NATIONAL HEALTH SERVICE Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 and shall come into force on 5th July 2004. 2 In these Regulations– “ the Act ” means the National Health Service (Scotland) Act 1978; “the 1996 Regulations ” means the National Health Service (General Dental Services) (Scotland) Regulations 1996 ; “ Appeal Body ” means the Dentists Vocational Training Appeal Body constituted in accordance with regulation 4; “Appeal Committee” means the Appeal Committee appointed under regulation 5(6); “approved trainer” means a dentist on Part A of a dental list and who is approved by the Board as being a dentist who has the requisite skills and suitable practice facilities to enable the dentist to act as a trainer; “the Board” means NHS Education for Scotland established by the NHS Education for Scotland Order 2002 ; “community dental service” means the dental service provided in Scotland under sections 1 and 39(2) of the Act, in England and Wales under sections 3(1)(c) and 5(1A) of the National Health Service Act 1977 and in Northern Ireland under articles 5(1)(c) and 9(1)(a) and (1A) of the Health and Personal Social Services (Northern Ireland) Order 1972 ; “Community law” has the same meaning as in section 126(9) of the Scotland Act 1998 ; “dental list” means the list prepared by a Health Board in accordance with regulation 4(1) of the 1996 Regulations; “dentist” means a registered dental practitioner; “ EEA state” means a Member State, Norway, Iceland or Liechtenstein; “pilot scheme” has the same meaning as in section 1(1) of the National Health Service (Primary Care) Act 1997 ; “primary dental care” means care and treatment delivered by the dentist at the first point of contact with the patient; “regular forces” has the same meaning as in section 225(1) of the Army Act 1955 ; “salaried dentist” means a dentist employed by a health board who undertakes to provide general dental services at a health centre, hospital or from any vehicle or moveable facility; “satisfactory completion of vocational training”, and related expressions, shall be construed in accordance with regulation 3; “vocational training”, except as provided for in regulation 8, means a period of employment– which is undertaken within a period of up to two years (or the equivalent period of part time employment) from the date of commencement of employment, or such extension of that period as may be approved by the Postgraduate Dental Dean ; and during which period the dentist is employed under a contract of service by an approved trainer or, where the approved trainer is a salaried dentist, under a contract of service with a Health Board, to provide a wide range of dental care and treatment, to attend such study days as that contract requires and to undertake assessments required in order to satisfactorily complete vocational training; “vocational training certificate”, except as provided for in regulation 8, means a certificate confirming that a dentist has satisfactorily completed vocational training issued– in Scotland, by the Postgraduate Dental Dean, or a Director of Postgraduate General Dental Practice Education ; in England, Wales or Northern Ireland, by a Postgraduate Dental Dean; by the Director of the Royal Naval Dental Service, the Director of the Royal Army Dental Corp or the Director of the Dental Branch of the Royal Air Force; “vocational training number”, except where the context otherwise requires in paragraph 6 of regulation 2 and regulation 8, means the number allocated to a dentist– in Scotland, under regulation 2; in England and Wales, under regulation 5A (applications for vocational training numbers) of the National Health Service (General Dental Services) Regulations 1992 ; and in Northern Ireland, under regulation 5A (applications for vocational training numbers) of the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 ; “writing” does not include transmission by electronic means. 3 Any reference in these Regulations to a numbered regulation or the Schedule or to a numbered paragraph or sub-paragraph of such a regulation is, unless otherwise expressly provided, a reference to a regulation, paragraph or sub-paragraph bearing that number in these Regulations or to the Schedule to these Regulations. Applications for vocational training numbers 2 1 An application for a vocational training number shall be made in writing to the Board and– a shall state that the dentist has also made an application under regulation 5 of the 1996 Regulations (application for inclusion in the dental list) for inclusion in Part A of the dental list and shall– i specify the Health Board to which that application has been made; and ii state the date on which it was made; and b shall either– i state that the dentist has completed vocational training satisfactorily and be accompanied by the dentist’s vocational training certificate; ii state that the experience or training which the dentist has acquired ought to be regarded as equivalent to vocational training and that that experience or training has been completed within the last 5 years and be accompanied by written details of that experience or training; or iii state that the dentist is exempt from the requirement to have completed vocational training on one of the grounds set out in paragraph (3) and be accompanied by written details in support of that statement. 2 For the purpose of paragraph (1)(b)(ii) experience or training shall not be prevented from being equivalent to vocational training merely because the structure of the experience does not comply exactly with the definition of vocational training. 3 A dentist is exempt from the requirement to have completed vocational training if that dentist– a is registered by virtue of section 15(1)(b) or (2A) of the Dentists Act 1984 (qualification for registration in the dentists register) or is in any other way a person in respect of whom an EEA State is prohibited by Community law from imposing such a requirement; b has had their name included in a dental list in the United Kingdom (other than in Part B only of a dental list in Scotland) within the period of five years ending on the date of the application by that dentist to be included in the dental list; or c has practised in primary dental care in either the community dental service or the regular forces or has performed personal dental services in connection with a pilot scheme for a period amounting in aggregate to not less than four years full-time employment (or part-time employment of equivalent duration), and has so practised for not less than four months in full-time employment (or part-time employment of equivalent duration) within the period of four years ending with the date of application by that dentist under paragraph (1). 4 An application for a vocational training number shall be granted by the Board if– a a vocational training certificate has been issued to the applicant, following satisfactory completion of vocational training; b the applicant has, in the opinion of the Board, acquired experience or completed training which ought to be regarded as equivalent to satisfactory completion of vocational training; or c the applicant is exempt from the requirement to have completed vocational training on one of the grounds set out in paragraph (3). 5 If the Board determines to grant an application for a vocational training number it shall– a allocate to the applicant a vocational training number; b notify the applicant of that number within 14 days of the determination; and c enter that number against the name of the applicant in a register kept for that purpose. 6 Once a vocational training number has been allocated either under these Regulations or the 1996 Regulations, it will cease to be valid if the dentist concerned does not for any continuous period of 5 years commencing on or after the date of commencement of these Regulations provide general dental services. 7 If the Board does not allocate a vocational training number to the applicant, it shall within 10 days of that decision, send to the applicant a notice to that effect together with a statement setting out the reasons why it has not done so and telling the applicant about the right to appeal to the Appeal Body, the time limit for appeals specified in regulation 5(1) and giving the address to which an appeal must be sent. Satisfactory completion of vocational training 3 1 Vocational training– a shall, if the whole period of that training was undertaken after these Regulations come into force, be assessed by the Board by means of reports, examinations, interviews, written submissions and other forms of assessment designed to test the competencies specified in the Schedule; and b shall be satisfactorily completed if the dentist has, in the opinion of the Board, acquired the dental experience which may reasonably be expected to be acquired from training of that duration in that employment. 2 Subject to paragraph (1)(a) and the Schedule, the procedure for carrying out the assessment of, and the curriculum to be followed by, a dentist shall be determined by the Board after consultation with such organisations as, in the opinion of the Scottish Ministers, represent the general body of dentists and published by the Board from time to time . Appeal Body for appeals against refusal of vocational training number. 4 1 The body to which appeals may be made in respect of a refusal to grant a vocational training number shall be a body of seven persons appointed by the Scottish Ministers and shall be known as the “Dentists Vocational Training Appeal Body”. 2 Of the seven persons referred to in paragraph (1)– a one person shall be appointed as convener of the Appeal Body who– i is an advocate or solicitor in Scotland of at least 10 years standing; or ii has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 ); or iii is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least 10 years standing; b three shall be dentists nominated by a body appearing to the Scottish Ministers to be representative of the dental profession; and c three shall be dentists nominated by the Scottish Ministers. 3 The Scottish Ministers shall appoint a person to act as secretary to the Appeal Body. 4 In this regulation– “advocate” means a member of the Faculty of Advocates; “solicitor in Scotland” means any person enrolled as a solicitor in pursuance of the Solicitors (Scotland) Act 1980 . Procedure on appeal 5 1 A dentist, whose application for a vocational training number has been refused by the Board, may appeal against the refusal by giving to the Appeal Body, within 42 days after that dentist has received notice of the refusal pursuant to regulation 2(7) (or such extended period as the Appeal Body may allow pursuant to paragraph (2)), a written notice of appeal setting out a statement of the facts and contentions on which the dentist intends to rely. 2 The convener may agree to an extension or further extension of the period of 42 days for lodging an appeal (either before or after that period has expired). 3 In any case in which a dentist appeals to the Appeal Body in terms of paragraph (1), that dentist shall also send a copy of the written notice of appeal to the Board. 4 The Board shall, within 21 days of the date of receipt of the copy notice of appeal referred to in paragraph (3), send to the Appeal Body a statement, signed and dated, saying whether or not the appeal is opposed. 5 The convener may agree to an extension or further extension of the period of 21 days referred to in paragraph (4) for lodging the statement by the Board (either before or after that period has expired). 6 On receipt of a notice of appeal, the Appeal Body shall appoint an Appeal Committee to determine the appeal and the Appeal Committee shall consist of the convener and two other persons, of whom– a one shall be drawn from the dentists appointed to the Appeal Body under regulation 4(1) following their nomination under regulation 4(2)(b); and b the other shall be drawn from the dentists appointed to the Appeal Body under regulation 4(1) following their nomination under regulation 4(2)(c). 7 If the appeal is opposed by the Board, the Board shall reply within 21 days of the receipt of a copy of the written notice of appeal under paragraph (3) and shall– a set out fully on what grounds the appeal is opposed; b specify any representations which the Board may desire to submit with regard to the information furnished by the dentist; and c send to the Appeal Body– i a certified copy of the application made by the dentist under regulation 2(1); ii a certified copy of the notice to the dentist and the statement of reasons specified in regulation 2(7); iii certified copies of any further written correspondence between the dentist and the Board in relation to the application; and iv any documentary evidence which the Board may desire to submit. 8 In connection with an appeal, the Appeal Committee may require such further particulars from the dentist and such documents in support of the dentist’s appeal, and may make such inquires of such persons as it thinks fit. 9 The Appeal Committee shall send to the dentist and to the Board (if the appeal is opposed) a copy of any comments made by such persons in reply to those inquiries and shall give the dentist and the Board (if the appeal is opposed) a period of 21 days beginning with the date on which the comments are sent to the respective parties in which to reply to such comments. 10 The Appeal Committee shall give notice to the dentist that the dentist may, within such period as is specified in the notice, require the Appeal Committee to give the dentist an opportunity of appearing before and being heard by that Committee. 11 The Appeal Committee shall appoint a date, time and place for the consideration of the appeal, and may, or shall if so required by the dentist, hold a hearing for that purpose. 12 If a hearing is to be held, the Appeal Committee shall appoint a date, time and place for the hearing and, not less than 21 days before the date, shall send notice to the dentist and to the Board informing them of such date, time and place. 13 At a hearing by the Appeal Committee, the dentist may appear and be heard in person or by counsel or a solicitor or by any other person on their behalf, and the Board may appear and be represented by counsel or a solicitor or by any duly authorised member or officer. 14 The dentist may withdraw the appeal at any time. 15 Where the dentist has required a hearing but does not appear and is not represented at the hearing, and the Appeal Committee are not satisfied that there was good reason for the failure to appear or be represented, they may treat the requirement as having been withdrawn and either hold no hearing or proceed with the hearing in the absence of the dentist. 16 If there is a hearing, the proceedings of the Appeal Committee shall be conducted in private, unless the dentist requests a public hearing. 17 The Appeal Committee shall determine the appeal and shall, within 10 days of that determination, notify the dentist and the Board in writing of their decision and the reasons for it. 18 Where the Board receives notice that a dentist’s appeal has been allowed, it shall allocate a vocational training number to the dentist, notify the dentist of that number within 10 days, and enter that number in its register of vocational training numbers. 19 Subject to the foregoing paragraphs, the procedure of the Appeal Body and of the Appeal Committee shall be such as that Body and Committee respectively thinks fit. Service of documents 6 Any notice or other document which is required or authorised by these Regulations to be given or sent– a to a dentist by the Board, the Appeal Body or an Appeal Committee may be given or sent by delivering it to the dentist or by sending it by post to the dentist at the dentist’s usual or last known address; b to a dentist in connection with an appeal under regulation 5 who is represented by a solicitor for the purposes of that appeal, may be given or sent (as an alternative to a method mentioned in paragraph (a)) by delivering it to the solicitor or by sending it by post to the solicitor at the solicitor’s usual or principal address; c to the Appeal Body or an Appeal Committee may be given or sent by delivering it to, or by sending it by post to, the Secretary of the Appeal Body at the address mentioned in the notice given under regulation 2(7). Amendment of the 1996 Regulations 7 1 The 1996 Regulations are amended in accordance with the following paragraphs. 2 In regulation 2(1)– i omit the definitions of “Appeal Body”, “appeal committee”, “ Council”, “Scottish Dental Vocational Training Committee”, “vocational training” and “vocational training certificate”; ii in the definition of “vocational training number” , for “regulation 6” substitute “regulation 2 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004 or under the provisions of regulation 6 of these regulations before its revocation”; 3 In regulation 5(2) (application for inclusion in the dental list) – a for “Council” substitute “NHS Education for Scotland ”; and b for “regulation 6” substitute “regulation 2 of the National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004”. 4 Omit regulations 6, 7 and 8. 5 For regulation 36, substitute– 36 Any notice or other document which is required or authorised by these Regulations (including terms of service) to be given or sent to a dentist by a Health Board may be given or sent by delivering it to him or sending it by post to him at his usual or last-known address. . 6 Omit Schedule 7. Transitional and Saving provision 8 1 Where, immediately before 5th July 2004, a dentist has commenced, but not completed, their vocational training under the 1996 Regulations, then in respect of such a dentist these Regulations shall apply subject to the following modifications:– a “vocational training” in these Regulations shall have the same meaning as it did in regulation 2(1) of the 1996 Regulations immediately before 5th July 2004; b a vocational training certificate shall be issued to the dentist by the Postgraduate Dental Dean, or a Director of Postgraduate General Dental Practice Education, provided that dentist would have been entitled to a vocational training certificate under the provisions of the 1996 Regulations in force immediately before 5th July 2004; c in regulation 2 i “vocational training certificate” shall mean a vocational training certificate issued under sub-paragraph (b) above; ii the word “satisfactorily” shall be omitted from sub-paragraph (b)(i) of paragraph (1); and iii the words “following satisfactory completion of vocational training” shall be omitted from sub-paragraph (a) of paragraph (4); and d regulation 3 shall be omitted. 2 Where immediately before 5th July 2004, a dentist has completed their vocational training under the 1996 Regulations but has not been issued with or refused a vocational training certificate in respect of that training under those Regulations, then in respect of such a dentist these Regulations shall apply subject to the following modifications:– a “vocational training” shall have the same meaning as in regulation 2(1) of the 1996 Regulations immediately before 5th July 2004; b a vocational training certificate shall be issued to the dentist by the Postgraduate Dental Dean, or a Director of Postgraduate General Dental Practice Education, provided that dentist would have been entitled to a vocational training certificate under the provisions of the 1996 Regulations in force immediately before 5th July 2004; and c in regulation 2– i “vocational training certificate” shall mean a vocational training certificate issued under sub-paragraph (b); ii the word “satisfactorily” shall be omitted from sub-paragraph (b)(i) of paragraph (1); and iii the words “following satisfactory completion of vocational training” shall be omitted from sub-paragraph (a) of paragraph 4; and d regulation 3 shall be omitted. 3 Where, immediately before 5th July 2004, a dentist has completed their vocational training under the 1996 Regulations and been issued with a vocational training certificate under those Regulations but has not applied for a vocational training number under those Regulations, then in respect of such a dentist these Regulations shall apply subject to the following modifications– a “vocational training” and “vocational training certificate” in these Regulations shall have the same meaning as in regulation 2(1) of the 1996 Regulations immediately before 5th July 2004; b in regulation 2 of these Regulations– i the word “satisfactorily” shall be omitted from sub-paragraph (b)(i) of paragraph (1); and ii the words “following satisfactory completion of vocational training” shall be omitted from sub-paragraph (a) of paragraph 4; and c regulation 3 shall be omitted. 4 Where, immediately before 5th July 2004, a dentist completed their vocational training under the 1996 Regulations, has been issued with a vocational training certificate and applied for a vocational training number under those Regulations but that application has not been determined, any such application shall be determined in accordance with regulation 2 of these Regulations and in respect of such a dentist these Regulations shall apply subject to the following modifications:– a “vocational training” and “vocational training certificate” in these Regulations shall have the same meaning as in regulation 2(1) of the 1996 Regulations immediately before 5th July 2004; b in regulation 2 of these Regulations– i the word “satisfactorily” shall be omitted from sub-paragraph (b)(i) of paragraph (1); and ii the words “following satisfactory completion of vocational training” shall be omitted from sub-paragraph (a) of paragraph 4; and c regulation 3 shall be omitted. 5 Where, immediately before 5th July 2004, a dentist, not being a dentist with a vocational training certificate issued under the 1996 Regulations, has applied under regulation 6 of those Regulations for a vocational training number but that application has not been determined, then these Regulations shall apply in respect of such a dentist and any such application shall be determined in accordance with regulation 2 of these Regulations except that the words “and that that experience or training has been completed within the last 5 years” shall be omitted from sub paragraph (b)(ii) of paragraph (1) of that regulation. 6 Where immediately before 5th July 2004, an applicant has received notice under regulation 6(7) of the 1996 Regulations of the refusal of a dental vocational training number under those Regulations but the period for making an appeal under regulation 8(1) of the 1996 Regulations has not expired, then the applicant shall be entitled to make an appeal under regulation 5(1) and the provisions of these Regulations shall apply to such an appeal except that in regulation 5– a the period of 42 days specified in paragraphs (1) and (2) shall be modified to however many days of the period set out in regulation 8(1) of the 1996 Regulations remain on 5th July 2004; and b the reference in paragraph (1) to regulation 2(7) shall be a reference to regulation 6(7) of the 1996 Regulations. 7 Where immediately before 5th July 2004, an applicant has made an appeal under regulation 8(1) of the 1996 Regulations but that appeal has not yet been determined, the provisions of these regulations and in particular regulation 5 of these Regulations, shall apply to any stages of the appeal still to be completed. TOM McCABE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th June 2004