of postgraduate dental education” means a dental practitioner appointed to that position to assist in the provision of a suitable learning environment for dental practitioners performing primary dental services to meet the requirements and standards of the Dental Faculties of the Royal College of Surgeons of England and the Department of Health [F3 and Social Care];

“Practice Committee” has the meaning given in section 2(3) of the Dentists Act 1984 (committees of the Council) M3 ;

“professional registration number” means, in relation to a dental practitioner, the number against the dental practitioner's name in the dentists register;

“relevant scheme” means, in relation to a dental practitioner, the scheme in respect of which the dental practitioner is applying to be included in a dental performers list;

“scheme” means an arrangement to provide primary dental services—

(a)

in accordance with section 107 arrangements; or

(b)

under a general dental services contract within the meaning of section 100(2) of the 2006 Act (general dental services contracts); and

“section 107 arrangements” has the meaning given in section 107(8) of the 2006 Act (arrangements for the provision of primary dental services) M4 .

Textual Amendments

F1 Words in reg. 29(1) substituted (25.11.2022) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022 (S.I. 2022/1131), regs. 1(1), 3

F2 Words in reg. 29(1) omitted (1.4.2015) by virtue of The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 10

F3 Words in reg. 29 inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(y) (with art. 14)

Marginal Citations

M1 Section 3 was amended by the Health and Social Care Act 2012 (c. 7), section 13.

M2 Section 100 was amended by the Health and Social Care Act 2012 (c. 7), section 55, Schedule 4, Part 5, paragraph 43.

M3 Sub-section (3) was substituted by S.I. 2005/2011.

M4 Section 107 was amended by the Health and Social Care Act 2012 (c. 7), section 55 and Schedule 4, Part 5, paragraph 48.

Interpretation: foundation training E+W

30.—(1) In this Part, “ foundation training” means a relevant period of employment during which a dental practitioner is employed under a contract of service by an [F4 NHS body or contractor] to provide a wide range of dental care and treatment [F5 under the supervision of an approved trainer] and to attend such study days as that contract provides, with the aims and objectives of enhancing clinical and administrative competence and promoting high standards through relevant postgraduate training and in particular to—

(a) enable the dental practitioner to practise and improve the dental practitioner's skills;

(b) introduce the dental practitioner to all aspects of dental practice in primary care;

(c) identify the dental practitioner's personal strengths and weaknesses and balance them through a planned programme of training;

(d) promote oral health of, and quality dental care for, patients;

(e) develop and implement peer and self review, and promote awareness of the need for professional education, training and audit as a continuing process; and

(f) enable the dental practitioner to—

(i) make competent and confident professional decisions including decisions for referrals to other services,

(ii) demonstrate that the dental practitioner is working within the guidelines regarding the ethics and confidentiality of dental practice,

(iii) implement regulations and guidelines for the delivery of safe practice,

(iv) know how to obtain appropriate advice on, and practical experience of, legal and financial aspects of practice, and

(v) demonstrate that the dental practitioner has acquired skill and knowledge in the psychology of care of patients and can work successfully as a member of a practice team.

(2) In the definition of “foundation training” in paragraph (1), “relevant period of employment” means—

[F6 (a) a period of full-time employment of at least one year but not exceeding two years;]

(b) an equivalent period of part-time employment; or

(c) in the case of a dental practitioner who is not exempt under regulation 34(4) from the requirement to undertake foundation training [F7 and has not satisfactorily completed foundation training] as mentioned in sub-paragraph (a) or (b), but—

(i) has performed community dental service,

(ii) has otherwise gained experience of dentistry in primary care as a dental practitioner, or

(iii) has been employed in a hospital as a dental practitioner,

such period of employment, which may be less than but is to not exceed that in sub-paragraph (a) or such an equivalent period of part-time employment, as a postgraduate dental dean or director of postgraduate dental education determines that dental practitioner must complete in order to have satisfactorily completed foundation training.

[F8 (3) Paragraph 4 applies where a dental practitioner was employed under a contract of service by an NHS body or contractor for a period prior to 25th November 2022 and where the dental practitioner’s work under the contract was supervised by an approved trainer.

(4) Where this paragraph applies, the dental practitioner is to be treated as having undertaken foundation training during the relevant period if the contract of service made provision for those features of a contract of service set out and particularised in regulation 30(1) immediately prior to 25th November 2022.]

Textual Amendments

F4 Words in reg. 30(1) substituted (25.11.2022) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022 (S.I. 2022/1131), regs. 1(1), 4(a)

F5 Words in reg. 30(1) inserted (25.11.2022) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022 (S.I. 2022/1131), regs. 1(1), 4(b)

F6 Reg. 30(2)(a) substituted (1.9.2016) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2016 (S.I. 2016/686), regs. 1(1), 2

F7 Words in reg. 30(2)(c) substituted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 4

F8 Reg. 30(3)(4) inserted (25.11.2022) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022 (S.I. 2022/1131), regs. 1(1), 5

Dental performers list E+W

31.—(1) A dental practitioner may not perform any primary dental services unless that dental practitioner is included in the dental performers list.

This is subject to paragraph (2).

(2) Where a dental practitioner is undertaking foundation training, paragraph (1) does not apply during the first three months of that training.

Contents of the dental performers list E+W

32.  In respect of any dental practitioner included in the dental performers list, the list must include—

(a) the dental practitioner's full name;

(b) the dental practitioner's professional registration number;

(c) the date of the dental practitioner's first registration in the dentists register;

(d) confirmation of whether the dental practitioner is undertaking foundation training;

(e) confirmation of whether the dental practitioner is a contractor under a general dental services contract;

(f) confirmation of whether the dental practitioner provides primary dental services in accordance with section 107 arrangements; and

(g) the date that the dental practitioner was first included in one of the following lists—

(i) the dental performers list,

(ii) a dental performers list kept by a Primary Care Trust prior to the transfer date, or

(iii) a dental list or dental supplementary list,

specifying which list.

Application for inclusion in the dental performers list E+W

33.—(1) In addition to satisfying the requirements of regulation 4, an application by a dental practitioner for the inclusion in the dental performers list must satisfy the requirements of this regulation.

(2) The dental practitioner must [F9 , subject to paragraph (4),] provide—

(a) details of the dental practitioner's dental qualifications, details of where they were obtained and evidence of them;

[F10 (b) unless the dental practitioner is undertaking foundation training, or is exempt under regulation 34(4) from the requirement to undertake foundation training, evidence that the dental practitioner has satisfactorily completed such training;]

(c) a declaration that the dental practitioner is included in the dentists register;

(d) the dental practitioner's professional registration number and date of first registration;

(e) if the dental practitioner is undertaking foundation training, the name and practice address of the dental practitioner's approved trainer;

(f) confirmation of whether the dental practitioner is a contractor under a general dental services contract or provides primary dental services in accordance with section 107 arrangements; and

(g) confirmation of whether the dental practitioner is a contractor under a general dental services contract or provides primary dental services in accordance with section 107 arrangements for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme.

(3) The dental practitioner must give the following undertakings—

(a) if the dental practitioner is undertaking foundation training—

(i) not to perform any primary dental services except when acting for and under the direction of the dental practitioner's approved trainer,

(ii) to withdraw from the dental performers list if the dental practitioner fails to complete that training [F11 satisfactorily], and

(iii) upon [F12 satisfactory] completion of the dental practitioner's foundation training, to provide [F13 NHS England] with satisfactory evidence of that fact;

(b) if the dental practitioner is a contractor under a general dental services contract, to comply with the requirements of paragraph 83 of Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 2005 (gifts) M5 ; and

(c) if the dental practitioner is not a contractor under a general dental services contract, to comply with the requirements referred to in sub-paragraph (b) as though the dental practitioner were such a contractor.

[F14 (4) This regulation applies to an application made by a returning practitioner as if paragraph (2)(a) and (c) were omitted.]

Textual Amendments

F9 Words in reg. 33(2) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 18(a)

F10 Reg. 33(2)(b) substituted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 5(a)

F11 Word in reg. 33(3)(a)(ii) inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 5(b)

F12 Word in reg. 33(3)(a)(iii) inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 5(c)

F13 Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F14 Reg. 33(4) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 18(b)

Marginal Citations

M5 S.I. 2005/3361. Paragraph 83 of Schedule 3 was amended by S.I. 2013/364.

Additional grounds for refusal E+W

34.—(1) In addition to the grounds in regulation 7(2), [F13 NHS England] may refuse to admit a dental practitioner to the dental performers list if—

(a) the dental practitioner's registration in the dentists register is subject to conditions by virtue of a direction of a Practice Committee under section 27B (Practice Committees), 27C (resumed hearings) or 28 (restoration to register) of the Dentists Act 1984 M6 ;

(b) the dental practitioner is subject to an order for immediate conditional registration made by a Practice Committee under section 30 of the Dentists Act 1984 (orders for immediate suspension and immediate conditional registration) M7 ; or

(c) the dental practitioner is subject to an order for interim conditional registration made by a Practice Committee, Interim Orders Committee or the court under section 32 of the Dentists Act 1984 (interim orders) M8 .

(2) In addition to the grounds in regulation 7(4), [F13 NHS England] must also refuse to admit a dental practitioner to the dental performers list if the dental practitioner is not undertaking foundation training and has neither [F15 satisfactorily] completed foundation training nor is exempt under paragraph (4) from the requirement to undertake foundation training.

(3) For the purposes of regulation 7(2)(e), the day prescribed in this Part is 3rd March 2003 or, if the dental practitioner concerned had been included in a dental list, 14th December 2001.

[F16 (4) A dental practitioner is exempt from the requirement to undertake foundation training—

(a) if the dental practitioner is judged, through an assessment by [F13 NHS England], to have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training; or

(b) for a period during which the dental practitioner participates in an induction programme in accordance with paragraphs (5) to (7).]

[F17 (5) For the purposes of paragraph (4)(b), where the dental practitioner is judged, through an assessment by [F13 NHS England], to have the knowledge and experience necessary to perform primary dental services to a standard that does not prejudice the efficiency of those services, [F13 NHS England] may specify the requirements for an induction programme which the dental practitioner must participate in.

(6) The specified requirements of an induction programme must have the aim that, after completing the programme, the dental practitioner is able to satisfy [F13 NHS England] that they have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.

(7) Where [F13 NHS England] specifies the requirements for an induction programme, it must specify a period of no more than two years during which the dental practitioner must participate in the induction programme.

(8) Regulations 32 (contents of the dental performers list), 33 (application for inclusion in the dental performers list) and 35(1)(b) (grounds for removal from the dental performers list) apply to a dental practitioner participating in an induction programme as if they were a dental practitioner undertaking foundation training.]

Textual Amendments

F13 Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F15 Word in reg. 34(2) inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 6(a)

F16 Reg. 34(4) substituted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 6(b)

F17 Reg. 34(5)-(8) inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 6(c)

Marginal Citations

M6 Sections 27B, 27C and 28 were substituted by S.I. 2005/2011.

M7 Section 30 was substituted by S.I. 2005/2011.

M8 Section 32 was substituted by S.I. 2005/2011.

Grounds for removal from the dental performers list E+W

35.—(1) In addition to the grounds in regulation 14(1), [F13 NHS England] must remove a dental practitioner from the dental performers list where it becomes aware that—

(a) the dental practitioner's registration in the dentists register has been suspended [F18 under section 27B(6)(b), 27C(2)(d) or (3) of the Dentists Act 1984]; or

[F19 (b) the dental practitioner—

(i) is not exempt under regulation 34(4) from the requirement to undertake foundation training,

(ii) has failed to complete foundation training satisfactorily, and

(iii) has not withdrawn from the dental performers list pursuant to regulation 33(3)(a)(ii).]

This is subject to paragraph (2).

(2) Paragraph (1)(a) does not apply where a direction that a dental practitioner's registration in the dentists register be suspended is made in a health case.

(3) For the purposes of regulation 14(3)(a), the day prescribed in this Part is 3rd March 2003 or, if the dental practitioner had been included in a dental list, 14th December 2001.

(4) In calculating the period of 12 months under regulation 14(7), [F13 NHS England] is to disregard any period during which the dental practitioner's registration in the dentists register is suspended.

Textual Amendments

F13 Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F18 Words in reg. 35(1)(a) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 11

F19 Reg. 35(1)(b) substituted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 7