The Registration of Private Dentistry (Wales) Regulations 2017

Prospective

PART 1 E+W General

Title, commencement and application E+W

1.  The title of these Regulations is the Registration of Private Dentistry (Wales) Regulations 2017 and they come into force on 1 April 2017.

Commencement Information

I1 Reg. 1 in force at 1.4.2017, see reg. 1

2.  These Regulations apply in relation to Wales.

Commencement Information

I2 Reg. 2 in force at 1.4.2017, see reg. 1

Interpretation E+W

3.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Care Standards Act 2000 and, with respect to Part 2 of that Act, means that Part as applied with modifications to private dental practices by the Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 and by regulation 39 of the Private Dentistry (Wales) Regulations 2017;

“the 2017 Regulations” (“Rheoliadau 2017”) means the Private Dentistry (Wales) Regulations 2017(1);

“applicant” (“ceisydd”) means the person seeking to be registered;

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

(a)

if an office has been specified under regulation 3(2) of the Private Dentistry (Wales) Regulations 2017, that office;

(b)

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

“dental care professional” (“proffesiynolyn gofal deintyddol”) means—

(a)

a dental hygienist;

(b)

a dental therapist; or

(c)

a clinical dental technician;

“dental hygienist” (“hylenydd deintyddol”), “dental therapist” (“therapydd deintyddol”) and “clinical dental technician” (“technegydd deintyddol clinigol”) mean persons registered as such with the General Dental Council in the dental care professionals register established under section 36B of the Dentists Act 1984(2);

“dental performers list” (“rhestr perfformwyr deintyddol”) means the list prepared by a Local Health Board or the National Health Service Commissioning Board and published pursuant to regulation 3(1)(b) of the National Health Service (Performers Lists) (Wales) Regulations 2004(3) or regulations under section 106 of the National Health Service Act 2006(4) as appropriate;

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

“dentist” (“deintydd”) means a person registered in the dentist’s register kept in accordance with section 14 of the Dentists Act 1984;

“exposure-prone procedures” (“triniaethau a all arwain at gysylltiad”) for the purposes of these Regulations refers to invasive procedures where there is a risk that injury to the dentist or dental care professional may result in the exposure of a patient’s open tissue to the blood of the dentist or dental care professional;

“holding company” (“cwmni daliannol”) has the meaning given to it by section 1159 of the Companies Act 2006(5);

“insurance” (“yswiriant”) means—

(a)

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

(b)

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

“organisation” (“sefydliad”) means a body corporate or any unincorporated association other than a partnership;

“private dental practice” (“practis deintyddol preifat”)(6) means an undertaking which consists or includes the provision of—

(a)

private dental services by a dentist, or

(b)

relevant professional services by a dental care professional, otherwise than for the purposes of the National Health Service (Wales) Act 2006(7);

“professional registration number” (“rhif cofrestru proffesiynol”) means the number against the person’s name in the dentists register kept in accordance with section 14 of the Dentists Act 1984;

“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 2010(8);

“registered manager” (“rheolwr cofrestredig”) means a person who is registered under Part 2 of the Act as the manager of a private dental practice;

“registered person” (“person cofrestredig”) means a person who is the registered provider or the registered manager of a private dental practice;

“registered provider” (“darparwr cofrestredig”) means a person who is registered under Part 2 of the Act as the person carrying on a private dental practice;

“registration” (“cofrestriad”, “cofrestru”) means registration under Part 2 of the Act;

“relevant professional services” (“gwasanaethau proffesiynol perthnasol”) means the provision of professional services in accordance with the full scope of practice of a dental care professional, otherwise than in accordance with prescription from a dentist but does not include—

(a)

the provision of tooth whitening services by a dental hygienist or a dental therapist, and

(b)

the provision and maintenance of dentures for dentate patients(9) by a clinical dental technician;

“responsible individual” (“unigolyn cyfrifol”) means an individual who is a director, manager, secretary, or other officer of an organisation and is responsible for supervising the management of a private dental practice;

“responsible person” (“person cyfrifol”) means—

(a)

where the applicant is an individual—

(i)

the applicant; and

(ii)

if the applicant carries on or intends to carry on the private dental practice in partnership with others, each partner of the applicant;

(b)

where the applicant is a partnership, each member of the partnership;

(c)

where the applicant is an organisation, the responsible individual;

“statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 5(1) of the Private Dentistry (Wales) Regulations 2017;

“subsidiary” (“is-gwmni”) has the meaning given to it by section 1159 of the Companies Act 2006.

(2) In these Regulations, references to a private dental practice, are to be construed as references—

(a) in the case of an applicant, to the private dental practice in respect of which the applicant is seeking to be registered;

(b) in the case of a registered person, the private dental practice in respect of which the applicant is registered.

Commencement Information

I3 Reg. 3 in force at 1.4.2017, see reg. 1

(1)

S.I. 2017/202 (W.57)).

(2)

1984 c. 24.

(3)

S.I. 2004/1020 (W. 117).

(4)

2006 c. 41.

(5)

2006 c. 46.

(6)

See regulation 4 of the Private Dentistry (Wales) Regulations 2017 for undertakings which are not private dental practices.

(7)

2006 c. 42.

(8)

2010 c. 15.

(9)

A clinical dental technician may only provide the full range of services via direct access arrangements for edentulous patients.