Statutory Instrument 1993 No. 2210

The Dental Vocational Training Authority Regulations 1993

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© Crown Copyright 1993

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1993 No. 2210

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Dental Vocational Training Authority Regulations 1993

The Secretary of State for Health, in exercise of powers conferred on her by sections 16 and 126(4) of, and paragraphs 12 and 16 of Schedule 5 to, the National Health Service Act 1977^[1] and of all other powers enabling her in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Dental Vocational Training Authority Regulations 1993 and shall come into force on 1st October 1993.

    (2)  In these Regulations-

"the Authority" means the Dental Vocational Training Authority established by the Order;


"Chairman" means the Chairman of the Authority;


"member" means a member of the Authority other than the Chairman;


"non-officer member" means a member who is not the secretary;


"the Order" means the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993^[2];


"the 1990 Regulations" means the Family Health Services Authorities (Membership and Procedure) Regulations 1990^[3];


"the 1992 Regulations" means the National Health Service (General Dental Services) Regulations 1992^[4]; and


"secretary" means that member of the Authority appointed by the Secretary of State in accordance with the Order to act as secretary to the Authority.

Tenure of office
    2.    Subject to regulation 3 of these Regulations and to the provisions of the 1990 Regulations applied by these Regulations, the term of office of the Chairman and the members shall be 3 years.

Termination of tenure of office
    3.—(1)  The Chairman, and any member, may resign his office by giving notice in writing to the Secretary of State.

    (2)  The date on which a resignation takes effect shall be-
 (a) where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
 (b) in any other case, the date on which the notice is received by the Secretary of State.

    (3)  Where the Secretary of State is of the opinion that it is not in the interests of the health service that the Chairman or any member should continue to hold office, she may forthwith terminate his term of office.

    (4)  The Secretary of State shall terminate the term of office of the Chairman or of a non-officer member whose name is erased from the register kept under section 14 of the Dentists Act 1984^[5] or whose registration in that register is suspended.

    (5)  The secretary shall cease to hold office as a member where he ceases to hold the post of secretary.

    (6)  If the secretary is suspended from the post of secretary he shall be suspended from performing his functions as member for the period of his suspension.

Eligibility for re-appointment
    4.    Subject to the provisions of the Order as to qualification and disqualification, for appointment to the Authority, the Chairman and any member shall, on the termination of his term of office, be eligible for re-appointment.

Application of regulations relating to membership and procedure
    5.—(1)  Subject to regulation 3 of these Regulations, the following provisions of the 1990 Regulations shall apply as if any reference therein to an Authority included a reference to the Authority and as if references to the appointing authority were references to the Secretary of State-
 (a) in regulation 4 (termination of term of office), paragraphs (4), (5)(c), (7) and (8) (so far as it relates to paragraph (7));
 (b) regulation 6 so far as it applies for the purposes of regulation 4(7)(a);
 (c) regulation 13 (disability of members in proceedings on account of pecuniary interests), but as though the words ", by its standing orders," in paragraph 2 were omitted.

    (3)  Subject to any other provision of these Regulations and to the provisions of the 1992 Regulations, the Authority may regulate its own procedure.

Committees and exercise of functions
    6.    Subject to and in accordance with such directions as the Secretary of State may give under the Act, the Authority-
 (a) may, and if so directed by the Secretary of State shall, appoint committees of the Authority consisting wholly of members of the Authority; and
 (b) may make arrangements for the exercise on its behalf, by such a committee or by an officer of the Authority, of such of its functions as are not required by the 1992 Regulations to be exercised by the Authority itself, a particular committee or the secretary.

Reports by the Authority
    7.    The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each calendar year, as the Secretary of State may direct and shall furnish to the Secretary of State such information as she may from time to time require.

Signed by authority of the Secretary of State for Health

Brian Mawhinney

Minister of State, Department of Health

9th September 1993

These Regulations provide rules to govern the membership and procedure of the Dental Vocational Training Authority. This is a special health authority established by Order and which is to carry out, on behalf of Family Health Services Authorities in England and Wales their functions in respect of vocational training for dentists applying to be included in a dental list.

[1] 1977 c. 49. See section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), section 26(1), (2)(g), (i) for the definition of "prescribed" and "regulations", and section 126(4) was amended by the 1990 Act, section 65(2). back

[2] S.I. 1993/2211. back

[3] S.I. 1990/1330. back

[4] S.I. 1992/661, the relevant amending instrument is S.I. 1993/2209. back

[5] 1984 c. 24. back