The National Health Service (General Dental Services) (Amendment) (Wales) Regulations 2001

Amendment of regulation 5 of the principal Regulations

5.  In regulation 5 of the principal Regulations (application for inclusion in the dental list)—

(a) for “FHSA” in each place where that abbreviation occurs substitute the words “Health Authority”;

(b) after paragraph (2) insert—

“(2A) Where a Health Authority, following its inspection of the proposed practice premises, determines in accordance with paragraph (2) that a dentist’s name should be included in the dental list because it has determined that the practice premises are proper and sufficient for the provision of general dental services, it shall —

(a) forthwith give notice in writing of its determination to the dentist; and

(b) add the dentist’s name to its dental list.

(2B) Where the Health Authority, following its inspection of the proposed premises, determines in accordance with paragraph (2) that a dentist’s name should not be included in the dental list because the practice premises are not proper and sufficient for the provision of general dental services, it shall —

(a) forthwith give notice in writing of its determination to the dentist; and

(b) include with the notice a statement of its reasons for the determination and a statement that the dentist may, within 28 days following the day he received notice of the determination, appeal in writing to the National Assembly for Wales against it.

(2C) Where a dentist appeals in accordance with paragraph (2B), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the proposed practice premises within 28 days following receipt of the dentist’s notice of appeal, or such longer period as may be mutually agreed.

(2D) The inspection shall be carried out by a person nominated by the National Assembly for Wales in the presence of the dentist and a representative of the Health Authority.

(2E) The National Assembly for Wales shall, following the inspection, determine whether the proposed practice premises are proper and sufficient for the provision of general dental services.

(2F) Where the National Assembly for Wales determines, in accordance with paragraphs (2C) to (2E), that the proposed practice premises are proper and sufficient for the provision of general dental services, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination and the Health Authority shall, on receiving such notification, include the dentist’s name in the dental list forthwith.

(2G) Where the National Assembly for Wales determines, in accordance with paragraphs (2C) to (2E), that the proposed practice premises are not proper and sufficient for the provision of general dental services, it shall forthwith give notice in writing of its determination to the Health Authority and the dentist and shall include with the notice a statement of the reasons for its determination.”.