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The National Health Service (General Dental Services) (Scotland) Regulations 2010

Type Scottish-Statutory-Instrument

Publication 2010-05-20

Last updated 2026-01-31

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 20th May 2010

Laid before the Scottish Parliament: 21st May 2010

Coming into force: 2nd July 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 4(1A), (1B) and (1C), 25(1), (2), (2A), (2B), (3) and (5), 28(1), 28A, 28C, 32D, 32E, 34, 105(6) and (7), 106 and 108(1) of the National Health Service (Scotland) Act 1978[^f00001] and of all other powers enabling them to do so. In accordance with section4(1B) of that Act they have consulted such organisations as appear to them to be representative of persons providing general dental services. In accordance with section25(3) of that Act they have consulted such organisations as appear to them to be representative of the dental profession.

PART I — GENERAL

Citation and commencement

1

These Regulations may be cited as the National Health Service (General Dental Services) (Scotland) Regulations 2010 and come into force on 2nd July 2010.

Interpretation

2

(1) In these Regulations, unless the context otherwise requires—

“the Act” means the National Health Service (Scotland) Act 1978;

“the 1997 Act” means the National Health Service (Primary Care) Act 1997[^f00002];

“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007;

“the 1996 Regulations” means the National Health Service (General Dental Services) (Scotland) Regulations 1996[^f00003];

“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act[^f00004];

“area” means in relation to a Health Board the area for which the Health Board is constituted;

“area dental committee” means the committee of that name which is recognised by a Health Board in relation to its area under section 9 of the Act[^f00005];

“assign” means, in relation to a care home, to allocate responsibility for providing enhanced skills in domiciliary care, “assigned” is to be construed accordingly;

“assistant” means (i) any dentist employed as an assistant dentist by a contractor either whole-time or part-time under a contract of service, for the purpose of assisting that contractor with the provision of general dental services or (ii) any dentist undertaking vocational training under the supervision of a contractor or a salaried dentist and who is employed under a contract of service with NHS Education for Scotland;

“associateship agreement” means an agreement between dentists or a dentist and a body corporate named in sub-partA of the first part of a dental list—to which there are 2 parties, who are not parties to a partnership agreement, relating to the provision of general dental services, andwhereby one party is liable to provide, for financial consideration, the use of some or all premises and facilities for the provision of general dental services by the other party;

“barred from regulated roles” means barred from regulated roles with children or adults within the meaning of section 92(1) or (2) (individuals barred from regulated roles) of the 2007 Act,

“body corporate” means a body corporate entitled by virtue of section 43 of the Dentists Act 1984[^f00006] to carry on the business of dentistry;

“capitation arrangement” means an arrangement between a contractor and a patient whereby the contractor provides care and treatment in accordance with paragraph 5 of Schedule 1;

“care and treatment” means all proper and necessary care and treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment and preventative care;

“care home” means accommodation occupied mainly or exclusively by individuals aged 16 or over which is provided by an organisation carrying on a care home service within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010;

“care home resident” means a person whose place of residence is a care home;

“Certificate of Completion of Enhanced Skills Training (Domiciliary Care)” means a certificate issued by NHS Education For Scotland to a dentist following completion of enhanced training and mentoring in domiciliary care by that dentist;

“condition for disqualification” means the first, second or third condition for disqualification in section29 of the Act[^f00007];

“conditional disqualification” has the same meaning as in section 29C(1) of the Act[^f00008] and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding (whether or not exactly) to a conditional disqualification, and “conditionally disqualified” shall be construed accordingly;

“considered for listing” means considered for listing by the Scottish Ministers in the children’s list or adult’s list or in both lists in pursuance of section 10, 11, 12 or 13 (consideration whether to list) of the 2007 Act;

“contractor” means a person who has undertaken to provide general dental services and whose name is included in sub-partA of the first part of a Health Board’s dental list;

“corresponding decision” has the same meaning as in section 32D of the Act;

“cross-border dentist” means a domiciliary care dentist who does not provide general dental services from practice premises in the area, but has undertaken to only provide enhanced skills in domiciliary care in the area;

“dental care professional” means a person registered in the dental care professionals register;

“dental care professionals register” is the register established by section36B of the Dentists Act 1984[^f00009];

“Dental Core Training” means a period of postgraduate training following vocational training (or any equivalent training undertaken in England, Wales or Northern Ireland), administered in Scotland by NHS Education for Scotland and comprising clinical and educational sessions with regular assessment of the competencies required for progress;

“dental hygienist” means a person in the profession pursued by dental hygienists who is registered in the dental care professionals register;

“dental list” has the meaning given to it by regulation4;

“dental nurse” means a person in the profession pursued by dental nurses who is registered in the dental care professionals register;

“dental officer” means a dentist in the service of the SDPB;

“dental student” means a person studying for a qualification in dentistry, dental therapy or dental hygiene;

“dental surgery” means any part of the practice premises where care and treatment is provided;

“dental therapist” means a person in the profession pursued by dental therapists who is registered in the dental care professionals register;

“dentist” means a dental practitioner registered in the register of dentists;

“deputy” means a dentist who acts on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;

“designation procedure” means the procedure for requesting to become, and being designated as, a domiciliary care dentist set out in schedule B1;

“director” means a director of a body corporate or a member of the body of persons controlling a body corporate;

“Disclosure Act” means the Disclosure (Scotland) Act 2020,

“disqualification” means disqualification by the Tribunal (or a corresponding decision under provisions in force in England, Wales or Northern Ireland corresponding whether or not exactly to disqualification), but does not include conditional disqualification, and “disqualified” shall be construed accordingly;

“domiciliary care dentist” means a dentist—whose name appears on sub-part A of the first part of the dental list;who has received a Certificate of Completion of Enhanced Skills Training (Domiciliary Care); andwhose information on the Health Board’s dental list indicates that they have been designated under paragraph 5 of schedule B1;

“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000;

“an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;

“emergency dental services” means treatment which is provided in terms of arrangements made under regulation 19;

“enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;

“enhanced skills in domiciliary care” means general dental services provided to a care home resident in a care home by a domiciliary care dentist;

“enhanced training and mentoring in domiciliary care” means a programme of training and mentoring delivered by NHS Education for Scotland and a Health Board which includes the training and mentoring described in paragraph 3 of schedule B1;

“equivalent body” means—in England, NHS England;in Wales, a Local Health Board;in Northern Ireland, a Health and Social Services Board; in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England; in relation to any time prior to 1st October 2002, a Health Authority in England; orin relation to any time prior to 1st April 2003, a Health Authority in Wales,or any successor body;

“equivalent list” means a list kept by an equivalent body;

“estimate” means information submitted by a dentist to the SDPB in accordance with paragraph 28 of schedule 1 for the purpose of obtaining prior approval of care and treatment;

“form to like effect” includes where information that would otherwise be provided in a form supplied by the Health Board is compiled in electronic form (except where otherwise stated);

“fraud” means matters which it is the function of the Agency to prevent, detect or investigate by virtue of article 2(l) of the National Health Service (Functions of the Common Services Agency) Order 2008[^f00011];

“general dental services” has the meaning given in section25(1) of the Act;

“Health Board” means a Health Board constituted for any area under section 2(1)(a) of the Act[^f00012];

“health centre” means any premises at which general dental services are provided by salaried dentists;

“in-hours period” means the period beginning with 0800 hours and ending with 1800 hours on any working day;

“in writing” does not (except where otherwise stated) include an electronic communication;

“Level 2 disclosure” has the meaning given in section 8 of the Disclosure Act,

“Level 2 disclosure application” means an application under section 11 of the Disclosure Act,

“licensing or regulatory body” means a body that licenses or regulates any profession of which the dentist, or the body corporate (as the case may be) is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;

“list” has, unless the context otherwise requires, the same meaning as in section29(8)[^f00013] of the Act;

“listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1)(c)[^f00014] of the Act;

“listed provisionally” has the meaning given to it in regulation 4A(1);

“mobile surgery” means any vehicle in which care and treatment is provided;

“NHS charge” means a charge to the patient under the National Health Service (Dental Charges) (Scotland) Regulations 2003[^f00015];

“NHS Education for Scotland” means the body of the same name constituted under the NHS Education for Scotland Order 2002[^f00016];

“oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as is reasonable in the case of any patient, having regard to the need to safeguard the patient’s general health;

“orthodontic treatment” means treatment provided under and in association with sectionVIII (orthodontic treatment) of the Scale of Fees;

“orthodontist” means a dentist who is on the General Dental Council’s Specialist List of Orthodontists, namely the specialist lists in distinctive branches of dentistry maintained by the General Dental Council;

“Part 1 training” means a course of training provided by NHS Education for Scotland which includes training on radiology, managing medical emergencies including basic life support, infection prevention and control, consent, record keeping and best practice guidance;

“Part 2 training” means a course of training provided by NHS Education for Scotland which includes training on consent, the content and application of these Regulations and other relevant rules and law, the Statement of Dental Remuneration, infection prevention and control, record keeping and best practice guidance;

“patient” means a person to whom general dental services are provided;

“patient record” means the form supplied by the Health Board for the purpose of maintaining a record of treatment given to a patient or a form to like effect;

“personal dental services” has the meaning given in section 1(8) of the 1997 Act;

“pilot scheme” has the meaning given in section 1(1) of the 1997 Act;

“practice premises” means any premises or mobile surgery at which a contractor provides general dental services excluding any place which is a care home;

“practice record form” means a form referred to in, and completed in accordance with, paragraph 29(3)(a) or (5)(a) of schedule 1 in the context of obtaining general dental services;

“private”, in the context of care and treatment, means otherwise than under general dental services or Part III of the Act; and “privately” shall be construed accordingly;

“professional conduct” includes matters relating both to professional conduct and professional performance;

“professional registration number” means the number against the dentist’s name in the register of dentists;

“PVG Scheme Level 2 disclosure” means a Level 2 disclosure to which section 17 of the Disclosure Act applies,

“register of dentists” means the register kept under section 14[^f00017] of the Dentists Act 1984;

“relevant service” means—whole-time service in the armed forces of the Crown in a national emergency as a volunteer or otherwise;compulsory whole-time service in those forces, including service resulting from any reserve liability; orany equivalent service by a person liable for compulsory whole-time service in those forces;

“SDPB” means the Scottish Dental Practice Board;

“salaried dentist” means a dentist employed by a Health Board to provide general dental services;

“Scale of Fees” means the scale of fees set out in Determination I of the Statement of Dental Remuneration;

“scheme member” means a member of the Scheme, established by section 44 of the 2007 Act, in relation to both— a regulated role with children, as defined in section 91(2) (regulated roles) of the 2007 Act; and a regulated role with adults, as defined in section 91(3) of the 2007 Act;

“scheme record” means a document disclosed by the Scottish Ministers under section 52 of the 2007 Act which—sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,confirms that the scheme member is not barred from doing that work,states if the Scottish Ministers are considering whether to list the scheme member, andcontains vetting information about the scheme member which the Scottish Ministers discovered as a result of enquiries or arrangements made under section 47 of the 2007 Act,

“secure accommodation” has the meaning given in section 202(1) of the Children’s Hearings (Scotland) Act 2011;

“Specialty Training” means a period of postgraduate training to the relevant General Dental Council specialty curriculum, administered in Scotland by NHS Education for Scotland and comprising clinical and educational sessions with regular assessment of the competencies required for progress to the award of a Certificate of Completion of Specialty Training;

“Statement of Dental Remuneration” means the Statement published from time to time by the Scottish Ministers in accordance with regulation 22;

“suspended by the Health Board” means suspended by the Health Board as respects the provision of general dental services to patients, or as respects assisting in the provision of such services, in terms of regulation11;

“suspended by direction of the Tribunal” means suspended as respects the provision of general dental services, or as respects assisting in the provision of such services, to patients by a direction of the Tribunal made pursuant to section 32A(2) (application for interim suspension)[^f00018] or section 32B(1) of the Act (suspension pending appeal)[^f00019] or to any provisions in force in England and Wales or Northern Ireland corresponding (whether or not exactly) to those provisions;

“terms of service” means the terms of service set out in Schedule1;

“test of knowledge” means an assessment set by NHS Education for Scotland, which includes questions on any of the topics specified in schedule A1;

“trauma” means damage to teeth, gingival tissues, or alveoli caused by a force arising outside the mouth resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;

“treatment” means all proper and necessary dental treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventative treatment, periodontal treatment, conservative treatment, surgical treatment, the supply, replacement and repair of dental appliances, orthodontic treatment, the taking of radiographs, the provision of sedation in connection with such treatment, and the supply of listed drugs and the issue of prescription forms in accordance with paragraphs 24 and 25 of Schedule 1;

“treatment on referral” means any care and treatment provided by a dentist under paragraph14 of Schedule 1;

“treatment requiring prior approval” means any item of treatment referred to in Part I of Schedule 4 or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;

“Tribunal” means the Tribunal constituted in accordance with the provisions of section 29 of, and Schedule 8[^f00020] to, the Act;

“vocational training” has the meaning assigned to it by regulation1(2) of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004[^f00021];

“vocational training number” means the number allocated to a dentist—in Scotland under regulation 2 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 or under the provisions of regulation 6 of the 1996 Regulations[^f00022] before its revocation; andin Northern Ireland under the General Dental Services Regulations (Northern Ireland) 1993[^f00023] ; ...

“working day” means any day apart from a Saturday, Sunday, Christmas Day, New Year’s Day and any other public or local holiday; and

“young offenders institution” has the meaning given in section 19(1)(b) of the Prisons (Scotland) Act 1989.

(2) A reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of a Health Board (unless the context otherwise requires).

(3) In these Regulations, unless the context otherwise requires—

(a) any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations;

(b) any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation; and

PART II — GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES

Terms of service

3

(1) The arrangements which a Health Board is required by section 25 of the Act to make for the provision of general dental services shall incorporate—

(a) in the case of a contractor (other than a salaried dentist) undertaking to provide general dental services (other than emergency dental services) the terms of service contained in Parts I, II, III, IV and V of Schedule 1;

(b) in the case of a dentist undertaking to provide general dental services (other than emergency dental services) as a salaried dentist, the terms of service contained in Parts I, II, III, IV and VI of Schedule 1;

(c) in the case of the provision of emergency dental services, the terms of service contained in Parts I and III, paragraphs20, 22, 23, 24, 25, 27 and 31 of Part IV and paragraphs46(1), 47(1) and 48 of PartVI of Schedule1; ...

(d) in the case of a dentist or contractor (as the case may be) who has indicated in its application that it will only provide orthodontic treatment, the terms of services which apply to them in (a), (b) or (c), but only insofar as they are relevant to the provision of orthodontic treatment ; and

(e) in the case of a contractor (other than a salaried dentist) undertaking to provide general dental services as a domiciliary care dentist, the terms of service contained in Parts I, II, III, IV, V and VII of schedule 1.

(2) A contractor shall ensure that any dentist employed or engaged by it to provide or assist in the provision of general dental services shall comply with the terms of service referred to in paragraph(1); any breach of the terms of service by such a dentist shall be deemed to be a breach of the terms of service by that contractor.

(3) Subject to paragraph (4), a Health Board may, after consultation with an area dental committee and with the approval of the Scottish Ministers, make special arrangements with a contractor whereby the contractor undertakes to provide general dental services throughout a part of the Health Board’s area specified in the arrangements, at suitable centres in the area or at the homes of persons requiring such services.

(4) The following are not special arrangements for the purposes of paragraph (3)—

(a) designating a dentist as a domiciliary care dentist under paragraph 5 of schedule B1; or

(b) assigning a domiciliary care dentist to a care home under paragraph 5 of schedule B1 or paragraph 55 of schedule 1.

Dental list

4

(1) Each Health Board shall prepare and maintain in accordance with these Regulations a list, called “the dental list”, of those persons—

(i) who pursuant to the provisions of regulation5 have undertaken to provide general dental services in the Health Board’s area; or

(ii) who are approved by the Health Board to assist in the provision of general dental services in the Health Board’s area; and

(b) who are not disqualified from inclusion in the dental list by virtue of—

(i) the provisions of sections29B(2)[^f00024], 30(2)[^f00025], or (5)[^f00026], 32A(3)[^f00027] or 32B(1)[^f00028] of the Act;

(ii) a corresponding decision;

(iii) being within a category of person specified in the provisions of regulation 7 (grounds for refusal of application);

(iv) regulation26(1) (practitioner subject to inquiry) of the National Health Service (Tribunal) (Scotland) Regulations 2004[^f00029].

(2) The dental list shall be divided into two parts—

(a) the first part of which shall be of dentists and bodies corporate who have undertaken to provide general dental services under arrangements with the Health Board in terms of these Regulations; and

(b) the second part of which shall be of dentists who are approved by the Health Board to assist in the provision of such services.

(3) The first part of the dental list shall be further divided into two sub-parts—

(a) sub-part A of which shall comprise a list of dentists and bodies corporate who have undertaken to provide general dental services in the Health Board’s area; and

(b) sub-part B of which shall comprise a list of dentists and bodies corporate who have undertaken only to provide emergency dental services in the Health Board’s area.

(4) Sub‑partA of the first part of the dental list shall contain the following information:—

(a) the name of each person and the date on which the name was included in that part of the dental list;

(b) the addresses of all the practice premises in the Health Board’s area where each person has undertaken to provide general dental services, or in the case of a mobile surgery, the address to which correspondence in connection with such provision should be sent;

(ba) in the case of a cross-border dentist, the address to which correspondence in connection with the general dental services they provide in the area should besent;

(c) details of the days on which and the hours between which general dental services will normally be available at such premises, or in the case of any mobile surgery particulars of the places regularly visited by the contractor and the times of such visits;

(ca) in the case of a domiciliary care dentist, the address of any care homes regularly visited by that dentist;

(d) the name of any other person in association with whom a person named on the dental list provides general dental services;

(e) in the case of a dentist, the date of that dentist’s first registration and any subsequent registrations as a dental practitioner in the register of dentists;

(f) in the case of a dentist, the dentist’s professional registration number, details of the dental qualification held by that dentist which entitled that dentist to be so registered, including the date on which the qualification was awarded and details of any other dental qualification held by the dentist specified in respect of that dentist in the register of dentists;

(fa) in the case of a dentist, whether the dentist is a domiciliary care dentist in respect of the area;

(g) whether a person named on the dental list provides only orthodontic treatment;

(ga) whether a person named on the dental list provides only enhanced skills in domiciliary care in the area;

(h) whether there is access to the practice premises without the use of stairs;

(i) whether there is wheelchair access to the practice premises;

(j) whether each person named on that part of the dental list has indemnity cover against claims relating to the practice of dentistry including cover for other persons whose work that person directs, or who is employed or engaged by that person in relation to the provision of general dental services;

(k) whether the person named on that part of the dental list is listed provisionally.

(5) Sub‑partB of the first part of the dental list shall contain the following information:—

(a) the name of each person and the date on which the name was included in that part of the dental list;

(b) in the case of a dentist, the date of that dentist’s first registration and any subsequent registrations as a dental practitioner in the register of dentists;

(c) in the case of a dentist, the dentist’s professional registration number, details of the dental qualification held by that dentist which entitled that dentist to be so registered, including the date on which the qualification was awarded and details of any other dental qualification held by the dentist specified in respect of that dentist in the register of dentists;

(d) the address(es) of the hospital or premises at which the dentist or body corporate will provide emergency dental services in the Health Board’s area;

(e) whether each person named on that part of the dental list has indemnity cover against claims relating to the practice of dentistry, including cover for other persons who are employed or engaged by that person in relation to the provision of emergency dental services.

(6) The second part of the dental list shall contain the following information:—

(a) the name of each dentist and the date on which the name was included in that part of the dental list;

(b) the professional registration number of the dentist;

(c) the date of the dentist’s first registration and any subsequent registrations as a dental practitioner in the register of dentists;

(d) details of the dental qualification held by the dentist which entitled that dentist to be so registered, including the date on which the qualification was awarded and details of any other dental qualification held by the dentist specified in respect of that dentist in the register of dentists; ...

(e) whether the dentist assists in the provision of orthodontic treatment only ; and

(f) whether the dentist is listed provisionally in that part of the dental list.

Application for inclusion in the dental list and notification of changes

5

(1) Subject to paragraphs (2) to (4), an application by a person for inclusion in a dental list shall be made in writing to the Health Board and shall include the information, declarations, certificate or application, Level 2 disclosure, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings and consents specified in Schedule 2 and—

(a) shall state whether the applicant is a person registered in the register of dentists or a body corporate;

(b) shall, if the application relates to sub-part A of the first part of the dental list, include the information, declarations, certificate or application, Level 2 disclosure, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings, and consents specified in Part IA of Schedule 2;

(c) shall, if the application only relates to sub-part B of the first part of the dental list, include the information, declarations, certificate or application, Level 2 disclosure, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings and consents specified in Part IB of Schedule 2;

(d) shall, if the application relates to the second part of the dental list, include the information, declarations, certificate or application, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings and consents specified in Part II of Schedule 2;

(e) may include the information specified in Part III of Schedule 2; and

(f) shall, in the case of an application by a body corporate, be signed by all the directors of that body corporate.

(1A) Where an application under paragraph (1) is made by a person who—

(a) does not fall within one of the grounds specified in regulation 5A(2), and

(b) has not satisfactorily completed—

(i) Part 1 training, Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(1), or

(ii) Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(3),

that application must also include the information specified in paragraph (1B).

(1B) The information is—

(a) confirmation that the person is applying to be listed provisionally,

(b) evidence demonstrating that the person holds a valid basic life support certificate issued following the completion of in person training provided by a health care professional, and

(c) confirmation from NHS Education for Scotland that the person is registered to undertake either Part 1 training and Part 2 training where the person is required to do this by regulation 5A(1) or Part 2 training where the person is required to do this by regulation 5A(3).

(2) Subject to paragraph (2A), an application may specify other Health Boards on whose dental lists the applicant wishes to be included, and such an application shall include an undertaking to provide or assist in providing general dental services, or emergency dental services (as the case may be), and comply with the relevant paragraphs of the terms of service, in the areas of the Health Boards so specified.

(2A) Where an application under paragraph 1 is made by a person who—

(a) does not fall within one of the grounds specified in regulation 5A(2), and

(b) has not satisfactorily completed—

(i) Part 1 training, Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(1), or

(ii) Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(3),

that application may not specify more than one Health Board in whose dental list the applicant wishes to be included.

(3) Before determining an application a Health Board shall—

(a) check the information provided by the applicant and any documents which the applicant is required to produce in terms of these Regulations;

(b) examine references obtained from the referees nominated by the applicant;

(c) obtain any Level 2 disclosure required in respect of the application if such disclosure was not included with the application,

(d) check with the Agency whether the applicant has any record of fraud, or is currently, or at any time has been, the subject of any investigation by the Agency, which information the Agency shall supply unless it would prejudice any criminal proceedings or the prevention, detection or investigation of fraud; ...

(e) notify any other Health Boards on whose dental list the applicant has specified in the application the applicant seeks to be included ; ...

(f) obtain any PVG Scheme Level 2 disclosure required in respect of the application ; and

(g) in the case of an application which includes a request to be designated as a domiciliary care dentist, decide upon that request in accordance with the designation procedure.

(4) If a Health Board considers that further information or documents, in addition to the information provided by the applicant in accordance with paragraph (1B) or the documents, information and undertakings provided by the applicant in accordance with Schedule2, are necessary to determine the application, the Health Board shall require the applicant to provide such further information or documents before it determines the application.

(5) If the Health Board considers that it requires to meet with the applicant, or where the applicant is a body corporate, any of its directors, in order to properly determine the application it shall require the applicant, member or director (as the case may be), to attend a meeting at a reasonable time and place to discuss the application and the applicant or director (as the case may be) shall comply with such a reasonable request.

(6) A Health Board may, if it considers that the proposed practice premises of an applicant should be inspected, inspect such premises.

(7) Where a Health Board has not inspected the proposed practice premises of an applicant, either in response to the application from the applicant, or in response to the inclusion of any other applicant, the Health Board shall inspect the proposed practice premises before determining the application.

(8) Any inspection made pursuant to paragraphs (6) or (7) shall be made not later than 14 days after the date of receipt of the application.

(9) Where information about an applicant’s previous convictions, including information disclosed by means of a Level 2 disclosure or PVG Scheme Level 2 disclosure, or any other information or documents disclosed or provided to, or investigations carried out by, the Health Board in terms of this regulation, leads the Health Board to consider that there may be grounds for referral to the Tribunal, then the Health Board may refer the matter to the Tribunal.

(10) Subject to paragraphs (10A) and (10B), where an applicant for inclusion in a Health Board’s dental list is already included on another Health Board’s dental list, and has specified such inclusion in the application, notwithstanding paragraphs(3) and (4), the Health Board to whom the application has been made may add the name of the applicant to its dental list without further inquiry.

(10A) Where an application—

(a) includes with it a request to be designated as a domiciliary care dentist in an area; and

(b) the applicant does not propose to provide general dental services from practice premises in that area,

the Health Board for that area must not add the applicant to its dental list before the Health Board has decided that request in accordance with the designation procedure.

(10B) Where an application—

(a) includes with it a request to be designated as a domiciliary care dentist in an area; and

(b) the applicant proposes to provide general dental services from practice premises in that area,

the Health Board for that area may add the name of the dentist to its dental list, but must not designate the dentist as a domiciliary care dentist, before the Health Board has decided that request in accordance with the designation procedure.

(11) In the case of an application to a Health Board by a dentist or body corporate already included in either part of that Health Board’s dental list, that dentist or body corporate shall only be required to provide the information required by paragraphs (1), (2), (3) and (4) insofar as—

(a) such information has not already been supplied to the Health Board; or

(b) the information has changed since it was provided.

(12) Any dentist who is undertaking vocational training may make an application to a Health Board to be included in the first part of its dental list not more than 4 months before that dentist is due to complete the training.

(13) An application under paragraph(12) shall contain the information, declarations, certificate or application, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings and consents mentioned in paragraph(1), except that required by sub-paragraphs1(d) and 3 of Part1A of Schedule2.

(14) An applicant under paragraph(12) shall provide the information required by paragraphs1(d) and 3 of Part1A of Schedule2 as soon as the applicant has been notified by NHS Education for Scotland of his or her vocational training number, and the Health Board shall then, provided—

(a) the requirements of paragraphs(12) and (13) have been complied with;

(b) the Health Board has not sought further information, references or documentation under paragraph(4); and

decide the application within 7days of receiving the information required under paragraphs1(d) and 3 of Part1A of Schedule2.

(15) ... A dentist who wishes to have his or her name included in sub-part A of the first part of the dental list but who does not have a vocational training number shall apply to NHS Education for Scotland for a vocational training number, and the application for a vocational training number shall be dealt with in accordance with regulation 2 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004[^f00030] before the Health Board determines the application under regulation 7(3).

(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) A dentist or body corporate which has made an application for inclusion in a Health Board’s dental list shall notify the Health Board which is considering the application in writing if there is a change to any of the information which that dentist or body corporate has provided in terms of this regulation as soon as such change occurs.

(18) For the purposes of this regulation, “health care professional” means a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.

General provision relating to the dental list

6

(1) Where any corresponding decision is made in England, Wales or Northern Ireland by an equivalent body that—

(a) a person is to be included in an equivalent list subject to conditions;

(b) a person is to be removed from an equivalent list contingent on conditions;

(d) any conditions so imposed are varied,

a Health Board shall impose those conditions in relation to the provision by that person of general dental services in the Health Board’s area.

(2) The Health Board may make such modifications of the conditions referred to in paragraph(1) as it considers necessary for the conditions to have the like effect in relation to Scotland as they do in relation to England, Wales or Northern Ireland, but only if the Health Board has previously given the person concerned notice in writing of the proposed modifications and an opportunity to make representations about them.

(a) A dentist or body corporate may not provide general dental services in a Health Board’s area unless the name of that dentist or body corporate is included in the first part of that Health Board’s dental list;

(b) a dentist or body corporate may not provide general dental services in a Health Board area, (other than emergency dental services) unless the name of that dentist or body corporate is included in sub-partA of the first part of that Health Board’s dental list;

(c) subject to regulation 33(9) a dentist may not assist with the provision of general dental services in a Health Board’s area unless the name of that dentist is included in the first or second part of that Health Board’s dental list;

(d) sub-paragraph (c) does not apply to a dentist who is undertaking vocational training for the first three months of that training;

(e) a dentist or body corporate may not provide general dental services (except insofar as those services are limited to orthodontic treatment) where that dentist or body corporate has indicated in its application that it will only provide orthodontic treatment;

(f) a dentist may not provide general dental services (except insofar as those services are limited to enhanced skills in domiciliary care) where that dentist has indicated in their application that they will only provide enhanced skills in domiciliary care as a cross-border dentist.

(4) The dental list may, provided that the dentist consents to their inclusion, also give particulars of any languages, other than English, spoken by a dentist.

(a) A dentist or body corporate which is included in a Health Board’s dental list shall notify the Health Board in writing if there is a change to any of the information which that dentist or body corporate has provided in terms of regulation5 together with that changed information within 7days of the occurrence of the relevant change;

(b) if the change to the information is such that, had the information been part of an application it would have required any of the declarations, certificate or application, Level 2 disclosure, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings and consents required by regulation 5 to be supplied, then the dentist or the body corporate (as the case may be) must supply such declarations, certificate or application, Level 2 disclosure, Level 2 disclosure application and PVG Scheme Level 2 disclosure, undertakings and consents either at the same time as it supplies the information in terms of sub-paragraph (a) or by such date as the Health Board may determine;

(c) if the dentist or body corporate is included in the dental list of more than one Health Board, the dentist or body corporate shall send the notification and information referred to in sub-paragraph (a) to each Health Board on whose dental lists that dentist or body corporate is included, and—

(i) to the Health Board in whose area the dentist or body corporate derives most income from general dental services: the original declarations, certificate or application, Level 2 disclosure, PVG Scheme Level 2 disclosure and Level 2 disclosure application, undertakings and consents required in terms of sub-paragraph (b); and

(ii) a copy of such originals to each other Health Board on whose dental lists that dentist or body corporate is included.

(6) Subject to paragraph (8) the Health Board shall—

(a) send to the Scottish Ministers, the Agency, the SDPB and the area dental committee a copy of its dental list as soon as possible after its preparation;

(b) amend its dental list in respect of any change or addition notified to the Health Board in terms of paragraph(5) which affects the entries which that list is required to contain; and

(c) notify the Scottish Ministers, the Agency, the SDPB and the area dental committee of any alteration to its dental list within 7 days of the date on which the alteration is made.

(7) The Health Board shall send an updated copy of its dental list each year to the SDPB, the area dental committee and, subject to paragraph (8), to the Scottish Ministers and the Agency.

(8) Where the Health Board considers that only parts of, or only some of the alterations to, the dental list are likely to concern the Scottish Ministers and the Agency, it may instead of sending a copy of the whole list or notifying them of all the alterations, send them a copy only of those parts or notify them only of those alterations.

(9) The Health Board shall inspect at intervals not exceeding three years, all practice premises of every contractor who is included on the dental list for its area (where such premises are located within its area).

Grounds for refusal of application

7

(1) The grounds on which a Health Board must refuse to include a dentist or body corporate in its dental list are that—

(a) the applicant is not a dentist, or body corporate;

(b) if the applicant is a dentist, the applicant has been convicted in the British Islands of murder;

(d) the applicant is suspended from the dental list or equivalent list;

(e) the applicant has not updated the application in accordance with regulation8(4);

(f) the applicant has been refused entry to, or removed from, an equivalent list by an equivalent body on grounds corresponding (whether or not exactly) to a condition for disqualification and, at the time of the application, the decision of that equivalent body remains in force;

(g) if the applicant is a dentist, any order has been made or any direction given in terms of the Dentists Act 1984 that the applicant’s registration in the register of dentists should be erased, removed or suspended, and at the time of the application, such order or direction remains in force;

(h) if the applicant is a dentist who is also a medical practitioner, any order has been made or any direction given in terms of the Medical Act 1983[^f00031] that the applicant’s registration in the register of medical practitioners should be erased, removed or suspended, and at the time of the application, such order or direction remains in force;

(i) if the applicant is a body corporate—

(i) the registration of any director of that body corporate in the register of dentists or the dental care professionals register (as the case may be) has been erased, removed or suspended and, at the time of the application, the erasure, removal or suspension remains in force; or

(ii) financial penalties have been imposed on the body corporate or on a director of the body corporate under section43B of the Dentists Act 1984[^f00032];

(j) in the case of an application by a dentist for inclusion in sub-partA of the first part of the dental list, the dentist does not have a vocational training number;

(k) if the dentist has withdrawn his or her name from—

(i) a dental list prepared under regulation4 of the 1996 Regulations, or any equivalent list, in circumstances where the Secretary of State certified for the purposes of regulation10(4) of the National Health Service (Superannuation) (Scotland) Regulations 1980[^f00033], or as the case may be, regulation8(7) of the National Health Service (Superannuation) Regulations 1980[^f00034], that in the interests of the efficiency of general dental services the dentist should cease to provide such services;

(ii) a dental list prepared by any Health Board in terms of these Regulations, or under regulation4 of the 1996 Regulations, in circumstances where the Secretary of State or the Scottish Ministers certified for the purposes of regulationE3(1)(b) (in respect of the period before 1stDecember 2006) or regulationE3(2)(b)(ii) or E3A(2)(d)(ii) (in respect of the period from 1stDecember 2006) of the National Health Service (Superannuation) (Scotland) Regulations 1995[^f00035] that in the interests of the efficiency of general dental services the dentist should cease to provide such services; or

(iii) an equivalent list in circumstances where the Secretary of State has certified for the purposes of regulationE3(1)(b) (in respect of the period before 1stDecember 2006) or regulationE3(2)(b)(ii) or E3A(2)(d)(ii) (in respect of the period from 1stDecember 2006), of the National Health Service Pension Scheme Regulations 1995[^f00036], or the Department of Health, Social Services and Public Safety in Northern Ireland has certified for the purposes of regulation14(1)(b) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995[^f00037] that in the interests of efficiency of the service in which the dentist is employed the dentist’s employment is terminated;

(l) the Health Board is not satisfied that the applicant (if a dentist) has a knowledge of English which, in the interests of the applicant and of patients who may receive general dental services from the applicant, is necessary for providing, or assisting with the provision of, general dental services;

(m) the applicant is employed by, is in an associateship agreement with, or intends (in the opinion of the Health Board) to be employed by, or in an associateship agreement with, a dentist or a dental body corporate that is disqualified at the time;

(n) the applicant provides, or intends to provide services under a contract of service to a dentist or a dental body corporate that is disqualified at the time;

(o) the applicant is a partner, of or intends to be a partner of, a dentist or dental body corporate that is disqualified at the time;

(p) the Health Board is not satisfied, after an inspection of the premises from where the applicant intends to provide general dental services, that the premises comply with the provisions of paragraph 42 of Schedule 1 which relate to the standards of premises and equipment required for the provision by a contractor of general dental services ;

(q) if the applicant is a dentist, the applicant is not a scheme member;

(r) if the applicant is a dentist, the applicant is barred from regulated roles;

(s) subject to paragraph (1A), in the case of an application by a dentist who indicates that they will only provide enhanced skills in domiciliary care in the area and the dentist is not designated as a domiciliary care dentist in the area;

(t) the applicant is a dentist whose application includes a confirmation that they are applying to be listed provisionally, and

(i) except where the dentist is a person described in regulation 4B(2), the applicant was previously listed provisionally; and

(ii) the Health Board removed the dentist’s name from that dental list under regulation 4A(7) or (8);

(u) the applicant is a dentist whose application includes a confirmation that they are applying to be listed provisionally, and the application—

(i) includes a request for the dentist to be designated as a domiciliary care dentist; or

(ii) states that the applicant is intending to practise as a single-handed practitioner.

(1A) Where the applicant has made a request to be designated as a domiciliary care dentist in the area and that request is outstanding, the Health Board must not refuse an application on the ground specified in paragraph (1)(s).

(2) Paragraph (1) is without prejudice to any duty on a Health Board not to add the applicant to a dental list by virtue of regulation 26 (practitioners subject to inquiry) of the National Health Service (Tribunal) (Scotland) Regulations 2004[^f00038].

(3) When the Health Board has decided whether or not to include an applicant in its dental list, it shall, within 7 days, notify the applicant and any other Health Board which the applicant has specified in the application of that decision and if the Health Board has decided not to include the applicant, the grounds for the decision.

(4) When a Health Board has decided to include an applicant in a part or sub-part of its dental list and has notified another Health Board of that decision in accordance with paragraph(3), that other Health Board will not be required to comply with paragraphs(3) and (4) of regulation5, and may include the applicant in that part or sub-part its dental list without further enquiry.

Deferment of a decision on application

8

(1) Without prejudice to the Health Board’s power under section 29 of the Act (the NHS Tribunal) to make representations to the Tribunal that an applicant meets a condition for disqualification, a Health Board may defer a decision on any application to be included in its dental list, where—

(a) there are, in respect of the applicant, or if the applicant is a body corporate, any director of the applicant—

(i) criminal proceedings in the British Islands conviction in respect of which would be likely to lead to refusal to include the applicant or such director in, or the removal of the applicant or such director from, a dental list, or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant or such director meets a condition for disqualification, or

(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the British Islands, would constitute a criminal offence, the outcome of which would be likely to lead to refusal to include the applicant or such director in, or the removal of the applicant or such director from, a dental list, or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant or such director meets a condition for disqualification;

(b) in respect of a body corporate of which the applicant is, has in the preceding 6 months been, or was at the time of the originating events, a director, there are—

(i) criminal proceedings in the British Islands conviction in respect of which would be likely to lead to refusal to include the applicant in, or the removal of the applicant from, a dental list, or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets a condition for disqualification, or

(ii) proceedings elsewhere in the world relating to conduct which, if it had occurred in the British Islands, would constitute a criminal offence, the outcome of which would be likely to lead to refusal to include the applicant in, or the removal of the applicant from, a dental list, or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets a condition for disqualification;

(c) the applicant or a body corporate of which the applicant is, or has in the preceding 6 months been, or was at the time of the originating events, a director, is the subject of an investigation or proceedings relating to the professional conduct of the applicant or the body corporate by any licensing or regulatory body (including one by the Agency or another Health Board or equivalent body) in the United Kingdom or elsewhere in the world, the outcome of which would be likely to lead to refusal to include in, or removal from, a dental list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets a condition for disqualification;

(d) the applicant is a body corporate, any director of the applicant is the subject of an investigation or proceedings relating to the professional conduct of the applicant or such director by any licensing or regulatory body (including one by the Agency or another Health Board or equivalent body) in the United Kingdom or elsewhere in the world, the outcome of which would be likely to lead to refusal to include in, or removal from, a dental list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant or such director meets a condition for disqualification;

(e) a body corporate of which the applicant is, has in the preceding 6 months been, or was at the time of the originating events, a director, or where the applicant is a body corporate, any director of the body corporate, is suspended from any list by direction of the Tribunal or is suspended from an equivalent list;

(f) the applicant, or where the applicant is a body corporate any director of the applicant, is being investigated by the Agency or other body in relation to any fraud, where the result, if adverse, would be likely to lead to the removal of the applicant or such director from the Health Board’s dental list if the applicant or such director were to be included in it;

(g) a body corporate, of which the applicant is, has in the preceding 6 months been, or was at the time of the originating events a director, is being investigated by the Agency or other body in relation to any fraud, where the result, if adverse, would be likely to lead to the applicant’s removal from the Health Board’s dental list if the applicant were to be included in it;

(h) the Tribunal is considering an application from a Health Board for disqualification of the applicant or where the applicant is a body corporate any director of the applicant, or of a body corporate of which the applicant is, has in the preceding 6 months been, or was at the time of the originating events, a director;

(i) the applicant or any director of the applicant is suspended from a list by a Health Board, or from an equivalent list by an equivalent body; ...

(j) after an inspection of the premises under regulation 5(6) or (7) the Health Board provided the applicant with a reasonable period of time to carry out such work as the Health Board specified in order to ensure that the premises met the required standard to comply with the provisions of paragraph 42 of Schedule 1 which relate to the standards of premises and equipment required for the provision by a contractor of general dental services ; or

(k) the applicant is being considered for listing and the Health Board is satisfied that it is necessary for protection of members of the public that the application is deferred.

(2) A Health Board may only defer a decision under paragraph (1) until the outcome of the relevant event mentioned in any of sub-paragraphs (a) to (k) of that paragraph is known.

(2A) A Health Board may defer a decision on any application to be included in its dental list as a cross-border dentist until the Health Board has reached a decision in accordance with the designation procedure.

(3) The Health Board must notify the applicant that it has deferred a decision on the application and the grounds for the deferral.

(4) Once the outcome of the relevant event mentioned in paragraph (1) is known, the Health Board shall notify the applicant in writing that the applicant must within 28 days of the date of the notification (or such longer period as the Health Board may agree)—

(a) update the applicant’s application; and

(b) confirm in writing that the applicant wishes to proceed with the application,

and the provisions of regulations, 5, 6 and 7 shall apply to the application.

(5) Provided any additional information required by paragraph (4) has been received within the period specified in paragraph (4) or any longer period agreed, the Health Board shall notify the applicant as soon as possible—

(a) that the application has been successful; or

(b) that the Health Board has decided to refuse the application and the grounds for that decision.

(5A) Where the Health Board has deferred an application on the ground mentioned in paragraph (2A), as soon as possible after the Health Board has made its decision in accordance with the designation procedure, the Health Board must—

(a) make its decision on the deferred application; and

(b) notify the dentist of its decision and the grounds for it.

(6) In this regulation, “the outcome of the relevant event” means the final determination of any proceedings (including proceedings pending the determination of which the applicant is suspended) or investigation referred to in paragraph (a) to (j).

Local directory of dentists

9

(1) A Health Board may prepare and thereafter maintain a local directory of dentists which may contain, in respect of each dentist whose name is included in its dental list—

(a) any information included in the dental list in respect of the dentist; and

(b) any other information related to the provision or assistance with provision of general dental services which the Health Board has agreed with the area dental committee to be appropriate.

(2) Where a Health Board has agreed with the area dental committee that certain information should be included in the local directory of dentists, it may request in writing any dentist whose name is included in its dental list to provide the Health Board with such information as it relates to that dentist, and the dentist shall provide that information within 28 days of the date of the Health Board’s request.

Requirements with which a dentist or body corporate included in a dental list must comply

10

(1) A dentist or body corporate included in a Health Board’s dental list shall—

(a) exercise a reasonable standard of professional and clinical judgement, behaviour, skill, knowledge and care towards patients who receive general dental services from that dentist or body corporate;

(b) comply with the terms of service appropriate to the part or sub-part of the dental list on which the name of the dentist or body corporate appears , or in the case of a dentist who is listed provisionally, comply with the terms of service that apply to such a dentist;

(c) comply with the undertakings specified in Schedule 2 appropriate to the part or sub-part of the dental list on which the name of the dentist or body corporate appears whether or not those undertakings were included in an application by the dentist or body corporate under regulation 5; and

(d) comply with any other requirement of these Regulations.

Suspension

11

(1) If a Health Board is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, it may suspend a dentist or body corporate from its dental list in accordance with this regulation—

(a) while it considers whether to remove that person from its dental list under regulation12;

(b) while it waits for a decision affecting that person of a court anywhere in the world, or of a licensing or regulatory body;

(d) while it awaits a finding by the Tribunal or other equivalent body;

(e) where it has decided to remove that person from its dental list but before that decision takes effect ;

(f) while that person is being considered for listing.

(2) In paragraph 1(b) “decision” means the final determination of the relevant proceedings, after any appeal or other review procedure has been exhausted.

(3) In a case falling within paragraph(1)(a) or (c), the Health Board must specify a period, not exceeding sixmonths, as the period of suspension.

(4) In a case falling within paragraph(1)(b), the Health Board may specify that the dentist or body corporate (as the case may be) remains suspended after the decision referred to in that paragraph has been made for an additional period, not exceeding sixmonths.

(5) In a case falling within paragraph (1)(b), (d) or (f), the term of suspension may exceed sixmonths.

(6) If the Health Board suspends a dentist or body corporate in a case falling within paragraph(1)(e) the suspension has effect from the date the Board informed that person of the suspension.

(7) The Health Board may extend the period of suspension under paragraph(3) or impose a further period of suspension under paragraph(4), so long as the aggregate period of suspension does not exceed 6months.

(8) The effect of a suspension is that, while a dentist or body corporate is suspended under these Regulations, that person is to be treated as not being included in the dental list even though that person’s name appears in it.

(9) The Health Board may at any time revoke the suspension and notify the dentist or body corporate (as the case may be) of its decision.

(10) Where a Health Board is considering suspending a dentist or body corporate or varying the period of suspension under this regulation, it shall give the dentist or body corporate (as the case may be)—

(a) notice of any allegation against that person;

(b) notice of what action it is considering and on what grounds; and

(c) the opportunity to put that person’s case at an oral hearing before the Health Board, on a specified day, provided that at least 24hours’ notice of the hearing is given.

(11) If the dentist or body corporate (as the case may be) does not wish to have an oral hearing or does not attend the oral hearing, the Health Board may suspend that person with immediate effect.

(12) If an oral hearing does take place, the Health Board shall take into account any representations made at the hearing before it reaches its decision.

(13) The Health Board may suspend the dentist or body corporate (as the case may be) with immediate effect following the hearing.

(14) The Health Board shall notify the dentist or body corporate (as the case may be) of its decision and the reasons for it (including any facts relied upon) within 7days of making that decision.

(15) During a period of suspension, payments shall be made to or in respect of the dentist or body corporate (as the case may be) in accordance with regulation26.

Removal from dental list

12

(1) Subject to paragraph (2) where a Health Board has determined that a dentist whose name has been included in its dental list has died, the Health Board shall remove the dentist’s name from the dental list with effect from the date of its determination.

(2) Subject to paragraph (2A), where a dentist has died and—

(a) for so long as the dentist’s practice is carried on by the dentist’s personal representatives, surviving spouse, surviving civil partner, or any of the children of the deceased dentist, or trustees on behalf of the personal representatives, surviving spouse, surviving civil partner or any of the children of the deceased dentist, (“the dentist’s personal representatives”) in accordance with the provisions of the Dentists Act 1984[^f00039], and

(b) the dentist’s personal representatives have appointed for that purpose a dentist or body corporate whose name is included in sub-partA of the first part of the dental list of the Health Board,

the Health Board shall not remove the dentist’s name from the dental list.

(2A) Paragraph (2) does not apply where the dentist is listed provisionally.

(3) Where a Health Board has determined that a dentist or body corporate whose name has been included in its dental list—

(a) has ceased to be a dentist or body corporate entitled by virtue of section43 of the Dentists Act 1984 to carry on the business of dentistry;

(b) in the case of a dentist, has been convicted in the British Islands of murder;

(d) has been refused entry to, or removed from, an equivalent list by an equivalent body on grounds corresponding (whether or not exactly) to a condition for disqualification (and that refusal or removal is still in force);

(e) in the case of a dentist, any order has been made or any direction given in terms of the Dentists Act 1984 that the dentist’s registration in the register of dentists should be erased, removed or suspended and that erasure, removal or suspension is still in force (except where such order is an interim order or a direction is solely on the ground contained in section 27(2)(c)[^f00040] of the Dentists Act 1984);

(f) in the case of a dentist who is also a medical practitioner any order has been made or any direction given in terms of the Medical Act 1983[^f00041] that person’s registration in the register of medical practitioners should be erased, removed or suspended and that erasure, removal or suspension is still in force (except where such order is an interim order or a direction which relates to a health case (as health case is defined in section 35E of the Medical Act 1983));

(g) in the case of a body corporate—

(i) the registration of any director of that body corporate in the register of dentists or the dental care professionals register (as the case may be) has been erased, removed or suspended and that erasure, removal or suspension is still in force (except where such an order is an interim order or a direction is solely on the ground contained in section 27(2)(c) of the Dentists Act 1984); or

(ii) financial penalties have been imposed on the body corporate or on a director of the body corporate under section43B of the Dentists Act 1984[^f00042];

(h) in the case of a dentist, is barred from regulated roles;

(i) in the case of a dentist, is no longer a scheme member,

it shall remove the name of that dentist or body corporate from the dental list with effect from the date of its determination or, in the case of (c) above, the date on which the disqualification takes effect if that date is later than the date of the Health Board’s determination, and shall notify that dentist or body corporate as soon as practicable of the removal and the grounds for that removal.

(3A) A Health Board must remove the name of a dentist from the dental list and notify the dentist as soon as practicable of the removal and its reasons for doing so, if—

(a) the dentist is listed by the Health Board as a cross-border dentist; and

(b) the designation of that dentist as a domiciliary care dentist is removed in accordance with regulation 12A.

(3B) A Health Board must remove the name of a dentist from the dental list and notify the dentist that it has done so if—

(a) the dentist is listed by the Health Board as a cross-border dentist;

(b) the dentist has requested to have their designation removed in accordance with paragraph 54 of schedule 1; and

(4) Subject to paragraph (5), where a Health Board has determined that—

(a) a dentist or body corporate whose name has been included for the preceding 6 months in the first part of its dental list, has not provided general dental services during that period;

(b) a dentist whose name has been included for the preceding 12 months in the second part of its dental list, has not assisted with the provision of general dental services during that period;

(d) the dentist or body corporate provides services under a contract of service to a dentist or a dental body corporate that is disqualified at the time;

(e) the dentist or body corporate is a partner of a dentist or a dental body corporate that is disqualified at the time;

(f) a dentist who is deemed to be included in a Health Board’s dental list by virtue of regulation 33(3)(a) or (b) has failed to provide to the Health Board all of the information, declarations, certificates, undertakings or consents required under, and within such timescales as is prescribed in, regulation 33(6); or

(g) a dentist or dental body corporate is in an associateship agreement with a dentist or dental body corporate that is disqualified at the time;

the Health Board shall remove the name of the dentist or body corporate from its dental list.

(5) Before making any determination under paragraph (4) the Health Board shall—

(a) give the dentist or body corporate 28 days’ notice of its intention to do so;

(b) afford the dentist or body corporate an opportunity of making representations to the Health Board in writing or in person; and

(c) in the case of a determination under paragraph 4(a) and (b) only, where the name of the dentist or body corporate is included in sub-part A of the first part of the dental list or where the name of the dentist is included in the second part of the dental list, consult the area dental committee.

(6) In calculating the period of 6 months or 12 months referred to in paragraph (4) there shall be disregarded any period during which—

(a) the dentist was performing relevant service;

(b) the dentist was on statutory maternity, paternity or adoption leave;

(ba) the dentist was on statutory shared parental leave;

(c) the dentist was unable to provide general dental services or assist with the provision of such services because of sickness;

(d) the dentist or body corporate was suspended by direction of the Tribunal or was suspended by the Health Board, or

(e) the dentist or body corporate was performing personal dental services in connection with a pilot scheme.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Nothing in this regulation shall prejudice any right of a dentist or body corporate to have the dentist’s or body corporate’s name included again in a dental list.

(9) In this regulation “interim order” as referred to in paragraph (3)(e) and 3(g)(i) and in paragraph (3)(f) has the same meaning as in the Dentists Act 1984 and in the Medical Act 1983 respectively.

Re-inclusion in dental list

13

(1) Where a dentist or body corporate has been removed from a Health Board’s dental list under regulation12, and the occurrence that led to that removal is overturned either on appeal, or for any other reason, the Health Board may include that person in its dental list without an application being made in accordance with regulation 5 if the Health Board is satisfied that there is no further information which it should consider, and provided that the Health Board receives undertakings from that person to comply with these Regulations.

(2) Where the Health Board considers that further information is required, a dentist or body corporate wishing to be re-included in the dental list will be required to provide that further information and undertakings or, at the option of the Health Board, complete a full application in accordance with regulation 5.

Disclosure of information

14

(1) Where a Health Board decides to—

(a) refuse to admit a dentist or body corporate to its dental list on the grounds specified in regulation7;

(b) suspend a dentist or body corporate from its dental list, or end a suspension under regulation11; ...

(d) remove the designation of a dentist as a domiciliary care dentist on the grounds specified in regulation 12A,

the Health Board shall notify the bodies specified in paragraph (2), and shall additionally notify those specified in paragraph (3), if requested to do so by those persons or bodies in writing, of the matters set out in paragraph (4).

(1A) Where a Health Board removes a dentist’s name from the dental list under regulation 4A(7), (8) or (9), the Health Board must notify the bodies specified in paragraph (2), and shall additionally notify those specified in paragraph (3), if requested to do so by those persons or bodies in writing, of the matters set out in paragraph (4)(a), (b) and (d).

(2) A Health Board shall, within 7 days, notify a decision under paragraph (1) or the removal referred to in paragraph (1A) to—

(a) the Scottish Ministers;

(b) the Agency;

(i) has that dentist or body corporate on any list or equivalent list;

(ii) is considering an application by that dentist or body corporate for inclusion in any list or equivalent list; or

(iii) is investigating an allegation against that dentist or body corporate;

(d) the Secretary of State;

(e) the National Assembly for Wales;

(f) the Northern Ireland Executive;

(g) the General Dental Council or any other appropriate licensing or regulatory body;

(h) NHS Education for Scotland.

(3) The persons or bodies to be additionally notified in accordance with paragraph (1) are—

(a) persons or bodies which can establish that they are employing that dentist, or using the services of that dentist or body corporate to provide or assist with the provision of general dental services;

(b) a body corporate which provides general dental services and which can establish that the dentist or body corporate is one of the body of persons which governs or controls the body corporate.

(4) The matters referred to in paragraph (1) are—

(a) the name of the dentist or body corporate;

(b) the professional registration number of the dentist;

(d) a contact name of a person in the Health Board for further enquiries.

(5) The Health Board shall send the dentist or body corporate a copy of any information provided to the persons or bodies listed in paragraphs (2) or (3), and any correspondence with such persons or bodies.

(6) Where the Health Board has notified any of the persons or bodies specified in paragraphs (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person or body, notify that person or body of any information that was considered by the Health Board, including any representations from the dentist or body corporate (as the case may be).

(7) A Health Board may disclose information about a dentist or body corporate supplied to it or acquired by the Health Board pursuant to these Regulations, or about references by the Health Board to the Tribunal, to any of the following:—

(a) the Scottish Ministers;

(b) the Agency;

(i) has the person to whom the information relates on any list or equivalent list;

(ii) is considering an application from such a person for inclusion in any list or equivalent list; or

(iii) is investigating an allegation against that person;

(d) the Secretary of State;

(e) the National Assembly for Wales;

(f) the Northern Ireland Executive;

(g) the General Dental Council or any other licensing or regulatory body;

(h) persons or bodies which can establish that they are employing that person or using the services of that person for the provision, or assistance with the provision, of general dental services;

(i) a body corporate which provides general dental services, and can establish that the person is one of the body of persons which governs or controls the body corporate;

(j) NHS Education for Scotland.

Withdrawal from dental list

15

(1) Subject to paragraphs (1A) and (2), a dentist or body corporate may at any time give notice in writing to the Health Board of the intention to withdraw from the dental list and the name of the dentist or body corporate shall be removed from the Health Board’s list after the expiry of 3 months from the date of the notice, or such shorter period as the Health Board may agree.

(1A) A domiciliary care dentist must not be removed from the dental list until the expiry of 6 months from the date of the notice given under paragraph (1), or such shorter period as the Health Board may agree.

(2) Subject to regulation 4A(9), where, in relation to any dentist or body corporate, representations are made to the Tribunal under section 29 of the Act (the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification) the dentist or body corporate shall not, except with the consent of the Scottish Ministers and subject to such conditions, if any, as the Scottish Ministers impose, be removed from the dental list until the proceedings on such representations, request for review or review have been determined.

Information about assistants

16

A Health Board shall send to the SDPB any information it receives under paragraph44 of Schedule1 (deputies and assistants) within 7 days of the date of its receipt of the information.

Information about associateship agreements

17

(1) Where an associateship agreement is made, notice in writing of the names of the parties to the agreement and the date of the agreement shall be sent to the Health Board within 7 days of that date.

(2) Notice in writing of any change in the parties to, or the termination of, any associateship agreement shall be sent to the Health Board within 7 days of such change or termination.

(3) The notices referred to in paragraphs(1) and (2) shall be sent by the person, or one of the persons, liable by virtue of the associateship agreement to provide the use of practice premises and facilities.

(4) A Health Board shall, within 7 days of the date of receipt of the notice, supply the SDPB with information it receives under paragraphs (1) and (2).

Transfer of continuing care and capitation arrangements

18

(1) Subject to paragraphs (2) and (3) where the name of a dentist or body corporate who is providing care and treatment for patients under ... capitation arrangements ceases to be included in sub-part A of the first part of the dental list, or such a dentist or body corporate is suspended by direction of the Tribunal or suspended by the Health Board, the Health Board may, after consultation with the area dental committee and with the agreement of the patients concerned, make arrangements with one or more dentists or bodies corporate whose names are included in sub-part A of the first part of the dental list for the ... capitation arrangements to be transferred to that or those dentists or bodies corporate.

(2) Where the name of a dentist who has died remains on sub-part A of the first part of its dental list under regulation 12(2), the Health Board shall, subject to the agreement of the patients concerned, make arrangements with the dentist or body corporate appointed by the dentist’s personal representatives for the care and treatment under any ... capitation arrangements entered into by the deceased dentist to be provided by that dentist or body corporate.

(3) Where a suspension by direction of the Tribunal or suspension by the Health Board ceases to have effect and the suspended dentist or body corporate continues to be included in sub-part A of the first part of its dental list, the Health Board shall make arrangements for any ... capitation arrangements transferred under paragraph (1) to be transferred back to the original dentist or body corporate, subject to the agreement of the patients concerned.

Emergency dental services

19

(1) A Health Board may make arrangements with any dentist or body corporate whose name is included in any part of its dental list for the provision of emergency dental services in urgent cases at a hospital or premises of the Health Board or any other premises approved by the Health Board when contractors in the Health Board’s area are not normally available to provide general dental services.

(2) For the purpose of section 25(3)(b) of the Act a Health Board may pay to a dentist remuneration which consists wholly or mainly of a sessional fee where the dentist provides emergency dental services.

(3) In this regulation an “urgent case” means any circumstances in which, in the opinion of a dentist, a patient needs immediate treatment for an acute condition.

Arrangements for emergency cover

20

It shall be the responsibility of a Health Board to make any arrangements that may be necessary to enable a salaried dentist whose name is included in sub-part A of the first part of its dental list to comply with the dentist’s obligations under paragraph 6 of Schedule 1.

Health Board patient information leaflets

21

A Health Board shall compile and make available a patient information leaflet which shall include the information specified in Schedule 6 and details of the provision of general dental services by salaried dentists in the Health Board’s area.

PART III — REMUNERATION

Statement of Dental Remuneration

22

(1) The Scottish Ministers shall, after consultation with such organisations as appear to them to be representative of persons providing general dental services, make provision for each of the matters set out in Column 2 of the following Table in a determination and each determination shall bear the number in Column 1 of the said Table which corresponds with the subject matter of the determination:—

Column 1	Column 2
Determination	Subject Matter of Determination
I	A Scale of Fees which shall prescribe the remuneration to be paid to a contractor, other than a salaried dentist, for care and treatment under ... a capitation arrangement, treatment on referral and ... the conditions of payment of remuneration.

II	Rates of remuneration for a salaried dentist and for the provision of emergency dental services.

III	Seniority payments

IV	Vocational training allowances.

V	Maternity, paternity and adoptive leave payments.

VI	Long term sickness payments.

VII	Continuing professional development allowances

VIII	Reimbursement of non-domestic rates

IX	Commitment payments

X	Allowances and grants for practice improvements

XI	Quality improvement allowances

XII	Remote area allowances

XIII	Recruitment and retention allowances

XIV	Practice allowances

XV	Reimbursement of practice expenses
XVI	Enhanced skill allowances

(2) The Scottish Ministers shall publish the determinations in a statement called the Statement of Dental Remuneration.

(3) The Scottish Ministers may from time to time after consultation with organisations as appear to them to be representative of persons providing general dental services, amend a Determination or any part thereof and shall publish any such amendment.

(4) A Determination or an amendment to a Determination shall be in respect of a period beginning on or after a date specified in that Determination or amendment, which may be the date of that Determination or amendment or an earlier or later date, but may be an earlier date only if, taking the Determination as a whole, it is not detrimental to persons to whose remuneration it relates.

Approval of payments

23

(1) The SDPB shall, where it is satisfied that—

(a) a patient has been accepted by a contractor, other than a salaried dentist, under ... a capitation arrangement or for treatment on referral, authorise the payments which, in accordance with the Scale of Fees, fall to be made by the Agency to the contractor in respect of such an arrangement or referral; or

(b) ... a capitation arrangement has terminated, or treatment on referral has terminated or has been completed, authorise the Agency to cease such payments to the contractor.

(2) The SDPB shall, where it approves a claim for remuneration made by a contractor, other than a salaried dentist, in respect of—

(a) care and treatment under ... a capitation arrangement; or

(b) treatment on referral; ...

authorise in accordance with the Scale of Fees, the remuneration to be paid by the Agency to the contractor in respect of such care and treatment or treatment on referral.

(3) In any case falling within paragraph 15 of Schedule 1 (inability to complete treatment), the SDPB shall authorise the remuneration to be paid by the Agency to a contractor, other than a salaried dentist, in respect of the care and treatment ... provided in accordance with the Scale of Fees, and without prejudice to the provisions of the National Health Service (Dental Charges) (Scotland) Regulations 2003[^f00043].

(4) The Agency shall pay to a contractor, other than a salaried dentist, the remuneration—

(a) authorised by the SDPB under paragraphs (1)(a), (2) and (3); and

(i) in the case of a dentist (who is a contractor) in accordance with Determinations III, V, VI, VII, VIII, IX, Parts II and III of X, XI, XII, XIII, XIV , XV and XVI of the Statement of Dental Remuneration; or,

(ii) in the case of a dental body corporate in accordance with Determinations VIII, IX Parts II and III of X, XI, XIV and XV of the Statement of Dental Remuneration.

(5) A Health Board shall pay to a person providing emergency dental services remuneration in accordance with Determination II of the Statement of Dental Remuneration.

(6) The SDPB may at its discretion ..., authorise payments on account pending completion of any care and treatment.

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