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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The National Health Service (General Dental Services) (Amendment) (Wales) Regulations 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20012133e.html |
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| Made | 5th June 2001 | ||
| Coming into force | 12th July 2001 |
Amendment of regulation 4 of the principal Regulations
4.
In regulation 4 of the principal Regulations (dental list) -
Amendment of regulation 5 of the principal Regulations
5.
In regulation 5 of the principal Regulations (application for inclusion in the 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 -
(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.".
General anaesthesia list
6.
After regulation 5C insert -
(8) Where the Health Authority determines in accordance with paragraph (6) that a dentist's name should not be included in its general anaesthesia list because the practice premises are not proper and sufficient for the provision of treatment under general anaesthesia, it shall -
(9) Where the dentist appeals in accordance with paragraph (8), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the practice premises within 28 days following its receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed.
(10) 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.
(11) The National Assembly for Wales shall, following the inspection, determine whether the practice premises are proper and sufficient for the provision of treatment under general anaesthesia.
(12) Where the National Assembly for Wales determines, in accordance with paragraphs (9) to (11), that the practice premises are proper and sufficient for the provision of treatment under general anaesthesia, 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, add the dentist's name to its general anaesthesia list forthwith.
(13) Where the National Assembly for Wales determines, in accordance with paragraphs (9) to (11), that the practice premises are not proper and sufficient for the provision of treatment under general anaesthesia, 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.
(14) A dentist may apply for his name to be removed from the general anaesthesia list by notifying the Health Authority of his wish in writing.
(15) A dentist's name shall be removed from the general anaesthesia list forthwith if his name is removed for any reason from the Health Authority's dental list.
Removal from or amendment of the general anaesthesia list
5E
(1) Where, following an inspection under paragraph 33A(6) of Schedule 1, the Health Authority determines that the practice premises are no longer proper and sufficient for the provision of treatment under general anaesthesia, it shall forthwith give notice in writing of its determination to the dentist and shall include with the notice a statement of the reasons for its determination and a statement that the dentist may, within 28 days following the day he received notice of such determination, appeal to the National Assembly for Wales against it.
(2) In a case falling within paragraph (1) the Health Authority shall ascertain by making enquiries of the National Assembly for Wales, whether the dentist has appealed in accordance with paragraph (1) and, where he has not done so, shall, subject to paragraph (8), remove his name from the general anaesthesia list forthwith.
(3) Where a dentist appeals in accordance with paragraph (1), the National Assembly for Wales shall make arrangements with the dentist to carry out an inspection of the practice premises within 28 days following receipt of the dentist's notice of appeal, or such longer period as may be mutually agreed.
(4) 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.
(5) The National Assembly for Wales shall, following an inspection, determine whether the practice premises continue to be proper and sufficient for the provision of treatment under general anaesthesia.
(6) Where the National Assembly for Wales determines, in accordance with paragraphs (3) to (5), that the practice premises continue to be proper and sufficient for the provision of treatment under general anaesthesia, 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.
(7) Where the National Assembly for Wales determines, in accordance with paragraphs (3) to (5) that the practice premises are no longer proper and sufficient for the provision of treatment under general anaesthesia, 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 decision and the Health Authority shall, on receiving such notification, but subject to paragraph (8), remove the dentist's name from its general anaesthesia list forthwith.
(8) Where a case falls within paragraphs (2) or (7) but the dentist provides treatment to patients under general anaesthesia at more than one set of practice premises, the address of the practice premises in question shall be erased from the general anaesthesia list but the dentist's name shall continue to be included in the list unless all of the practice premises at which he provides such treatment are no longer proper and sufficient for the provision of treatment under general anaesthesia.".
Amendment of Schedule 1 to the principal Regulations
7.
- (1) Schedule 1 to the principal Regulations (terms of service for dentists) is amended as follows.
(2) In paragraph 16 (mixing of general dental services and private care and treatment) -
(3) In paragraph 21 (general anaesthesia and sedation) -
(4) In paragraph 27A (completion of claim forms) -
(5) After paragraph 33 (premises etc) insert -
(6) In paragraph 40 (general anaesthetics), for "a doctor or another dentist", substitute "an appropriately qualified doctor".
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[4]
D. Elis Thomas
The Presiding Officer of the Assembly for Wales
5th June 2001
Section 15(1) was amended by section 5(2) of the Health and Social Security Act 1984 (c.48) ("the 1984 Act"); by the 1990 Act, section 12(1) and by the Health Authorities Act 1995 (c.17) ("the 1995 Act"), section 2(1) and Schedule 1, paragraph 6(e).
Section 35(1) was substituted by S.I.1985/39, article 7(9), and amended by the 1995 Act, Schedule 1, paragraph 24.
Section 36(1) was so numbered by the 1984 Act, Schedule 3, paragraph 5(1) and amended by S.I.1981/432, article 3(3)(a); by S.I.1985/39, article 7(10); by section 25 of and Schedule 2, paragraph 4 to the Health and Medicines Act 1988 (c.49), by the 1990 Act, section 24(2) and by the 1995 Act , section 2(1) and Schedule 1, paragraph 25(a). Section 36(3) was inserted by the 1990 Act, section 24(3).
Section 126(4) was amended by the 1990 Act, section 65(2); and by the Health Act 1999 (c.8) ("the 1999 Act"), Schedule 4, paragraph 37(6).
The functions of the Secretary of State under sections 15(1), 35(1), 36(1) and (3) and 126(4) of the 1977 Act are transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 S.I.1999/672, article 2 and Schedule 1, as amended by section 66(5) of the 1999 Act.back
[2] S.I.1992/661; relevant amending instruments are S.I.1993/2209 and 3172, 1995/3092, 1998/1648 and 2000/3118.back
[3] S.I.1989/394, as amended by S.I.1991/581, 1992/369, 1993/419, 1994/530, 1995/444, 1996/389, 1997/558, 1998/490 and 2221, 1999/544, 2000/977 (W.47) and 2001/1359 (W.87)back