Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

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

PDF Download

articles Not indexed

Reform history JSON API

(6) A dental officer or a person authorised by the Health Board shall not require to give notice of an inspection under sub-paragraph (5).

Remuneration

43

The provisions of paragraph 20 shall not have effect in relation to any claim made by a contractor in respect of loss of remuneration resulting from the failure of a patient to keep an appointment for general dental services.

Deputies and assistants

44

(1) Subject to the provisions of this paragraph, a contractor may arrange for care and treatment to be provided by a deputy or assistant.

(1A) A contractor who is a domiciliary care dentist may not arrange for the care and treatment of care home residents to be provided on their behalf by a deputy or assistant other than in accordance with paragraph 51.

(1B) A contractor who is listed provisionally may not arrange for care and treatment to be provided by an assistant.

(2) In the case of two or more dentists practising in partnership or as a contractor and assistant, care and treatment may at any time be given by a partner or an assistant of the dentist who is responsible for the patient’s treatment, if reasonable steps are taken to secure continuity of care and treatment.

(3) A contractor shall—

(a) prior to employing any assistant, see evidence that that assistant is included on the second part of the dental list of the appropriate Health Board;

(b) notify the Health Board of the employment of an assistant within 7 days of the first day of such employment;

(d) on ceasing to employ an assistant, notify the Health Board within 7 days of the cessation of that employment.

(4) A contractor who is a dentist shall not employ as an assistant any dentist whose name is included in sub-part A of the dental list and who has the same address as any of the contractor’s own practice premises.

(5) Where a contractor employs as an assistant a dentist who to the contractor’s knowledge is subject to a requirement mentioned in paragraph 28(8) or (9) to submit estimates to the SDPB for prior approval in respect of treatment, the contractor shall not allow the dentist to carry out the treatment unless the prior approval of the SDPB has first been obtained.

(6) If a contractor who is a dentist intends to be absent from the practice premises for more than 28consecutive days the contractor shall notify the Health Board of—

(a) the intended absence; and

(b) the name and address, if different to the practice premises, of the deputy or assistant (if any) responsible for providing or assisting with the provision of general dental services during the contractor’s absence.

(7) A contractor who is a dentist who intends to be or is absent from his practice premises for more than twomonths—

(a) shall notify the Health Board in writing; and

(b) shall not employ an assistant for any period of absence in excess of twomonths without the consent of the Health Board.

(8) Where a dentist whose name is included on the dental list and is employed, engaged or under any other contractual or legal arrangement or relationship with a body corporate, intends to be, or is, absent from the contractor’s practice premises for more than two months, the body corporate shall—

(a) notify the Health Board in writing;

(b) not employ a dentist whose name appears on the second part of the dental list for any period of absence in excess of two months without the consent of the Health Board.

(9) A contractor shall not employ as a deputy or assistant for the purpose of the provision or assistance with this provision of general dental services any dentist who is disqualified, refused entry to a dental list or removed from any dental list or equivalent list, for as long as that remains the case.

(10) A contractor shall not employ as a deputy or assistant for the purpose of the provision or assistance with the provision of general dental services any dentist who is suspended by direction of the Tribunal, a Health Board or equivalent body, for as long as that remains the case.

(11) A deputy may provide general dental services at places or at times other than those arranged by the contractor for whom he is acting, due regard being had to the convenience of patients.

(12) A deputy or assistant who issues a prescription form for listed drugs under paragraph25 shall, in addition to signing his or her own name on such prescription form, insert on the form the name of the contractor for whom he or she is acting.

(13) Where any care and treatment is given to a patient by an assistant, the assistant shall complete a claim for remuneration in respect of that care and treatment which—

(a) is separate from any claim form in respect of care and treatment given personally by a contractor who is a dentist; and

(b) identifies the assistant by whom the care and treatment was given and his status as an assistant.

PART VI — ADDITIONAL TERMS OF SERVICE FOR SALARIED DENTISTS

Attendance

45

(1) A salaried dentist shall attend at such premises on such days and at such hours as may be agreed with the Health Board.

(2) Except where paragraph 17 applies a salaried dentist shall not, without the permission of the Health Board, provide at such premises any care and treatment which is not part of general dental services.

Records

46

(1) The records, radiographs, photographs and study models referred to in paragraph27(1) shall be the property of the Health Board.

(2) The salaried dentist shall supply to the SDPB or the dental officer such information with regard to the care and treatment of patients as they may request within 7 days of the date of the request.

Drugs

47

Any drugs supplied under paragraph 24 shall be obtained by the salaried dentist in such manner as the Health Board may require.

Provision of Health Board patient information leaflets

48

A salaried dentist shall make available to any person who may reasonably require one the Health Board patient information leaflet compiled and provided to that dentist by the Health Board pursuant to regulation21.

Termination of services

49

(1) Subject to sub-paragraph (2), any arrangement between the Health Board and a salaried dentist for the provision of general dental services may be terminated by either party giving to the other not less than three months’ notice in writing.

(2) If a salaried dentist fails to comply with any of the terms of service that apply to a salaried dentist the Health Board may terminate the agreement by giving him not less than one month’s notice in writing.

(3) The Health Board may at any time suspend a salaried dentist from the discharge of his or her duties but such suspension shall not affect the right of the salaried dentist to receive remuneration during the period of suspension.

SCHEDULE 2

PART IA — Information, declarations, certificate, applications, Level 2 disclosures, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents, to be included in an application for inclusion in sub-part A of the first part of the dental list

1

An application shall contain the following information:—

(i) in the case of a dentist, the applicant’s full name, sex, date of birth, private address, telephone number and e-mail address and National Insurance number, if the applicant has one;

(ii) in the case of a body corporate, the body corporate’s name, registered office and registered number, telephone number, e-mail address and a list of the full names, dates of birth, private addresses and (if they have one) the national insurance numbers, of all the directors and the secretary;

(b) in the case of a dentist the date of first registration and any subsequent registration as a dental practitioner in the register of dentists and registration number, dental qualifications registerable under the Dentists Act 1984[^f00058] and when obtained;

(d) the applicant’s vocational training number if the applicant has one;

(da) where the application includes a request to be designated as a domiciliary care dentist, whether the applicant has a Certificate of Completion of Enhanced Skills Training (Domiciliary Care);

(e) address of proposed practice premises and, in the case of any mobile surgery, the address to which correspondence may be sent;

(ea) where the dentist is applying to be a cross-border dentist, the address to which correspondence may be sent;

(f) whether there is access to the proposed dental surgery without use of stairs;

(g) whether the proposed dental surgery has wheelchair access;

(h) proposed days and hours of attendance and whether patients will be seen by appointment only and, in the case of any mobile surgery, particulars of places to be regularly visited and the times of those visits;

(i) whether the applicant is intending to practise—

(i) as a single-handed practitioner;

(ii) as a partner, and if so the name and address of each intended partner and whether or not such partner’s name is included in the first part of the Health Board’s dental list;

(iii) as an associate, and if so the name and address of each intended associate and whether or not the associate’s name is included in the first part of the Health Board’s dental list;

(iv) as a body corporate;

(v) as an employee of, or under any other contractual or legal arrangement or relationship with, a body corporate and if so, full details of the name, telephone number, and e-mail address, of the body corporate and its registered office and registered number, and the names of all the directors and secretary or members as the case may be;

(j) the names of any assistants the applicant or any person referred to in paragraphs(i)(ii), (iii) or (iv) of sub-paragraph (i) intends to employ or already employs at the proposed practice premises;

(k) (except where the applicant is a body corporate) chronological details of the applicant’s professional experience (including the starting and finishing dates of each appointment together with an explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;

(l) whether the general dental services to be provided are restricted to orthodontic treatment;

(la) whether the general dental services to be provided are to be restricted to enhanced skills in domiciliary care;

(m) details of any list or equivalent list from which the applicant has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or conditionally granted together with reasons for such disqualification, conditional disqualification, removal, suspension, refusal, or conditional admission;

(n) (except where the applicant is a body corporate) name and addresses of tworeferees who are willing to provide clinical references relating to tworecent posts as a dentist each of which lasted at least 3months without a significant break and which may include a current post, or, where this is not possible a full explanation, and name and address of an alternative referee or referees;

(o) (except where the applicant is a body corporate) if the applicant is a national of an EEA state, evidence that the applicant 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 general dental services;

(p) if the applicant is the director of a corporate body, the name and registered office of that body;

(q) (except where the applicant is a body corporate) whether any limitations have been imposed by any government organisation which restrict the applicant’s ability to work in any specified capacity in Scotland and, if so, the details of these;

(r) whether the applicant is indemnified against claims relating to the practise of dentistry in relation to dentistry performed by that dentist, and by any assistant, deputy and dental care professional whose work the dentist intends to direct or, in the case of a body corporate, any dentistry performed by an employee of, or a person under any other contractual or legal arrangement or relationship with, that body corporate and if the applicant is so indemnified, documentary evidence to that effect;

(s) if the applicant is, or has been where the outcome was adverse, the subject of any investigation by the Agency or any other body in relation to fraud;

(t) whether the applicant has—

(i) had sequestration of the applicant’s estate awarded, or been adjudged bankrupt;

(ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986[^f00059];

(iii) made a composition or arrangement with, or granted a trust deed for, the applicant’s creditors;

(u) where the applicant is a body corporate, whether—

(i) an administrator, administrative receiver or receiver has been appointed in respect of it;

(ii) an administration order has been made in respect of it under Schedule B1 to the Insolvency Act 1986; or

(iii) it has been wound up under Part IV of the Insolvency Act 1986; ...

(v) whether the applicant is subject to a disqualification order under the Company Directors Disqualification Act 1986[^f00060], the Companies (Northern Ireland) Order 1986[^f00061] or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);

(w) where the applicant has satisfactorily completed Part 1 training, Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(1) or Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(3), a certificate, issued no more than 12 months before the application is made, confirming this;

(x) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

An application shall contain the following declarations as to whether or not the applicant, and where the applicant is a body corporate any director of the applicant—

(a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph(a);

(c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(d) has accepted and agreed to pay a fixed penalty under section302 of the Criminal Procedure (Scotland) Act 1995[^f00062] or a penalty under section115A of the Social Security Administration Act 1992[^f00063];

(e) has accepted a compensation offer under section302A of the Criminal Procedure (Scotland) Act 1995[^f00064];

(f) has accepted a combined fixed penalty and compensation offer under section302B of the Criminal Procedure (Scotland) Act 1995[^f00065];

(g) has accepted a work order under section303ZA of the Criminal Procedure (Scotland) Act 1995[^f00066];

(h) has accepted a police caution in the British Islands;

(i) has been bound over following a criminal conviction in the British Islands;

(j) has been subject to any investigation into the applicant’s or such director’s professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

(k) is currently subject to any investigation into the applicant’s or such director’s professional conduct by any licensing, regulatory or other body anywhere in the world;

(l) is the subject of any investigation, proceedings or referral by another Health Board or equivalent body or the Tribunal which might result in the applicant, or where the applicant is a body corporate, any director of the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(m) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant’s or such director’s professional conduct in respect of any previous or current employment;

(n) is, or has in the preceding 6months been, or was at the time of the events that gave rise to conviction, proceedings, investigation or referral, a director of a body corporate, or a member of a partnership (including a limited liability partnership) which—

(i) has been convicted of a criminal offence in the British Islands;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

(v) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency or any other body in relation to fraud;

(o) has had sequestration of the applicant’s or such director’s estate awarded or been adjudged bankrupt;

(p) has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(q) has made a composition or arrangement with, or granted a trust deed for, the applicant’s or such director’s creditors;

(r) if a body corporate—

(i) has had an administrator, administrative receiver or receiver appointed in respect of it;

(ii) has had an administrative order made in respect of it under Schedule B1 to the Insolvency Act 1986; or

(iii) has been wound up under Part IV of the Insolvency Act 1986;

(s) is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

3

An applicant must include either—

(a) where the applicant is a dentist—

(i) a Level 2 disclosure application for a PVG Scheme Level 2 disclosure required under regulation 5(3)(f); and

(ii) where required by the Health Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds; or

(b) where the applicant is a body corporate, a Level 2 disclosure in relation to each director, dated not earlier than 28 days before the date of the application, or a Level 2 disclosure application completed and signed by each director who is not already on the Health Board’s dental list.

4

An application shall include the following undertakings:—

(a) that the applicant will participate in appropriate and relevant NHS audit procedures;

(b) that the applicant will be bound by the terms of service applicable to the applicant;

(d) that the applicant will notify the Board in writing within 7days of its occurrence if the applicant, or where the applicant is a body corporate any director of the applicant—

(i) is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in the British Islands would constitute such a criminal offence;

(ii) is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);

(iv) has accepted and agreed to pay either a fixed penalty under section302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section115A of the Social Security Administration Act 1992;

(v) has accepted a compensation offer under section302A of the Criminal Procedure (Scotland) Act 1995;

(vi) has accepted a combined fixed penalty and compensation offer under section302B of the Criminal Procedure (Scotland) Act 1995;

(vii) has accepted a work order under section303ZA of the Criminal Procedure (Scotland) Act 1995;

(viii) has accepted a police caution in the British Islands;

(ix) is bound over following a criminal conviction in the British Islands;

(x) becomes the subject of any investigation into the applicant’s or such director’s professional conduct by any licensing, regulatory or other body anywhere in the world;

(xi) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into the applicant’s or such director’s professional conduct, and there is a finding against the applicant or such director;

(xii) becomes, to the applicant’s knowledge, the subject of any investigation by the Agency or any other body in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(xiii) becomes the subject of any investigation, proceedings or referral by another Health Board or equivalent body or the Tribunal, which might result in the applicant or such director being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(xiv) is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or suspended from or refused admission or contingently removed from to any list or equivalent list;

(xv) is, was in the preceding 6months, or was at the time of the events that gave rise to the charge, conviction, investigation or referral, a director of a body corporate and that body corporate—

(aa) is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands would constitute a criminal offence;

(bb) is convicted of a criminal offence in the British Islands;

(cc) is convicted elsewhere of an offence which, if committed in the British Islands would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

(ee) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to the applicant’s knowledge, the subject of any investigation by the Agency or any other body in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

(xvi) has sequestration of the applicant’s or such director’s estate awarded or is adjudged bankrupt;

(xvii) is made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(xviii) makes a composition or arrangement with, or grants a trust deed for, the applicant’s or such director’s creditors;

(xix) if a body corporate—

(aa) has an administrator, administrative receiver or receiver appointed in respect of it;

(bb) has an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986; or

(cc) is wound up under Part IV of the Insolvency Act 1986;

(xx) is made subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);

(e) that the applicant will only provide orthodontic treatment, (where the applicant has applied for inclusion in the list on that basis);

(f) that the applicant and where the applicant is a body corporate, all directors of the body corporate, consents to a request being made by the Health Board to the Agency, any employer or former employer of the applicant or any such director, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph or any such director and, for the purposes of this sub‑paragraph, “employer” includes any partnership of which the applicant is or was a member;

(g) that the applicant consents to disclosure of information in terms of regulation 14 ;

(h) where the applicant is a dentist, that the applicant will remain a scheme member.

PART IB — Information, declarations, certificate, applications, Level 2 disclosure, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, undertakings and consents to be included in an application for inclusion in sub-part B only of the first part of the dental list

1

An application shall contain the following information:—

(i) in the case of a dentist, the applicant’s full name, sex, date of birth and private address; telephone number and e-mail address and the applicant’s National Insurance number, if the applicant has one;

(ii) in the case of a body corporate the body corporate’s name, registered office and registered number, telephone number and e-mail address and a list of the full names, dates of birth, private addresses and (if they have one) the national insurance numbers, of all the directors and the company secretary;

(b) in the case of a dentist, the date of first registration and any subsequent registration as a dental practitioner in the register of dentists and registration number, dental qualifications registerable under the Dentists Act 1984 and when obtained;

(d) (except where the applicant is a body corporate) chronological details of the applicant’s professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;

(e) details of any list or equivalent list from which the applicant has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or conditionally granted together with reasons for such disqualification, conditional disqualification, removal, suspension or refusal;

(f) (except where the applicant is a body corporate) name and addresses of tworeferees who are willing to provide clinical references relating to tworecent posts as a dentist each of which lasted at least 3months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;

(g) (except where the applicant is a body corporate) if the applicant is a national of an EEA state, evidence that the applicant has a knowledge of English which, in the interests of the applicant and of patients who may receive emergency dental services from the applicant, is necessary for providing general dental services;

(h) (except where the applicant is a body corporate) whether any limitations have been imposed by any government organisation which restrict the applicant’s ability to work in any specified capacity in Scotland and, if so, the details of these;

(i) if the applicant is, or has been where the outcome was adverse, the subject of any investigation by the Agency or any other body in relation to fraud.

2

An application shall contain the following declarations as to whether or not the applicant, and where the applicant is a body corporate any director of the applicant—

(a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph(a);

(c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(d) has accepted and agreed to pay either a fixed penalty under section302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section115A of the Social Security Administration Act 1992;

(e) has accepted a compensation offer under section302A of the Criminal Procedure (Scotland) Act 1995;

(f) has accepted a combined fixed penalty and compensation offer under section302B of the Criminal Procedure (Scotland) Act 1995;

(g) has accepted a work order under section303ZA of the Criminal Procedure (Scotland) Act 1995;

(h) has accepted a police caution in the British Islands;

(i) has been bound over following a criminal conviction in the British Islands;

(j) has been subject to any investigation into the applicant’s or such director’s professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

(k) is currently subject to any investigation into the applicant’s or such director’s professional conduct by any licensing, regulatory or other body anywhere in the world;

(l) is the subject of any investigation, proceedings or referral by another Health Board or equivalent body or the Tribunal which might result in the applicant, or where the applicant is a body corporate, any director of the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(m) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant’s or such director’s professional conduct in respect of any previous or current employment;

(n) is, or has in the preceding 6months been, or was at the time of the events that gave rise to conviction, proceedings, investigation or referral, a director of a body corporate, or a member of a partnership (including a limited liability partnership) which—

(i) has been convicted of a criminal offence in the British Islands;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

(v) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency or any other body in relation to fraud;

(o) has had sequestration of the applicant’s or such director’s estate awarded or been adjudged bankrupt;

(p) has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(q) has made a composition or arrangement with, or granted a trust deed for, the applicant’s or such director’s creditors;

(r) if a body corporate—

(i) has had an administrator, administrative receiver or receiver appointed in respect of it;

(ii) has had an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986; or

(iii) has been wound up under Part IV of the Insolvency Act 1986;

(s) is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section429(2)(b) of the Insolvency Act 1986.

3

An applicant must include either—

(a) where the applicant is a dentist—

(i) a Level 2 disclosure application for a PVG Scheme Level 2 disclosure required under regulation 5(3)(f); and

(ii) where required by the Health Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds; or

(b) where the applicant is a body corporate, a Level 2 disclosure in relation to each director, dated not earlier than 28 days before the date of the application, or a Level 2 disclosure application completed and signed by each director who is not already on the Health Board’s dental list.

4

An application shall include the following undertakings:—

(a) that applicant will be bound by the terms of service applicable to the applicant;

(b) that the applicant will undertake to provide emergency dental services under general dental services;

(c) that the applicant will notify the Board in writing within 7days of its occurrence if the applicant, or where the applicant is a body corporate any director of the applicant—

(i) is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in the British Islands would constitute such a criminal offence;

(ii) is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);

(iv) has accepted and agreed to pay either a fixed penalty under section302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section115A of the Social Security Administration Act 1992;

(v) has accepted a compensation offer under section302A of the Criminal Procedure (Scotland) Act 1995;

(vi) has accepted a combined fixed penalty and compensation offer under section302B of the Criminal Procedure (Scotland) Act 1995;

(vii) has accepted a work order under section303ZA of the Criminal Procedure (Scotland) Act 1995;

(viii) has accepted a police caution in the British Islands;

(ix) is bound over following a criminal conviction in the British Islands;

(x) becomes the subject of any investigation into the applicant’s or such director’s professional conduct by any licensing, regulatory or other body anywhere in the world;

(xi) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into the applicant’s or such director’s professional conduct, and there is a finding against the applicant or such director;

(xii) becomes, to the applicant’s knowledge, the subject of any investigation by the Agency or any other body in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(xiii) becomes the subject of any investigation, proceedings or referral by another Health Board or equivalent body or the Tribunal, which might result in the applicant or such director being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(xiv) is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or suspended from or refused admission or contingently removed from to any list or equivalent list;

(xv) is, was in the preceding 6months, or was at the time of the events that gave rise to the charge, conviction, investigation or referral, a director of a body corporate and that body corporate—

(aa) is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands would constitute a criminal offence;

(bb) is convicted of a criminal offence in the British Islands;

(cc) is convicted elsewhere of an offence which, if committed in the British Islands would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

(ee) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to the applicant’s knowledge, the subject of any investigation by the Agency or any other body in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

(xvi) has sequestration of the applicant’s or such director’s estate awarded or is adjudged bankrupt;

(xvii) is made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(xviii) makes a composition or arrangement with, or grants a trust deed for, the applicant’s or such director’s creditors;

(xix) if a body corporate—

(aa) has an administrator, administrative receiver or receiver appointed in respect of it;

(bb) has an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986; or

(cc) is wound up under Part IV of the Insolvency Act 1986;

(xx) is made subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);

(d) that the applicant will only provide orthodontic treatment, (where the applicant has applied for inclusion in the list on that basis);

(e) that the applicant and where the applicant is a body corporate, all directors of the body corporate, consents to a request being made by the Health Board to the Agency, any employer or former employer of the applicant or any such director, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph or any such director and, for the purposes of this sub‑paragraph, “employer” includes any partnership of which the applicant is or was a member;

(f) that the applicant consents to disclosure of information in terms of regulation 14 ;

(g) where the applicant is a dentist, that the applicant will remain a scheme member.

PART II — Information, declarations, certificate, Level 2 disclosure applications, PVG Scheme Level 2 disclosure, undertakings and consents, to be included in an application for inclusion in the second part of the dental list

1

An application shall contain the following information:—

(a) the applicant’s full name, sex, date of birth, private address, telephone number and e-mail address and National Insurance number, if the applicant has one;

(b) date of first registration and any subsequent registration as a dental practitioner in the register of dentists and registration number, dental qualifications registerable under the Dentists Act 1984[^f00067] and when obtained;

(c) where applicable, the address of the proposed premises and, in the case of a mobile surgery, the address to which correspondence may be sent;

(d) chronological details of the applicant’s professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;

(e) whether the applicant will assist with the provision of general dental services which are restricted to orthodontic treatment;

(f) details of any list or equivalent list from which the applicant has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or conditionally granted together with reasons for such disqualification, conditional disqualification, removal, suspension, refusal or conditional admission;

(g) name and addresses of tworeferees who are willing to provide clinical references relating to tworecent posts as a dentist each of which lasted at least 3months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;

(h) if the applicant is a national of an EEA state, evidence that the applicant 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 assisting with the provision of general dental services;

(i) whether any limitations have been imposed by any government organisation which restrict the applicant’s ability to work in any specified capacity in Scotland and, if so, the details of these;

(j) if the applicant is, or has been where the outcome was adverse, the subject of any investigation by the Agency or any other body in relation to fraud; ...

(k) the name and address, telephone number and e-mail address of the dentist, and the name, registered number, registered office, telephone number, e-mail address and the names of all the directors of any body corporate, whom the applicant will assist in the provision of general dental services;

(l) where the applicant has satisfactorily completed Part 1 training, Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(1) or Part 2 training and the test of knowledge where the person is required to do this by regulation 5A(3), a certificate, issued no more than 12 months before the application is made, confirming this.

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

An application shall contain the following declarations as to whether or not the applicant—

(a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph(a);

(c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(d) has accepted and agreed to pay either a fixed penalty under section302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section115A of the Social Security Administration Act 1992;

(e) has accepted a compensation offer under section302A of the Criminal Procedure (Scotland) Act 1995;

(f) has accepted a combined fixed penalty and compensation offer under section302B of the Criminal Procedure (Scotland) Act 1995;

(g) has accepted a work order under section303ZA of the Criminal Procedure (Scotland) Act 1995;

(h) has accepted a police caution in the British Islands;

(i) has been bound over following a criminal conviction in the British Islands;

(j) has been subject to any investigation into the applicant’s professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

(k) is currently subject to any investigation into the applicant’s professional conduct by any licensing, regulatory or other body anywhere in the world;

(l) is the subject of any investigation, proceedings or referral by another Health Board or equivalent body or the Tribunal which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(m) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant’s professional conduct in respect of any previous or current employment, or, where the applicant is a body corporate, any director of that body corporate has been subject to such;

(n) is, or has in the preceding 6months been, or was at the time of the events that gave rise to conviction, proceedings, investigation or referral, a director of a body corporate, or a member of a partnership (including a limited liability partnership) which—

(i) has been convicted of a criminal offence in the British Islands;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

(v) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency or any other body in relation to fraud;

(o) has had sequestration of the applicant’s estate awarded or been adjudged bankrupt;

(p) has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(q) has made a composition or arrangement with, or granted a trust deed for, the applicant’s creditors;

(r) in the case of a body corporate there is a director who is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

3

An applicant must include—

(a) a Level 2 disclosure application for a PVG Scheme Level 2 disclosure required under regulation 5(3)(f); and

(b) where required by that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds.

4

An application shall include the following undertakings:—

(a) that applicant will be bound by the terms of service relevant to the applicant;

(b) that the applicant will undertake to assist with the provision of general dental services;

(i) is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in the British Islands would constitute such a criminal offence;

(ii) is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) has, in summary proceedings, in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(iv) has accepted and agreed to pay either a fixed penalty under section302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section115A of the Social Security Administration Act 1992;

(v) has accepted a compensation offer under section302A of the Criminal Procedure (Scotland) Act 1995;

(vi) has accepted a combined fixed penalty and compensation offer under section302B of the Criminal Procedure (Scotland) Act 1995;

(vii) has accepted a work order under section303ZA of the Criminal Procedure (Scotland) Act 1995;

(viii) has accepted a police caution in the British Islands;

(ix) is bound over following a criminal conviction in the British Islands;

(x) becomes the subject of any investigation into the applicant‘s professional conduct by any licensing, regulatory or other body anywhere in the world;

(xi) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into the applicant’s professional conduct, and there is a finding against the applicant;

(xii) becomes, to the applicant’s knowledge, the subject of any investigation by the Agency or any other body in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(xiii) becomes the subject of any investigation, proceedings or referral by another Health Board or equivalent body, which might result in the applicant being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(xiv) is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or suspended from or refused admission or contingently removed from to any list or equivalent list;

(xv) is, was in the preceding 6months, or was at the time of the events that gave rise to the charge, conviction or investigation , a director or one of the persons with control of a body corporate and that body corporate—

(aa) is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands would constitute a criminal offence;

(bb) is convicted of a criminal offence in the British Islands;

(cc) is convicted elsewhere of an offence which, if committed in the British Islands would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

(ee) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to the applicant’s knowledge, the subject of any investigation by the Agency or any other body in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

(d) that the applicant consents to a request being made by the Health Board to the Agency, any employer or former employer of the applicant, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub‑paragraph, “employer” includes any partnership of which the applicant is or was a member; ...

(e) that the applicant consents to disclosure of information in terms of regulation14 ; and

(f) that the applicant will remain a scheme member.

PART III — INFORMATION WHICH MAY BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE DENTAL LIST

Details of any languages, other than English, spoken by the dentist.

SCHEDULE 3 — INFORMATION TO BE PROVIDED ABOUT CARE AND TREATMENT UNDER GENERAL DENTAL SERVICES

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — PRIOR APPROVAL OF CARE AND TREATMENT

PART I — ITEMS OF TREATMENT

Any item of treatment specified in Determination I of the Statement of Dental Remuneration as being an item of treatment for which the prior approval of the Board is required.

PART II — CARE AND TREATMENT

1

A course of care and treatment under ... a capitation arrangement, including any treatment on referral ..., the cost of which exceeds or is likely to exceed the amount set out in Determination I of the Statement of Dental Remuneration.

2

Any orthodontic care and treatment to be provided by that dentist, the cost of which exceeds or is likely to exceed the amount set out in Determination I of the Statement of Dental Remuneration.

3

A reference in this part of this Schedule, to the cost of care and treatment means the cost of such care and treatment calculated in accordance with the Scale of Fees, but does not include the cost of—

(a) any care and treatment under a capitation arrangement for which the contractor is remunerated in accordance with Section X (treatment under capitation) in Determination I of the Statement of Dental Remuneration and for which the contractor receives no remuneration other than a capitation payment;

(b) in the case of orthodontic care and treatment, fees for diagnosis, study models, retention and the extraction of any tooth for orthodontic purposes; ...

(ba) in the case of care and treatment which is not orthodontic care and treatment, fees for diagnosis and domiciliary visits; and

SCHEDULE 5 — INFORMATION TO BE INCLUDED IN PATIENT INFORMATION LEAFLETS

1

Where the contractor is a dentist the following personal and professional details of the contractor—

(a) name;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) date of first registration and any subsequent registrations as a dental practitioner in the register of dentists and details of any dental qualifications registerable under the Dentists Act 1984[^f00068].

2

Where the contractor is a body corporate—

(a) name;

(b) registered address.

3

The following additional information about the provision of general dental services at practice premises:—

(a) the address of all the practice premises and, where general dental services are provided at a mobile surgery only, the address to which correspondence may be sent;

(b) particulars of the days and hours when the dentist is or will be usually in attendance at the practice premises and, in the case of any mobile surgery, particulars of the places regularly visited by the dentist and the times of those visits;

(c) the names of all dentists at the practice premises including partners, associates, assistants and any dentists under any contractual or legal arrangement or relationship with the contractor, and details for them as specified in paragraph 1 of this Schedule;

(d) whether a dental hygienist or dental therapist is employed at the practice premises;

(e) whether there is access to the dental surgery without the use of stairs;

(f) whether the practice premises (including the dental surgery and toilets) are accessible to wheelchairs;

(g) whether the contractor or any person referred to in sub-paragraph (c) provides only orthodontic treatment;

(h) provided the contractor consents to their inclusion, details of any languages, other than English spoken by the contractor and by any dentist assisting the contractor with the provision of general dental services.

SCHEDULE 6 — INFORMATION TO BE INCLUDED IN HEALTH BOARD PATIENT INFORMATION LEAFLET

1

The following personal and professional details of any salaried dentist providing general dental services at a health centre:—

(a) name;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) date of first registration and any subsequent registration as a dental practitioner in the register of dentists and details of dental qualifications registerable under the Dentists Act 1984.

2

The following additional information about the provision of general dental services at health centres:—

(a) the address of all the health centres in the Health Board’s area at which general dental services are provided;

(b) particulars of the days and hours when general dental services are provided at the health centre, and where a Health Board has made arrangements for a salaried dentist to provide general dental services at a mobile surgery, particulars of the places visited regularly by the salaried dentist and the times of those visits;

(d) whether there is access to the dental surgery at the health centre without the use of stairs;

(e) whether the health centre (including the dental surgery and toilets) is accessible to wheelchairs;

(f) provided the salaried dentist consents to their inclusion, details of any languages other than English spoken by the salaried dentist.

SCHEDULE 7 — REVOCATIONS

(1)	(2)	(3)
Regulations Revoked	References	Extent of revocation
The National Health Service (General Dental Services) (Scotland) Regulations 1996	S.I. 1996/177	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 1996	S.I. 1996/841	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 1996	S.I. 1996/2060	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 1998	S.I. 1998/1663	The whole regulations

The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998	S.I. 1998/2224	Regulation 4

The National Health Service (Choice of Dental Practitioner) (Scotland) Regulations 1998	S.I. 1998/2259	Regulation 4

The National Health Service (Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1999	S.I. 1999/724	Regulations 2-14

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 1999	S.S.I. 1999/51	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2000	S.S.I. 2000/188	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2000	S.S.I. 2000/352	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 3) Regulations 2000	S.S.I. 2000/394	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2001	S.S.I. 2001/57	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2001	S.S.I. 2001/368	The whole regulations

The National Health Service (General Dental Services and Dental Charges) (Scotland) Amendment Regulations 2002	S.S.I. 2002/99	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2002	S.S.I. 2002/192	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2002	S.S.I. 2002/268	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2003	S.S.I. 2003/131	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2003	S.S.I. 2003/422	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2004	S.S.I. 2004/37	The whole regulations

The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004	S.S.I. 2004/292	Regulation 7

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2005	S.S.I. 2005/95	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2006	S.S.I. 2006/137	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No. 2) Regulations 2006	S.S.I. 2006/321	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2007	S.S.I. 2007/191	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment (No.2) Regulations 2007	S.S.I.2007/422	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2009	S.S.I.2009/96	The whole regulations

The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2010	S.S.I.2010/33	The whole regulations

SCHEDULE 8 — CONSEQUENTIAL AMENDMENTS

The National Health Service (Choice of Dental Practitioner) (Scotland) Regulations 1998

1

In regulation 1(2) of the National Health Service (Choice of Dental Practitioner) (Scotland) Regulations 1998[^f00069], in the definition of “the GDS Regulations” for “the National Health Service (General Dental Services) (Scotland) Regulations 1996”, substitute “the National Health Service (General Dental Services) (Scotland) Regulations 2010”.

The Police Act 1997 (Criminal Records) (Scotland) Regulations 2006

2

In regulation12 of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006[^f00070]—

(a) in sub-paragraph(2)(a) for “undertaking to provide” substitute “or bodies corporate undertaking to provide, and persons approved to assist in providing”; and

(b) in sub-paragraph(3)(a) delete “(b) or (c)”.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 20th May 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for arrangements for the provision of general dental services under the National Health Service in Scotland, and for the preparation and maintenance by each Health Board in Scotland of a dental list.

They supersede and revoke the National Health Service (General Dental Services) (Scotland) Regulations 1996 (“the 1996 Regulations”). These Regulations are consequential on the coming into force of amendments made by the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) to the sections of the National Health Service (Scotland) Act 1978 (“the 1978 Act”) dealing with general dental services and the disqualification of practitioners.

Those provisions of the 2005 Act were commenced on 2nd July 2010 by the Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No.6 Order 2010) (S.S.I.2010/185).

The changes to the 1978 Act made by the 2005 Act include changes to the structure and content of the dental list.

PartI of the Regulations makes general provision for the purpose of these Regulations. Regulation2 defines the terms used in the Regulations.

PartII of the Regulations make general arrangements for the provision of general dental services.

Regulation3 specifies the terms of service (which are set out in Schedule1) which shall be incorporated into the arrangements which a Health Board makes with a provider of general dental services.

Regulation4 provides that each Health Board is to prepare and maintain a dental list which will be divided into 2parts. The first part will contain the names and other details of dentists and bodies corporate who have undertaken to provide general dental services under arrangements with the Health Board in terms of the Regulations. In terms of regulation2(1) a body corporate means a body corporate entitled by virtue of section43 of the Dentists Act 1984 to carry on the business of dentistry. The second part of the dental list will contain names and other details of dentists who are approved by the Health Board to assist in the provision of such services.

The first part of the dental list is further divided into 2sub-parts, namely sub-partA which is a list of dentists and bodies corporate who have undertaken to provide general dental services in the Health Board’s area, and sub-partB which is a list of dentists and bodies corporate who have undertaken to provide emergency dental services in the Health Board’s area.

Regulation5 sets out the requirements and procedure for making an application for inclusion in a dental list, and for the notification of any changes in the information provided. An application may specify other Health Boards on whose dental list the applicant wishes to be included. A Health Board must inform such other Health Boards of its decision on whether or not to include the applicant in its dental list (regulation 5(10) and 7(4)). Inclusion in a dental list is to be allowed by another Health Board without further enquiry where the decision is that the applicant should be included in the dental list or where the applicant is already on a dental list (regulation 7(3)).

Paragraphs(12) to (15) contain provisions for applications by dentists undertaking vocational training.

Regulation6 contains general provisions relating to the dental list. Paragraph(3) provides that 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, and 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 general dental list.

Regulation7 sets out mandatory grounds for refusal to include a dentist or body corporate in a dental list.

Regulation8 sets out circumstances in which a Health Board may defer a decision on an application to include a dentist or body corporate in the dental list, and the procedure to be followed.

Regulation9 provides for local directories of dentists.

Regulation10 sets out general requirements with which a dentist or body corporate included in a dental list must comply.

Regulation11 sets out the grounds on which a Health Board may suspend a dentist or body corporate from the dental list, and the procedure to be followed.

Regulation12 sets out the grounds of removal of a person’s name from a Health Board’s dental list and the procedure to be followed.

Regulation13 contains provisions regarding the re-inclusion of a dentist or body corporate in a Health Board’s dental list where the occurrence which led to the removal of that person’s name is overturned on appeal or for any other reason.

Regulation14 provides for certain information regarding the Health Board’s decisions in relation to its dental list to be disclosed to the parties specified in that regulation.

Regulation15 sets out the procedure if a dentist or body corporate wishes to withdraw from the Health Board’s dental list.

Regulation16 sets out the procedure for a Health Board to send information regarding deputies and assistants to the Scottish Dental Practice Board (“SDPB”).

Regulation17 sets out the requirements for providing information regarding associateship agreements, which agreements are defined in regulation2(1).

Regulation18 provides powers for the Health Board to make arrangements for the transfer of continuing care and capitation arrangements in respect of dentists and body corporates in certain specified circumstances.

Regulation19 makes provision for a Health Board to make arrangements for the provision of emergency dental services in urgent cases at a hospital or other Health Board premises.

Regulation20 provides that it is the Health Board’s responsibility to make arrangements to enable a salaried dentist to provide emergency cover.

Regulation21 provides that a Health Board must prepare and make available a patient information leaflet regarding services to be provided by salaried dentists, and at health centres.

PartIII of the regulations contains provisions regarding the remuneration for general dental services.

Regulation22 provides for the Scottish Ministers to make determinations relating to the matter specified in the Table in that regulation.

Regulation23 makes provision for the SDPB to authorise the Common Services Agency to pay remuneration to contractors, or to cease such payments, subject to specified conditions.

Regulation24 contains provisions regarding fees for listed drugs.

Regulation25 makes provision for recovery of overpayments.

Part IV of the regulations contains regulation26 which provides for the Scottish Ministers to make a Determination in respect of payments to be made to any dentist or body corporate suspended by a Health Board or by direction of a Tribunal.

Regulation27 specifies the circumstances in which the SDPB may direct a dentist not to provide or assist in the provision of treatment for a specified period without obtaining prior approval of an estimate from the SDPB.

Regulation28 provides that the SDPB may conduct or commission surveys or other research relating to the provision of general dental services.

Part Vi of the regulations contains regulation29 which provides for the grounds and procedure to be followed in respect of appeals against decisions of the SDPB.

Part VII of the regulations contains provisions relating to miscellaneous matters.

Regulation30 provides for publication of copies of the dental list and other information regarding general dental services.

Regulation31 makes provision for the services of notices or documents.

Regulation32 provides requirements for any signature required by the Regulations.

Regulation33 and Schedule7 repeals the 1996 Regulations, and makes transitional provisions.

Regulation33(3) provides that the names of those persons who are on PartA or PartB of a Board’s previous dental list in terms of the 1996 Regulations on 1st July 2010 will be automatically transferred to sub-partA or sub-partB respectively of the Board’s dental list on 2ndJuly 2010. Such persons must provide the information specified in paragraph(6) by 1stOctober 2010 or such later date as the Board may permit.

Paragraph(9) provides that a dentist who wishes to be included in the second part of the Health Board’s dental list can assist in the provision of general dental services without the name of that person being included in that list until 1st October 2010.

Regulation34 and Schedule8 provide for consequential amendments.

Regulation 35 gives effect to Schedules 3, 4 and 5.

Schedule1 sets out the terms of service for those undertaking to provide general dental services.

PartI makes general provisions.

Paragraph1 deals with the interpretation of terms used in the Schedule.

Paragraph2 incorporates the provisions of other regulations into the terms of service.

Paragraph3 specifies the services which must or may be provided as general dental services.

PartII of the Schedule contains the terms of service in respect of continuing care arrangements, capitation arrangements and treatment on referral.

Paragraph4 sets out the requirements for a continuing care arrangement.

Paragraph5 sets out the requirements for a capitation arrangement.

Paragraph6 sets out a contractor’s obligations as regards providing emergency cover.

Paragraph7 sets out a contractor’s obligations regarding the repair or replacement of restorations.

Paragraph8 provides for circumstances in which a continued care arrangement may be terminated.

Paragraph9 provides for circumstances in which the capitation arrangement may be terminated.

Paragraph10 sets out the procedure to be followed where a contractor wishes to terminate a continuing care arrangement or a capitation arrangement.

Paragraph11 provides that a contractor may notify a Health Board that it wishes a continuing care arrangement or a capitation arrangement with any person to be terminated immediately if that person has committed an act of violence against any dentist, dental care professional or any other person employed or engaged by the contractor or has behaved in such a way that such a person has feared for his or her safety.

Paragraph12 provides for a contractor to refer a patient to another contractor or to hospital or other service provided under PartIII of the 1978 Act where that contractor cannot provide the necessary facilities, experience or expertise to provide the care or treatment required.

Paragraph13 provides that a dentist may refer a patient for care or treatment by a dental student in specified circumstances.

Paragraph14 sets out the circumstances in which a contractor may accept a patient who has been referred to the contractor by another dentist, and the obligations of the contractor in these circumstances.

Paragraph15 provides that the contractor must notify the Health Board in writing if the contractor is unable to complete any care and treatment.

Paragraph16 provides that a contractor must provide a summary of the care and treatment which the patient has received if the patient intends to enter into an arrangement with another contractor.

Paragraph17 sets out the circumstances in which the contractor may provide private care or treatment.

PartIII of the Schedule sets out the terms of service relating to the provision of occasional treatment.

Paragraph18 specifies the items which may be provided as occasional treatment.

Paragraph19 makes provision for circumstances in which a contractor for whom a patient requests occasional treatment can refer the patient for the provision of that additional treatment by another contractor or by a hospital or other service provided under PartIII of the 1978 Act.

PartIV of the Schedule sets out additional terms of service for all dentists.

Paragraph20(1) sets out circumstances in which a dentist or contractor shall not claim or accept payment of any fee.

Paragraph20(2) specifies the way in which a claim for a fee or other remuneration for the provision of general dental services shall be submitted.

Paragraph21 provides that a Health Board may conduct or commission surveys or other research related to the provision of general dental services at no less than 6monthly intervals.

Paragraph22 sets out the general standards of care to be employed in providing or assisting with the provision of care and treatment under general dental services.

Paragraph23 imposes duties on a dentist undertaking any procedure for which sedation of the patient is necessary.

Paragraph24 deals with the supply of listed drugs to a patient.

Paragraph25 specifies the requirements for a dentist ordering such listed drugs on a prescription form.

Paragraph26 provides that a contractor may provide general dental services at a place at which the patient normally resides if requested to do so by a patient who is unable to leave home unaccompanied because of physical or mental illness or disability.

Paragraph27 specifies the records which must be kept by a contractor.

Paragraph28 sets out the procedure to be followed where care and treatment requires prior approval from the SDPB.

Paragraph29 specifies the procedure to be followed by a dentist submitting an estimate to the SDPB for approval.

Paragraph30 specifies the procedure to be followed where a person declares he/she does not have to pay charges for care and treatment.

Paragraph31 specifies the procedure to be followed where a dentist is recalled to practice premises outwith normal hours in order to provide treatment in an emergency.

Paragraph32 specifies the requirements on a contractor regarding completion of care and treatment under a continuing care arrangement or a capitation arrangement or treatment on referral.

Paragraph33 provides that a dentist may in the provision of general dental services arrange for dental care and treatment to be given by dental care professionals.

Paragraph34 imposes obligations on dentists regarding post graduate education.

Paragraph35 obliges a contractor to display information about charges for general dental services.

Paragraph36 sets out the requirements for a practice based complaints procedure to be operated by contractors.

Paragraph37 sets out the cooperation which a contractor or dentist must give in investigation of a complaint by a Health Board.

Paragraph38 provides that a contractor must provide a Health Board with an annual return regarding complaints received.

Paragraph39 provides that a contractor must provide the Health Board with information regarding the contractor’s professional indemnity insurance if requested to do so.

Paragraph40 specifies the clinical audit activities which must be undertaken by dentists.

PartV of the Schedule sets out additional terms of service for dentists other than salaried dentists.

Paragraph41 makes provision regarding patient information leaflets.

Paragraph42 sets out the requirements for the premises at which general dental services are provided.

Paragraph43 provides that the provisions of paragraph20 shall not have effect in relation to a claim for loss of remuneration if a patient fails to keep an appointment for general dental services.

Paragraph44 makes provision for the circumstances in which care and treatment may be provided by a deputy or assistant.

PartVI of the Schedule provides additional terms of service for salaried dentists.

Paragraph45 provides that a salaried dentist shall attend at such premises on such days and such hours as may be agreed with the Health Board, and shall not provide on such premises any care and treatment which is not part of general dental services, without the permission of the Health Board.

Paragraph46 sets out that the records referred to in paragraph27(1) shall be the property of the Health Board.

Paragraph47 makes provision for any drugs or the provision of drugs supplied under paragraph24 obtained by a salaried dentist.

Paragraph48 provides that a salaried dentist shall make available the patient information leaflet compiled by the Health Board under regulation21.

Paragraph49 sets out the circumstances which an arrangement between a Health Board and a salaried dentist for the provision of general dental services may be terminated.

Schedule2 lists the information and undertakings to be included in an application for inclusion in a dental list.

Regulation5(1)(b) provides that an application to be included in sub-partA of the first part of the dental list shall include the information, certificate or application, undertakings, consents and declarations specified in PartIA of Schedule2.

Regulation5(1)(c) provides that an application to be included in sub-partB of the first part of the dental list shall include the information certificate or application, undertakings, consents and declarations specified in Part IB of Schedule2.

Regulation5(1)(d) provides that an application to be included in the second part of the dental list shall include the information, certificate, undertakings, consents and declarations set out in PartII of Schedule2.

PartIII of Schedule2 provides for information which may be included in an application for inclusion in a dental list, which is specified as details of any languages, other than English, spoken by the dentist.

Schedule3 specifies the information to be provided about care and treatment under general dental services in terms of paragraphs4(1)(a) and 5(1)(b) of Schedule1.

Schedule4 specifies the items for which prior approval of care and treatment from the SDPB is required in terms of paragraph28 of Schedule1.

Schedule5 specifies the information to be included in patient information leaflets in terms of paragraph41 of Schedule1.

Schedule6 provides the information to be included in the Health Board patient information leaflet in terms of regulation21.

Schedule7 specifies the regulations revoked by these Regulations.

Schedule8 sets out consequential amendments.

Footnotes

[^f00001]: 1978 c.29; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), Schedule9, paragraph 19(1); section4 was amended by the Health and Medicines Act 1988 (c.49) (“the 1988 Act”) sections12(3), 25(2) and Schedule3, and is amended by the Smoking, Health and Social Care (Scotland) Act (asp 13) (“the 2005 Act”) schedule2, paragraph2, with effect from 2nd July 2010 in terms of S.S.I.2010/185; section25(1) is amended by the 2005 Act, section15, with effect from 20th May 2010 for the purposes of making regulations and with full effect from 2nd July 2010 in the terms of S.S.I.2010/185, section25(2), (2A) and (2B) are substituted by the 2005 Act, section17, with effect from 20th May 2010 for the purposes of making regulations and with full effect from 2nd July 2010 in terms of S.S.I.2010/185; section25(3) was amended by the Health Services Act 1980 (c.53), Schedule6, paragraph4, and Schedule7; section 25(5) was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 16; section 28(1) was amended by the National Health Service (Amendment) Act 1986 (c.66), section 3(4) and by the Primary Medical Services (Scotland) Act 2004 (asp 1), (“the 2004 Act”), schedule 1, paragraph 8; section28A was substituted by the Health Act 1999 (c.8) (“the 1999 Act”), section57, and amended by the 2004 Act, schedule1, paragraph1; section32D was substituted by the 2005 Act, section27; section 32E was inserted by the National Health Service (Amendment) Act 1995 (c.31), section 8 and amended by the 2005 Act, schedule2, paragraph2(14); section105(7), was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983, (c.41), Schedule 9, paragraph 24 and by the 1999 Act. Schedule4, paragraph60 and contains provisions relevant to the making of Regulations; section108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998.

[^f00002]: 1997 c.46.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.