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PART I —GENERAL

Title, commencement and application

1.—(1) The title of these Regulations is the Private Dentistry (Wales) Regulations 2008 and they come into force on 1 January 2009.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations —

“the Act” (“y Ddeddf”) means the Care Standards Act 2000;

“appropriate office of the registration authority” (“swyddfa briodol yr awdurdod cofrestru”) means in relation to a provider of dental services —

(a)

if an office of the registration authority has been specified under regulation 20 that office; or

(b)

in any other case, any office of the registration authority;

“complaints procedure” (“yr weithdrefn gwynion”) must be construed in accordance with regulation 15;

“dental performers list” (“rhestr performwyr deintyddol”) means the list prepared by a Local Health Board or Primary Care Trust and published pursuant to regulation 3(1)(b) of the National Health Service (Performers Lists) (Wales) Regulations 2004(1) or regulation 3(1)(b) of the National Health Service (Performers Lists) Regulations 2004(2) as appropriate;

“dental services” (“gwasanaethau deintyddol”) means any dental treatment provided by a dentist;

“dentist” (“deintydd”) means a person registered under the Dentists Act 1984;

“dentists register” (“cofrestr deintyddion”) means the register referred to in section 14(1) of the Dentists Act;

“insurance” (“yswiriant”) means —

(a)

a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a dentist or clinical dental technician, or

(b)

an arrangement made for the purpose of indemnifying a person against such liabilities;

“list of visiting EEA practitioners” (“rhestr o ymarferwyr AEE sy'n ymweld”) means the list prepared by the General Dental Council of visiting EEA practitioners working on a temporary and occasional basis;

“private dental services” (“gwasanaethau deintyddol preifat”) means dental services not provided under the National Health Service (Wales) Act 2006(3);

“patient” (“claf”) means a person to whom dental services are provided;

“private dentistry” (“deintyddiaeth breifat”) means dental services provided otherwise than for the purposes of the National Health Service;

“professional registration number” (“rhif cofrestriad proffesiynol”) means the number against the person’s name in the dentists register;

“registered person” (“person cofrestredig”) means a person who is registered as a provider of dental services;

“working day” (“diwrnod gwaith”) means a day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(4).

(2) In these Regulations a reference —

(a)to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(b)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(c)in a paragraph to a letter or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.

(3) In Schedule 1, a reference to Part II of the Act is to Part II of the Act as applied by regulation 3 and Schedule I.

Prescribed persons

3.—(1) A dentist who provides any dental service otherwise than in pursuance of the National Health Service (Wales) Act 2006 is hereby prescribed for the purposes of section 42(1) of the Act.

(2) Part II of the Act applies to persons prescribed in paragraph (1) in accordance with Schedule 1 and with the modification specified in regulation 4.

Modification of section 28 of the Act (failure to display certificate of registration)

4.  Section 28(1) has effect as if it read:

(2)

S.I. 2004/585.