36. –
(1) Where—
(a)a dentist has appealed against a determination of a Local Health Board in accordance with regulation 9 before the relevant date, but that appeal has not been finally determined before that date; or
(b)in respect of a determination made by a Local Health Board in accordance with regulation 8 before the relevant date, the time limit specified in regulation 9(2) for appealing that determination has not expired before the relevant date, and the dentist serves a notice of appeal on or after the relevant date but within the time limit specified in regulation 9(2),
that appeal will be determined pursuant to regulations 9, 10, 11 and 12, as if the amendments to those regulations and Schedule 5 had not taken effect.
(2) Where an appropriate LHB has made a determination in respect of a dentist on or after the relevant date pursuant to this Part—
(a)the dentist will be entitled to appeal against that determination in accordance with regulation 9; and
(b)that appeal will be determined pursuant to regulations 9, 10, 11 and 12,
as if the amendments to those regulations and to Schedule 5 had not taken effect.
(3) Where, on or after the relevant date, the National Assembly for Wales is determining pursuant to regulation 9, 10, 11 or 12 what (if any) action to take in respect of a dentist, it will make a determination pursuant to those regulations as if the amendments to those regulations and to Schedule 5 had not taken effect and that determination will have effect in accordance with this article.
(4) If, in accordance with paragraph (3), the National Assembly for Wales determines pursuant to—
(a)regulation 9(3)(d), that there has been an overpayment and, if so, what amount;
(b)regulation 8(5)(a) and 9(3) or 11, that an amount will be recovered from the dentist;
(c)regulation 8(5)(c) and 9(3), that it would have warned the dentist to comply more closely with his or her terms of service in future, if those terms of service were still applicable; or
(d)regulation 12, that it would have imposed a prior approval requirement on the dentist,
it will, in addition to the persons specified in regulation 10(14), notify the Local Health Board specified in paragraph (5).
(5) The National Assembly for Wales will, pursuant to paragraph (4)(a) to (4)(d), notify the contracting LHB and the Performers List LHB (if any) of its determination if those Local Health Boards are different to the Local Health Board referred to in regulation 10(14).
(6) Where, pursuant to regulation 8(5)(a), 9(3) or 11, the National Assembly for Wales has determined that an amount will be recovered from a dentist it will direct the appropriate LHB, to recover that amount from the dentist and that amount will be a debt owed to that appropriate LHB.
(7) Where, pursuant to paragraph (5), the National Assembly for Wales has notified the contracting LHB that it has taken any of the decisions specified in paragraph (4)(a) to (4)(d), whether or not the contracting LHB is also the appropriate LHB, paragraph (8) will apply without prejudice to any other right the contracting LHB may have to take action against the relevant contractor pursuant to any term of the general dental services contract or personal dental services agreement.
(8) Where this paragraph applies, the contracting LHB may, in relation to a relevant contractor, take into account the determination of the National Assembly for Wales if it is considering, pursuant to a term of the general dental services contract that gives effect to paragraph 73(7) of Schedule 3 to the GDS Contracts Regulations or the personal dental services agreement that gives effect to paragraph 71(7) of Schedule 3 to the PDS Agreements Regulations whether the cumulative effect of breaches under that contract or agreement is such that to allow the contract or agreement to continue would be prejudicial to the efficiency of the services provided under that contract or agreement.
(9) The contracting LHB will not, pursuant to paragraph (8), take into account any notification received that relates to a determination that was made by the National Assembly for Wales that occurred more than 6 years prior to the date upon which the contracting LHB is considering the matter pursuant to paragraph (8).
(10) Where a Performers List LHB has received notification from the National Assembly for Wales pursuant to paragraph (4) or (5), whether or not the Performers List LHB is also the appropriate LHB, it will consider what (if any) action it should take in respect of that dentist pursuant to its powers under the Performers Lists Regulations.