Dentists Act 1984

1984 CHAPTER 24

An Act to consolidate the Dentists Acts 1957 to 1983, with an amendment to give effect to a recommendation of the Law Commission and the Scottish Law Commission.

[26th June 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)

C2 A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

C3 Act: transitional provisions for effects of SI 2005/2011 (31.7.2006) by The Dentists Act 1984 (Amendment) Order 2005 Transitional Provisions Order of Council 2006 (S.I. 2006/1671), arts. 1-11

Commencement Information

I1 Act partly in force 26.7.1984 and wholly in force 1.1.1985; see s. 55

Part I U.K. The General Dental Council

1 Constitution and general duties of the Council. U.K.

(1) There shall continue to be a body corporate known as the General Dental Council (in this Act referred to as “the Council”).

[F1 (2) The Council shall, when exercising their functions under this Act, have a general concern—

(a) to promote high standards of education at all its stages in all aspects of dentistry; and

(b) to promote high standards of professional conduct, performance and practice among persons registered under this Act.

(2A) The Council shall be constituted as provided by order of the Privy Council.

(2B) An order of the Privy Council made under subsection (2A) may contain such incidental, consequential, saving, transitional or supplementary provisions as appear to the Privy Council to be necessary or expedient.]

(3) Part I of Schedule 1 to this Act shall have effect in relation to the Council [F2 and, in particular, subsection (2A) above is subject to the provisions of that Part].

Textual Amendments

F1 S. 1(2)-(2B) substituted for s. 1(2)-(2C) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 3 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F2 Words in s. 1(3) added (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 1, 3(b)

2 Committees of the Council. U.K.

[F3 (1) There shall continue to be committees of the Council known as—

(a) the Professional Conduct Committee; and

(b) the Health Committee.

(2) There shall also be established committees of the Council to be known as—

(a) the Investigating Committee;

(b) the Professional Performance Committee;

(c) the Interim Orders Committee; and

(d) the Registration Appeals Committee.

(3) In this Act, “Practice Committee” means the Professional Conduct Committee, the Health Committee or the Professional Performance Committee.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (6) The committees of the Council mentioned in this section shall be constituted as provided by order of the Privy Council.

(7) An order of the Privy Council made under subsection (6) F5 ... may contain such incidental, consequential, saving, transitional or supplementary provisions as appear to the Privy Council to be necessary or expedient.

(8) Some or all of the members of the committees mentioned in this section may be persons who are not members of the Council.]

Textual Amendments

F3 S. 2(1)-(3) substituted for s. 2(1)-(4A) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 4(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F4 S. 2(6)-(8) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 6(d)

F5 Words in s. 2(7) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 4(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F6 2A. The Council’s duty to co-operate U.K.

(1) In the exercise of their functions, the Council shall co-operate in so far as reasonably practicable with public authorities, and other bodies and persons, falling within subsection (2).

(2) Public authorities, bodies and persons fall within this subsection if—

(a) they are concerned with the employment (whether or not under a contract of service) of registered dentists or registered dental care professionals;

(b) they provide, assess or fund education or training for those who are, or seek to become, registered dentists or registered dental care professionals, or they propose to do so;

(c) they regulate services in the provision of which registered dentists or registered dental care professionals are engaged;

(d) they carry out activities in connection with the services provided by the professions regulated under this Act; or

(e) they—

(i) are responsible for regulating or co-ordinating the regulation of health or social care professions not regulated under this Act, or

(ii) carry out activities in connection with the services provided by those professions.

(3) In carrying out their duty to co-operate under subsection (1), the Council shall have regard to any differing considerations in relation to the practice of dentistry which apply in England, Scotland, Wales and Northern Ireland.

Textual Amendments

F6 Ss. 2A-2D inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 5 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

2B. Annual and other reports U.K.

(1) The Council shall prepare a report for each calendar year on the exercise of their functions in that year.

(2) The Council must submit each report prepared under subsection (1) to the Privy Council within the calendar year after the year to which the report relates.

(3) The first report prepared under subsection (1) shall relate to the last complete calendar year before the commencement of this subsection.

(4) The Privy Council shall, as soon as reasonably practicable after a report is submitted to it under subsection (2), lay a copy of that report before each House of Parliament and the Scottish Parliament.

(5) The Council shall publish at least once in each calendar year a statistical report which indicates the efficiency and effectiveness of the arrangements they have put in place to protect the public from persons whose fitness to practise as a dentist or as a member of a profession complementary to dentistry is impaired, together with the Council’s observations on the report.

Textual Amendments

F6 Ss. 2A-2D inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 5 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

2C. Accounts U.K.

(1) The Council shall—

(a) keep accounts, and

(b) prepare a statement of accounts in respect of each calendar year,

in such form as the Privy Council may determine in writing.

(2) The Council shall appoint an auditor to audit each statement of accounts prepared in accordance with subsection (1)(b), and the auditor must prepare a report on each statement of accounts.

(3) The auditor appointed must be eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or article 28 of the Companies (Northern Ireland) Order 1990.

(4) The Council shall, as soon as reasonably practicable after the end of each calendar year—

(a) publish the statement of accounts for that year, together with the auditor’s report on it; and

(b) send a copy of the statement of accounts and the report to the Privy Council and the Comptroller and Auditor General.

(5) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts received under subsection (4) and for these purposes may inspect accounts kept by the Council in accordance with subsection (1)(a).

(6) The Comptroller and Auditor General shall send a copy of each report prepared by him under subsection (5) to the Council and the Privy Council.

(7) The Privy Council shall, as soon as reasonably practicable after the end of each calendar year, lay before each House of Parliament and the Scottish Parliament a copy of—

(a) the statement of accounts for that year as certified by the Comptroller and Auditor General;

(b) the auditor’s report for that year; and

(c) the report of the Comptroller and Auditor General for that year.

Textual Amendments

F6 Ss. 2A-2D inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 5 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

2D. Complaints U.K.

(1) The Council may incur expenditure for the purposes of investigating and resolving dental complaints.

(2) In this section “dental complaints” means complaints made by users of the services of registered dentists or the services of registered dental care professionals about—

(a) the dental services provided by a registered dentist, a registered dental care professional or a body corporate carrying on the business of dentistry; or

(b) the goods or materials provided to persons, or the facilities provided for persons, using those dental services.

(3) The Council may also incur expenditure for the purposes of assisting the parties to the dental complaint in reaching a satisfactory resolution of that complaint.]

Textual Amendments

F6 Ss. 2A-2D inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 5 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Part II U.K. Dental Education

Degrees and licences in dentistry U.K.

3 Power of medical authorities to hold examinations and grant licences in dentistry. U.K.

(1) Any medical authority who have power for the time being to grant surgical degrees may, notwithstanding anything in any enactment, charter or other document, hold examinations in dentistry and grant licences certifying the fitness of the holders to practise dentistry; and the holders’ names shall be entered on a list of licentiates in dentistry to be kept by the medical authority.

(2) Subsection (1) above is without prejudice to any power to grant a degree or licence in dentistry which a medical authority may possess apart from the provisions of this Act.

(3) In this section “medical authority” means any of the universities or other bodies who choose appointed members of the General Medical Council, . . . F7

(4) References in this Act to a dental authority are references to a medical authority who grant degrees, licences or other diplomas in dentistry.

Textual Amendments

F7 Words repealed by S.I. 1987/2047, art. 2(a), Sch.

4 Conduct of examinations for degrees and licences. U.K.

(1) For the purpose of any examinations to qualify for a degree or licence in dentistry held by—

(a) any university in England or Wales, Scotland or [F8 Northern Ireland],

(b) the Royal College of Surgeons of Edinburgh,

(c) the Royal College of Physicians and Surgeons of Glasgow, . . . F9

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

the Council or other governing body of the university or college may appoint a board of examiners.

(2) Each of these boards shall be called the Board of Examiners in Dental Surgery or Dentistry, and shall consist of not less than six members, of whom at least one half shall be registered dentists; and nothing in any enactment, charter or other document shall make it necessary for them to possess any other qualification.

(3) Persons appointed under this section shall continue in office for such period, and shall conduct the examinations in such manner, as the governing body appointing them may by byelaws or regulations direct.

(4) A casual vacancy in any such board of examiners may be filled by the governing body which appointed the board and the person so appointed—

(a) shall be a registered dentist if the person in whose place he is appointed was a registered dentist, and

(b) shall hold office for such time only as that other person would have held office.

(5) Such reasonable fees shall be paid for a degree or licence awarded after examination by a board of examiners under this section as the governing body by whom they were appointed may by byelaws or regulations direct and the degrees or licences awarded after examination by the board of examiners shall be in such form as that governing body may so direct.

(6) All byelaws and regulations made by a dental authority under this section, and any further byelaws or regulations altering or revoking them, shall be made in such manner, and subject to such approval or confirmation, if any, as in the case of other byelaws or regulations made by that dental authority.

Textual Amendments

F8 Word substituted by S.I. 1987/2047, art. 2(b)

F9 Words repealed by S.I. 1987/2047, art. 2(a), Sch.

5 Holding of examinations and grant of licences by Royal College of Surgeons of England. U.K.

The Royal College of Surgeons of England shall continue to hold examinations, and to appoint a board of examiners in dentistry, and to grant licences certifying the fitness of the holders to practise, subject to and in accordance with the provisions of their charter dated 8th September 1859 and the bye-laws made in pursuance of that charter; and the name of the holder of any licence so granted shall be entered on a list of licentiates in dentistry to kept by the College.

6 Requirements in relation to admission of candidates to examinations and grant of degrees and licences. U.K.

(1) A dental authority shall admit to the examinations held by them to qualify for a degree or licence in dentistry any person desirous of being examined who has complied with the regulations in force (if any) as to education laid down by the dental authority.

(2) Notwithstanding anything in any enactment, charter or other document, a dental authority shall not grant a degree or licence in dentistry to a person who has not attained the age of 21 years.

7 Effect of grant of degree or licence in dentistry. U.K.

A degree or licence in dentistry granted by a dental authority shall not confer any right or title to be registered under the M1 Medical Act 1983, nor to assume any name, title or designation implying that the holder of the degree or licence is by law recognised as a practitioner or licentiate in medicine or general surgery.

Marginal Citations

M1 1983 c. 54.

Supervision of dental education U.K.

8 Information to be furnished by dental authorities. U.K.

Every dental authority shall from time to time when required by the Council furnish them with such information as the Council may require—

(a) as to the course of study and examinations to be gone through in order to obtain a degree or licence in dentistry, or any additional diploma in dentistry, and

(b) generally as to the conditions laid down for obtaining such a degree, licence or diploma.

9 Supervision of instruction given by dental schools and post-graduate institutions. U.K.

(1) The Council may appoint persons to visit, subject to any directions which the Privy Council may deem it expedient to give and to compliance with any conditions specified in those directions, places where instruction is given—

(a) to dental students under the direction of a dental authority, or

(b) to post-graduate students in dentistry under the direction of a dental authority or any other body.

(2) Visitors appointed under this section shall report to the Council as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by the Council either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.

(3) On receiving a report of a visitor under this section, the Council shall send a copy of the report to the dental authority or other body under whose direction the instruction in question was given, and on receiving the copy that dental authority or body may, within such period (not being less than one month) as the Council may have specified at the time they sent the copy of the report, make to the Council observations on the report or objections to it.

(4) The Council shall, as soon as possible after the end of the period specified under subsection (3) above, send to the Privy Council a copy of the report and of any observations or objections duly made under that subsection, together with the Council’s comments on the report and on any such observations and objections.

(5) The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under this section.

10 Supervision of examinations. U.K.

(1) Any member of the Council or other person, being a member or person appointed for the purpose by the Council, may be present at any such examinations as are mentioned in section 8(a) above.

(2) The Council shall have power to remunerate persons so appointed who are not members of the Council for being present at the examinations.

11 Remedy where qualifying courses of study or examinations are inadequate. U.K.

(1) Where it appears to the Council that the course of study or the examinations to qualify for a degree or licence in dentistry granted by a dental authority is or are not such as to secure the possession by the graduates or licentiates of the requisite knowledge and skill for the efficient practice of dentistry, the Council may make a representation to that effect to the Privy Council; and on any such representation the Privy Council may, if they think fit, order that any degree or licence in dentistry granted by the dental authority after a time specified in the order shall not confer any right to be registered under this Act.

(2) The powers conferred by subsection (1) above upon the Council to make representations and upon the Privy Council to make orders may be exercised in respect of a specifically described degree or licence in dentistry granted by a dental authority.

(3) If an order is made under this section in respect of any degree or licence in dentistry granted by a dental authority, no person shall be entitled to be registered under this Act in respect of any such degree or licence granted after the time mentioned in the order.

(4) The Privy Council may, if it appears to them on a further representation from the Council or otherwise that the dental authority in question has made effectual provision to the satisfaction of the Council for the improvement of the course of study or examinations, revoke an order made under this section, but the revocation shall not entitle a person to be registered in respect of a degree or licence in dentistry granted before the revocation.

(5) Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just.

12 Candidates not to be required to adopt or reject particular theories of dentistry. U.K.

(1) If it appears to the Council that a dental authority have attempted to impose on any candidate offering himself for examination an obligation to adopt, or to refrain from adopting, the practice of any particular theory of dentistry as a test or condition of admitting him to examination or of granting a degree or licence in dentistry, the Council may make a representation to that effect to the Privy Council.

(2) On any such representation the Privy Council may direct the authority to desist from attempting to impose any such obligation, and if the authority do not comply with the direction the Privy Council may order that the authority shall cease to have power to grant degrees or licences in dentistry so long as they continue to attempt to impose any such obligation.

(3) Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just.

[F10 12A. Degrees and licences in dentistry U.K.

(1) A dental authority may grant a UK diploma in dentistry to a person only if the authority is satisfied that the person has successfully completed basic dental training.

(2) In this section—

• “basic dental training” means dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training);

• “UK diploma in dentistry” means—

  (a)

  a degree in dentistry that gives its holder the qualification of Bachelor of Dental Surgery (whether abbreviated as BDS or B.Ch.D.), or

  (b)

  a licence in dentistry that gives its holder the qualification of Licentiate in Dental Surgery.]

Textual Amendments

F10 S. 12A inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 110

Functions of Education Committee U.K.

F11 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F11 S. 13 omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of S.I. 2001/3926, art. 5(2)(b)

Part III U.K. The Dental Profession

Registration U.K.

[F12 14 The dentists register and the registrar U.K.

(1) There shall continue to be a register known as the dentists register (referred to in this Act as “the register”).

[F13 (1A) The register shall consist of three lists, namely—

(a) the principal list, which shall contain particulars of persons who under section 15 are entitled to be registered in the register;

(b) the list of temporary registrants, which shall contain particulars of persons who under section 17 are directed to be registered in the register; and

(c) the list of visiting dentists from relevant European States, which shall contain particulars of persons who under Schedule 4 are entitled to be registered in the register.]

(2) The register shall be kept by a registrar appointed by the Council.

(3) Any person appointed to the office of registrar shall hold the office for such period and shall receive such salary as may be fixed by the Council.

(4) The registrar shall perform such duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears to him sufficient.

(5) The registrar may delegate, either generally or specifically, any of his functions to any of the Council’s officers.

(6) A certificate purporting to be signed by the registrar, certifying that a person—

(a) is registered in the register,

(b) is not registered in the register,

(c) was registered in the register at a specified date or during a specified period,

(d) was not registered in the register at a specified date or during a specified period, or

(e) has never been registered in the register,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.]

Textual Amendments

F12 S. 14 inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 6 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F13 S. 14(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 111

15 Qualification for registration in the dentists register. U.K.

(1) Subject to the provisions of this Act the following persons shall be entitled to be registered in the dentists register in accordance with this Act, namely—

(a) any person who is a graduate or licentiate in dentistry of a dental authority;

[F14 (b) any exempt person who holds an appropriate European diploma;

(ba) any exempt person—

(i) whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations,

(ii) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and

(iii) who is permitted to pursue the profession of dentistry in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); and]

(c) any person who holds a recognised overseas diploma.

(2) In subsection (1) above—

• “appropriate European diploma” shall be construed in accordance with Schedule 2 to this Act;

• F15 ...

and in this Act “recognised overseas diploma” means a diploma granted in a country overseas and recognised for the time being by the Council for the purposes of this Act, and does not include an appropriate European diploma.

F16 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person shall not be entitled to be registered in the dentists register under [F17 paragraph (a), (b) or (ba) of subsection (1)] above unless he satisfies the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character; and

(c) that he is in good health, both physically and mentally.

(4) A person shall not be entitled to be registered in the dentists register under paragraph (c) of that subsection unless he satisfies the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character;

(c) that he has satisfied the Council that he has the requisite knowledge and skill;

(d) that [F18 he—

[F19 (i) is an exempt person, or]

(ii)] has the necessary knowledge of English; and

(e) that he is in good health, both physically and mentally.

[F20 [F21 (4A) Subsections (4B) to (4BC) apply in relation to an exempt person (“A”) who applies for registration under paragraph (b) or (ba) of subsection (1).

(4B) For the purposes of subsection (3)(b), the registrar shall accept as sufficient evidence of A’s good character a certificate which—

(a) attests to A’s good character or good repute; and

(b) is issued by a competent authority in A’s attesting State.

(4BA) If no such certificate is issued by a competent authority in A’s attesting State, for the purposes of subsection (3)(b) the registrar shall accept as sufficient evidence of A’s good character a certificate—

(a) attesting to the authenticity of a declaration on oath made by A—

(i) before a competent judicial or administrative authority, notary or qualified professional body of A’s attesting State, and

(ii) attesting to A’s good character; and

(b) issued by the authority, notary or body referred to in paragraph (a)(i).

In this subsection, “declaration on oath” includes a solemn declaration.

(4BB) For the purposes of subsection (3)(c), the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a) attests to A’s good physical and mental health; and

(b) is required of a person who wishes to practise dentistry in A’s attesting State.

(4BC) If no such certificate is required of persons who wish to practise dentistry in A’s attesting State, for the purposes of subsection (3)(c) the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a) attests to A’s good physical and mental health; and

(b) is issued by a competent authority in A’s attesting State.

(4BD) In subsections (4B) to (4BC) the “attesting State”, in relation to A, is—

(a) the relevant European State in which A obtained his dental qualification; or

(b) (if different) the relevant European State from which A comes to the United Kingdom.]

(4C) the registrar shall not accept any certificate referred to in [F22 subsection (4B), (4BA), (4BB) or (4BC)] if it is presented more than three months after the date on which it was issued.]

(5) An applicant for registration under subsection (1)(c)above has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of dentistry in the United Kingdom.

(6) The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.

F23 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 S. 15(1)(b)(ba) substituted for s. 15(1)(b) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(a)

F15 Words in s. 15(2) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(b)

F16 S. 15(2A) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(c)

F17 Words in s. 15(3) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(d)

F18 Word in s. 20(4)(d) substituted and (i)(ii) inserted (14.4.1998) by 1998/811, reg. 20(1)

F19 S. 15(4)(d)(i) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(e)

F20 S. 15(4A)-(4C) inserted (14.4.1998) by S.I. 1998/811, reg. 19

F21 S. 15(4A)-(4BD) substituted for s. 15(4A)(4B) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(f)

F22 Words in s. 15(4C) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(g)

F23 S. 15(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(h)

16 Supplementary provisions as to registration of holders of overseas diplomas. U.K.

(1) Except in a case falling within subsection (2) below the Council shall for the purpose of satisfying themselves that a person has the requisite knowledge and skill as mentioned in section 15(4)(c) above, and in addition to such other requirements as they may impose on him, require him to sit for examinations held by a dental authority, or a group of dental authorities, under arrangements made by the Council.

(2) If the diploma held by the person in question is of a kind recognised for the time being by the Council as furnishing such guarantees of that person’s possessing the requisite knowledge and skill as warrant dispensing with further inquiry, he shall be taken to have satisfied the Council that he has the requisite knowledge and skill.

[F24 (2A) In deciding for the purposes of section 15(4)(c) whether [F25 an exempt person] has the requisite knowledge and skill, the Council—

[F26 (a) shall take into account all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision;

(b) [F27 if the person holds a dental qualification which—

(i) was granted otherwise than in a relevant European State, but

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a dentist in that State,

shall take that acceptance into account; and]

(c) may treat a qualification which is not of a kind recognised for the time being by the Council as furnishing sufficient guarantees that he has the requisite knowledge and skill as if it were such a qualification.]

[F28 (2B) In the case of an exempt person who holds a dental qualification which—

(a) was granted otherwise than in a relevant European State, and

(b) has not previously been accepted by a relevant European State as qualifying him to practise as a dentist in that State,

the Council shall not determine that they are satisfied that that person has the requisite knowledge and skill as mentioned in section 15(4)(c) above unless the dental qualification is evidence of dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training).]

(3) For the purpose of satisfying themselves that it is appropriate to recognise under subsection (2) above any diploma granted by an overseas institution, the Council may appoint persons to visit that institution and to attend the examinations to be taken in order to obtain the diploma; and the persons so appointed shall report to the Council as to the sufficiency of the instruction given in the institution and as to the adequacy of the examinations concerned for testing the knowledge and skill of those taking them.

(4) The Council may—

(a) make regulations as to the examinations to be held for the purposes of this section and may include in the regulations provisions for withdrawing the right to sit for any such examinations from a person who has not first paid the fee prescribed by the regulations for sitting for the examinations or from a person who has previously failed to pass such examinations on such number of occasions as may be prescribed by the regulations; and

(b) appoint persons to attend any such examinations who shall report to the Council as to the adequacy of the examinations for testing the knowledge and skill of those taking them.

(5) The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under subsection (3) or (4)(b) above.

(6) The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.

(7) Regulations under subsection (4)(a) above shall not come into force until approved by order of the Privy Council.]

Textual Amendments

F24 S. 16(2A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(2)

F25 Words in s. 16(2A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 113(a)(i)

F26 S. 16(2A)(a)(b) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 6(3)

F27 S. 16(2A)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 113(a)(ii)

F28 S. 16(2B) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 113(b)

17 Temporary registration. U.K.

(1) Where the Council, with a view to permitting any person holding a recognised overseas diploma temporarily to practise dentistry in a particular post in a hospital or other institution, give a direction that he be registered as respects practice in that post in that hospital or institution for such period as may be specified in the direction, that person shall be entitled to be registered in the dentists register in accordance with this Act subject to the entry against his name of the restrictions specified in the direction.

(2) No direction shall be given under this section unless the persons concerned has satisfied the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character;

(c) that he has the requisite knowledge and skill for the efficient practice of dentistry in the post in question;

[F29 (d) that he—

[F30 (i) is an exempt person, or]

(ii) has the necessary knowledge of English; and]

(e) that he is in good health, both physically and mentally.

(3) An applicant for registration under this section has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of dentistry in the United Kingdom.

[F31 (3A) In deciding for the purposes of subsection (2)(c) whether [F32 an exempt person] has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account [F33 all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision], and any acceptance by [F34 a relevant European State other than the United Kingdom] of his right to practise as a dentist in that State.]

(4) Registration under this section shall not make it lawful for a person to practise dentistry otherwise than subject to the restrictions specified in the relevant direction nor constitute him a registered dentist for the purposes of Schedule 1 to this Act.

(5) The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.

Textual Amendments

F29 S. 17(2)(d) substituted (14.4.1998) by S.I. 1998/811, reg. 20(3)(a)

F30 S. 17(2)(d)(i) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 114(a)

F31 S. 17(3A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(3)(b)

F32 Words in s. 17(3A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 114(b)(i)

F33 Words in s. 17(3A) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 6(4)(a)

F34 Words in s. 17(3A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 114(b)(ii)

Procedure for registration U.K.

18 Procedure for registration. U.K.

(1) [F35 Subject to subsection (3) below, any right to registration under section 15 above] [F36 in the register] shall be conditional on the making of an application supported by such evidence as is required by subsection (2) below.

[F37 (2) Any person applying to be registered [F38 in the register] shall produce or send to the registrar—

(a) the document conferring or evidencing his licence or other qualification;

(b) a statement of his name and address and the other particulars (if any) required for [F39 registration.]

F40 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F41 (2A) An exempt person (“A”) applying to be registered in the register shall (in addition to the document and statement mentioned in subsection (2)) produce or send to the registrar—

(a) if A is applying to be registered in exercise of entitlement under section 15(1)(b), (ba) or (c) and is a national of a relevant European State, proof of A’s nationality;

(b) if A is applying to be registered in exercise of entitlement under section 15(1)(b), (ba) or (c) and is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person;

(c) if A—

(i) is applying to be registered in exercise of entitlement under section 15(1)(b),

(ii) holds a diploma listed in Annex V, point 5.3.2 of the Directive (evidence of basic formal qualifications of dental practitioners), and

(iii) has successfully completed dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training),

a certificate as mentioned in subsection (2B).

(2B) The certificate—

(a) must be a certificate issued by a competent authority in A’s attesting State (as defined by section 15(4BD)); and

(b) must certify that the document produced or sent by A under subsection (2)(a) is a diploma listed in relation to that State in Annex V, point 5.3.2 of the Directive.]

(3) A dental authority may from time to time transmit to the registrar certified lists of the persons who are graduates or licentiates of that body in dentistry, stating the qualifications and places of residence of the persons included in the lists; and on receiving any such lists the registrar shall, subject to the provisions of this Act, duly register [F42 in the register] those persons.

Textual Amendments

F35 Words in s. 18(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 115(a)

F36 Words in s. 18(1) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 7(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F37 S. 18(2) substituted (1.7.1996) by S.I. 1996/1496, reg. 2(4)

F38 Words in s. 18(2) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 7(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F39 Word in s. 18(2)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 115(b)(i)

F40 S. 18(2)(c) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 115(b)(ii)

F41 S. 18(2A)(2B) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 115(c)

F42 Words in s. 18(3) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 7(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

19 Regulations with respect to the register. U.K.

(1) [F43 Subject to subsection (1A), the Council] may make regulations with respect to the form and keeping of the register and the making of entries and erasures in it, and in particular—

(a) prescribing a fee to be charged on the entry of a name in the register or on the restoration of any entry to the register;

(b) prescribing a fee to be charged in respect of the retention in the register of the name of a person first registered after 28th July 1921 in any year subsequent to the year in which that person was first registered;

(c) providing for the registration in and removal from the register in prescribed circumstances of additional diplomas held by a registered dentist and prescribing a fee to be charged in respect of the registration;

(d) authorising the registrar (notwithstanding anything in this Act) to refuse to make in or restore to the register any entry until a fee prescribed by regulations under this section has been paid.

[F44 (1A) Regulations under this section shall not prescribe fees in respect of registration in the list mentioned in section 14(1A)(c).]

[F45 (2) Regulations under this section may authorise the registrar to erase from the register the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed under subsection (1)(b).

(2A) Where a person’s name has been erased by virtue of regulations under this section, that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of—

(a) section 15(3)(a) to (c);

(b) section 26A; and

(c) any rules made under section 34B which apply to his case.

(2B) Where the registrar refuses to restore a person’s name to the register under subsection (2A), the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it.]

F46 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Words in s. 19(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 116(a)

F44 S. 19(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 116(b)

F45 S. 19(2)-(2B) substituted for s. 19(2) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 8(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F46 S. 19(3)(4) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 8(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F47 20 Selection of proper abbreviations of overseas diplomas. U.K.

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

Textual Amendments

F47 S. 20 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 9 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F48 21 Notification of reasons for refusal of application for registration etc. U.K.

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

Textual Amendments

F48 S. 21 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 9 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F49 21A Notification of results of application U.K.

(1) This section applies where a person (“A”) makes an application to be registered in the register in exercise of entitlement under section 15.

(2) The registrar, within the period of one month beginning with the date of receipt of the application, must—

(a) acknowledge receipt of the application; and

(b) inform A of any missing document required for the purposes of the application.

(3) The registrar must notify A of the result of the application—

(a) in the case of an application for registration in exercise of entitlement under section 15(1)(a), (b) or (c), within the period of three months beginning with the relevant date;

(b) in the case of an application for registration in exercise of entitlement under section 15(1)(ba), within the period of four months beginning with the relevant date.

(4) The “relevant date”, in relation to an application, is—

(a) the date when the registrar receives the application; or

(b) if any document required for the purposes of the application is missing when the registrar receives the application, the date on which the registrar first has all the documents required for those purposes.]

Textual Amendments

F49 S. 21A substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 117

Publication of the register U.K.

[F50 22 Publication of the register U.K.

(1) The registrar shall make available to members of the public in such form as he considers appropriate—

(a) the names of persons appearing in the register;

(b) the qualifications of persons appearing in the register; and

(c) such other details as the Council may direct.

(2) For the purposes of subsection (1), the registrar may provide a member of the public with a copy of, or extract from, the register, and any such copy or extract shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.]

Textual Amendments

F50 S. 22 substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 10 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Erasures and alterations in the register U.K.

23 Erasure of names of deceased persons and of those who have ceased to practise. U.K.

(1) The registrar shall erase from the register the name of every deceased person; and on registering the death of a registered dentist a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar of the dentists register a copy certified under his hand of the entry in the register of deaths relating to the death.

(2) If a registered dentist has ceased to practise, the registrar may with his consent erase his name from the register.

(3) The registrar may send by post to a registered dentist a notice inquiring whether he has ceased to practise or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, he may erase the dentist’s name from the register.

[F51 (4) Where a person’s name has been erased from the register under subsection (2) or (3) or at his request, then, unless the original entry of his name was incorrectly made or fraudulently procured, the name shall be restored to the register on his application if he satisfies the registrar that he meets the requirements of—

(a) section 15(3)(a) to (c);

(b) section 26A; and

(c) any rules made under section 34B which apply to his case.]

F52 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 S. 23(4) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 11(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F52 S. 23(5) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 11(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F53 24 Erasure on grounds of fraud or error U.K.

(1) If the registrar is satisfied that any entry in the register has been incorrectly made, he shall erase that entry from the register.

(2) If the registrar has reason to believe that any entry in the register has been fraudulently procured, he shall refer the matter to the Professional Conduct Committee to determine the question of whether that entry has been fraudulently procured.

(3) If the Professional Conduct Committee determine that the entry has been fraudulently procured, they may direct that the entry shall be erased from the register.

(4) Where a person’s name has been erased from the register under subsection (3), that person may apply to the Council for his name to be restored to the register.

(5) The Council shall refer an application under subsection (4) to the Professional Conduct Committee.

(6) The Professional Conduct Committee shall determine an application referred under subsection (5) and may decide—

(a) that the person’s name is to be restored to the register;

(b) that the person’s name is not to be restored to the register; or

(c) that the person’s name is not to be restored to the register until the end of such period as they shall specify.

(7) If the Professional Conduct Committee give a direction under subsection (3) or a decision under subsection (6), the registrar shall forthwith serve on the person concerned notification of the direction or decision and (except in the case of a decision under subsection (6)(a)) of his right to appeal against it under section 29.]

Textual Amendments

F53 S. 24 substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 12 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F54 25 Alteration of names and addresses. U.K.

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

Textual Amendments

F54 S. 25 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 13 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F55 Registration appeals U.K.

Textual Amendments

F55 S. 25A and cross-heading inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 14 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

25A. Registration appeals U.K.

Schedule 2A to this Act (registration appeals: dentists register) shall have effect.]

Use of titles and descriptions U.K.

26 Use of titles and descriptions. U.K.

(1) A registered dentist shall by virtue of being registered be entitled to take and use the description of dentist, dental surgeon or dental practitioner.

(2) A registered dentist shall not take or use, or affix to or use in connection with his premises, any title or description reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the register in respect of him.

(3) If the Council are of opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, they may by regulations prescribe appropriate titles and conditions under which they may be used; and the use of a prescribed title under the prescribed conditions shall not constitute a contravention of subsection (2) above.

(4) In the case of any prescribed title regulations under subsection (3) above may provide—

(a) for a list to be kept by the Council of the names of registered dentists who are qualified under such regulations to use that title; and

(b) for any registered dentist who is so qualified to be entitled to have his name entered in the list;

and where regulations so provide as aforesaid nothing in that subsection shall permit that title to be used by any such dentist unless his name has been entered in the list.

[F56 (4A) The Council may make regulations—

(a) prescribing a fee to be charged on the entry of a name in a list for the time being kept by them under subsection (4), or on the restoration of any entry to such a list;

(b) prescribing a fee to be charged in respect of the retention of the name of a person in such a list.

(4B) Regulations under subsection (4A) may in particular authorise the registrar—

(a) to refuse to make in or restore to a list for the time being kept by the Council under subsection (4) any entry until a fee prescribed by the regulations has been paid; and

(b) to erase from such a list the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed by the regulations in respect of the retention of a person’s name in that list.]

F57 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any person who contravenes subsection (2) F58 ... above shall be liable on summary conviction to a fine not exceeding the third level on the standard scale.

[F59 (7) The Council shall from time to time publish any list for the time being kept by them under subsection (4).]

Textual Amendments

F56 S. 26(4A)(4B) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 15(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F57 S. 26(5) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 15(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F58 Words in s. 26(6) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 15(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F59 S. 26(7) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 15(d) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F60 Insurance U.K.

Textual Amendments

F60 S. 26A and cross-heading inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 16 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

26A. Insurance U.K.

(1) A registered dentist must be covered by adequate and appropriate insurance throughout the period during which he is registered in the register.

(2) In this section “adequate and appropriate insurance” means insurance of a type and amount which rules under this section specify as adequate and appropriate.

(3) A person seeking registration in the register must supply the registrar with evidence that, if his name were to be entered in the register, he would be covered by adequate and appropriate insurance commencing, at the latest, on the date on which his name was so entered.

(4) A registered dentist seeking the retention of his name in the register must, before the commencement of the period for which he is seeking the retention of his name in the register, supply the registrar with evidence that he is covered by adequate and appropriate insurance.

(5) A person seeking the restoration of his name to the register must supply the registrar with evidence that, if his name were to be restored to the register, he would be covered by adequate and appropriate insurance commencing, at the latest, on the date on which his name was so restored.

(6) The registrar may at any other time require a registered dentist to supply him with evidence that he is covered by adequate and appropriate insurance, and a registered dentist must comply with such a requirement as soon as reasonably practicable.

(7) A registered dentist or (as the case may be) a person seeking registration in, or restoration of his name to, the register must inform the registrar forthwith if he is no longer covered by adequate and appropriate insurance or (as the case may be) arrangements under which he would be covered by such insurance are no longer in place.

(8) If a person fails to comply with the requirements of this section, the registrar may—

(a) refuse to register his name in the register;

(b) refuse to restore his name to the register;

(c) erase his name from the register; or

(d) refer the matter to the Investigating Committee under section 27(5)(a) as if the person’s failure to comply with the requirements of this section constituted an allegation that his fitness to practise as a dentist is impaired by reason of misconduct for the purposes of section 27.

(9) Where a person’s name has been erased from the register under subsection (8)(c), that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of—

(a) section 15(3)(a) to (c);

(b) this section; and

(c) any rules made under section 34B which apply to his case.

(10) In this section “insurance” means—

(a) a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a dentist; or

(b) an arrangement made for the purpose of indemnifying a person against such liabilities.]

Professional conduct and fitness to practise U.K.

[F61 26B. Guidance U.K.

(1) The Council shall prepare and from time to time issue guidance as to the standards of conduct, performance and practice expected of registered dentists.

(2) Such guidance may make different provision in relation to different cases or classes of case.

(3) The Council shall keep such guidance under review and may vary or withdraw it whenever they consider it appropriate to do so.

(4) The Council shall from time to time publish guidance issued under this section.

(5) Before issuing such guidance or varying or withdrawing it, the Council shall consult—

(a) such persons to whom subsection (6) applies as the Council consider appropriate;

(b) the bodies within subsection (8); and

(c) such bodies to which subsection (9) applies as the Council consider appropriate.

(6) This subsection applies to persons who appear to the Council to be representative of one or more of the following—

(a) users of the services of registered dentists;

(b) users of the services of registered dental care professionals;

(c) registered dentists;

(d) registered dental care professionals;

(e) employers of registered dentists; and

(f) employers of registered dental care professionals.

(7) The Council shall exercise their function under subsection (5)(a) so that the persons consulted are, taken together, representative of all the categories of person mentioned in subsection (6)(a) to (f).

(8) The bodies within this subsection are—

(a) Primary Care Trusts in England;

(b) Local Health Boards in Wales;

(c) Health Boards in Scotland; and

(d) Health and Social Services Boards in Northern Ireland.

(9) This subsection applies to bodies which make arrangements, for the provision of dental services, with one or both of the following—

(a) registered dentists,

(b) registered dental care professionals,

but are not within subsection (8).

(10) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance to any person.]

Textual Amendments

F61 S. 26B inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 17 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F62 27 Allegations U.K.

(1) This section applies where an allegation is made to the Council against a registered dentist that his fitness to practise as a dentist is impaired.

(2) A person’s fitness to practise as a dentist shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a) misconduct;

(b) deficient professional performance;

(c) adverse physical or mental health;

(d) a conviction or caution in the United Kingdom for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(e) the person having—

(i) accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal), or

(ii) agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);

(f) the person, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely; or

(g) a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that the person’s fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

(3) It does not matter whether the allegation is based on a matter alleged to have occurred—

(a) outside the United Kingdom; or

(b) at a time when the person was not registered in the register.

(4) This section also applies in a case where—

(a) it comes to the attention of the Council that a registered dentist’s fitness to practise as a dentist may be impaired on one or more of the grounds mentioned in subsection (2), but

(b) no allegation to that effect has been made to the Council against that person,

and in such a case this Act shall apply as if an allegation or allegations to the effect that the person’s fitness to practise as a dentist is impaired on the ground or grounds in question had been made to the Council against that person.

(5) The registrar—

(a) shall refer the allegation to the Investigating Committee; and

(b) may also, if he considers it appropriate, refer the allegation to the Interim Orders Committee.

(6) The registrar shall investigate the allegation for the purpose of exercising his functions under subsection (5).

(7) In this section—

(a) “enactment” includes—

(i) a provision of, or an instrument made under, an Act of the Scottish Parliament,

(ii) a provision of, or an instrument made under, Northern Ireland legislation, and

(iii) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978); and

(b) “regulatory body” means a regulatory body which has the function of authorising persons to practise as members of a health or social care profession.]

Textual Amendments

F62 Ss. 27-28 substituted for ss. 27, 28 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 18 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F62 27A. The Investigating Committee U.K.

(1) Where the registrar refers an allegation under section 27 to the Investigating Committee they shall investigate the allegation and determine whether the allegation ought to be considered by a Practice Committee.

(2) If the Investigating Committee determine that the allegation ought not to be considered by a Practice Committee, the Investigating Committee may—

(a) issue a warning or advice to the person who is the subject of the allegation regarding his future conduct, performance and practice; and

(b) issue advice to any other person involved in the investigation on any issue arising in the course of the investigation.

(3) If the Investigating Committee issue a warning under subsection (2)(a), they may, if they consider it appropriate to do so, direct the registrar to enter details of that warning in the entry in the register relating to the person who is the subject of the allegation.

(4) Unless subsection (5) applies, if the Investigating Committee determine that the allegation ought to be considered by a Practice Committee, the Investigating Committee—

(a) shall refer the allegation—

(i) to the Professional Performance Committee, in the case of an allegation based on the ground mentioned in section 27(2)(b) (deficient professional performance),

(ii) to the Health Committee, in the case of an allegation based on the ground mentioned in section 27(2)(c) (adverse physical or mental health), or

(iii) to the Professional Conduct Committee, in any other case; and

(b) may also, if they consider it appropriate, refer the allegation to the Interim Orders Committee.

(5) This subsection applies in a case where two or more allegations under section 27 relating to the same person have been referred to the Investigating Committee and those allegations are—

(a) an allegation based on the ground mentioned in section 27(2)(b) and an allegation or allegations based on any other grounds mentioned in section 27(2); or

(b) an allegation based on the ground mentioned in section 27(2)(c) and an allegation or allegations based on any other grounds mentioned in section 27(2).

(6) Where subsection (5) applies, and the Investigating Committee determine that two or more of those allegations ought to be considered by a Practice Committee, the Investigating Committee—

(a) shall refer those allegations to whichever one of the Practice Committees they consider most appropriate; and

(b) may also, if they consider it appropriate, refer those allegations to the Interim Orders Committee.

(7) The registrar shall serve notification of any determination made by the Investigating Committee under subsection (1) on the person who is the subject of the allegation and on the person (if any) making the allegation.

(8) The Investigating Committee may review and if they consider it appropriate revise a determination made by them that an allegation or allegations ought to be considered by a particular Practice Committee—

(a) on a reference back to them from that Practice Committee under section 27B(4); or

(b) on an application made by the Council, the registrar, the person who is the subject of the allegation or allegations or any person making the allegation or allegations, but only if such review is carried out—

(i) where there is to be a hearing before that Practice Committee, before the commencement of that hearing, or

(ii) where there is not to be a hearing before that Practice Committee, before that Practice Committee have begun to consider written statements or representations.

(9) Subsection (2) applies to a determination by the Investigating Committee, following a review under subsection (8), that an allegation or allegations ought not to be considered by a Practice Committee, as it applies to a determination under subsection (1) that an allegation ought not be considered by a Practice Committee.

(10) If the Investigating Committee determine, under subsection (1) or following a review under subsection (8), that an allegation or allegations against a person ought not to be considered by a Practice Committee, they shall, at the same time, revoke with immediate effect any interim order which has been made under section 32 in respect of that person in consequence of that allegation or those allegations.

Textual Amendments

F62 Ss. 27-28 substituted for ss. 27, 28 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 18 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

27B. The Practice Committees U.K.

(1) Subject to subsection (4), a Practice Committee must investigate an allegation or allegations against a person referred to them by the Investigating Committee under section 27A and determine whether that person’s fitness to practise as a dentist is impaired.

(2) In making a determination under subsection (1), the Practice Committee may take into account whether the person who is the subject of the allegation or allegations has complied with any relevant parts of the guidance issued under section 26B, but that question is not of itself determinative of whether a person’s fitness to practise as a dentist is impaired.

(3) If the person who is the subject of an allegation or allegations is also registered in the dental care professionals register, a Practice Committee shall, in exercising their function under subsection (1), make a separate determination under section 36P(1) (fitness to practise as a member of a profession complementary to dentistry).

(4) Where a Practice Committee consider that any allegation should not have been referred to them by the Investigating Committee under section 27A, they may refer that allegation back to the Investigating Committee.

(5) If a Practice Committee determine that a person’s fitness to practise as a dentist is not impaired, they—

(a) shall publish at his request a statement to that effect; or

(b) may publish such a statement if he consents.

(6) If a Practice Committee determine that a person’s fitness to practise as a dentist is impaired, they may, if they consider it appropriate, direct—

(a) (subject to subsection (7)) that the person’s name shall be erased from the register;

(b) that his registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction;

(c) that his registration in the register shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests; or

(d) that he shall be reprimanded in connection with any conduct or action of his which was the subject of the allegation.

(7) The direction specified in subsection (6)(a) shall not be given following a determination that a person’s fitness to practise as a dentist is impaired solely on the ground mentioned in section 27(2)(c) (adverse physical or mental health).

(8) Where a Practice Committee give a direction under subsection (6), the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under paragraph (d) of that subsection) of his right to appeal against it under section 29.

(9) Where a Practice Committee make a determination under subsection (1) as to a person’s fitness to practise as a dentist, they shall, at the same time, revoke any interim order which has been made under section 32 in respect of that person in consequence of the allegation, or allegations, to which that determination relates.

(10) The revocation of an interim order under subsection (9) shall take effect—

(a) in the case of a determination that the person’s fitness to practise is not impaired, forthwith;

(b) in the case of a direction given under paragraph (d) of subsection (6), forthwith; and

(c) in the case of a direction given under paragraph (a), (b) or (c) of subsection (6), subject to section 30(5), from the time when—

(i) any direction given under those paragraphs takes effect in accordance with section 29A,

(ii) an appeal under section 29 against the decision giving such a direction is determined under section 29(3)(b) or (c), or

(iii) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

Textual Amendments

F62 Ss. 27-28 substituted for ss. 27, 28 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 18 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

27C. Resumed hearings U.K.

(1) Where a Practice Committee have given a direction under section 27B(6)(b) or subsection (2)(d) or (3) of this section that a person’s registration should be suspended, they may direct—

(a) that the suspension shall be terminated;

(b) that the current period of suspension shall be extended for such further period, specified in the direction and not exceeding twelve months, beginning with the date on which it would otherwise expire;

(c) that the suspension shall be terminated and the person’s registration in the register shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests; or

(d) that the person’s registration in the register shall be suspended indefinitely, if—

(i) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years, and

(ii) the direction is made not more than two months before the date on which the period of suspension would otherwise expire.

(2) Where a Practice Committee have given a direction under section 27B(6)(c), subsection (1)(c) or (5)(c) of this section or section 28(6)(b) imposing conditional registration, they may give one or more of the following directions—

(a) a direction that the registration shall cease to be conditional from a date specified in the direction;

(b) a direction that the current period of conditional registration shall be extended for such further period, specified in the direction and not exceeding three years, beginning with the date on which it would otherwise expire;

(c) a direction that one or more of the conditions imposed on the registration shall be varied or revoked, or that those conditions shall be added to, as specified in the direction; or

(d) a direction that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.

(3) Where a Practice Committee—

(a) have given a direction under section 27B(6)(c), subsection (1)(c), (2)(b) or (c) or (5)(c) of this section or section 28(6)(b) imposing conditions on a person’s registration, or extending a period of conditional registration, in the register, or

(b) have made an order under section 32(4)(b) for interim conditional registration,

and the Practice Committee determine that at any time during the period for which that direction or order has effect the person has failed to comply with any condition imposed on his registration, the Practice Committee may direct that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.

(4) Where a Practice Committee have given a direction under subsection (1)(d) that a person’s registration is to be suspended indefinitely, they must review the direction if—

(a) the person requests them to do so;

(b) at least two years have elapsed since the date on which the direction took effect; and

(c) if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the last such review decision.

(5) On such a review a Practice Committee may—

(a) direct that the suspension shall be terminated;

(b) confirm the direction to suspend the person’s registration indefinitely; or

(c) direct that the suspension shall be terminated and the person’s registration in the register shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests.

(6) Where a Practice Committee give a direction under this section, the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under subsection (1)(a), (2)(a) or (5)(a) or a direction under subsection (2)(c) that a condition or conditions shall be revoked) of his right to appeal against it under section 29.]

Textual Amendments

F62 Ss. 27-28 substituted for ss. 27, 28 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 18 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F62 28 Restoration of names to the register following erasure under section 27B U.K.

(1) A person whose name has been erased from the register in accordance with a direction under section 27B(6)(a) may apply to the registrar for his name to be restored to the register.

(2) No application under this section for the restoration of a person’s name to the register shall be made—

(a) before the end of the period of five years beginning with the date on which the direction for erasure took effect; or

(b) within twelve months of the date on which an earlier application for the restoration of his name was made.

(3) The registrar shall refer an application to the Professional Conduct Committee.

(4) When considering an application, the Professional Conduct Committee may, if they consider it necessary and appropriate in a particular case, direct the applicant to do one or both of the following—

(a) produce such evidence as to his fitness to practise as a dentist as the Professional Conduct Committee shall specify;

(b) meet such further requirements, including requirements as to education and training, as the Professional Conduct Committee shall specify.

(5) An application shall not be granted unless the applicant satisfies the Professional Conduct Committee that—

(a) he is fit to practise as a dentist;

(b) he meets the requirements of section 15(3)(a) to (c);

(c) he meets the requirements of any rules made under section 34B which apply to his case; and

(d) he meets any other requirements imposed in a direction under subsection (4)(b).

(6) Where the Professional Conduct Committee grant an application, they may give one or both of the following directions—

(a) a direction that the restoration of a person’s name to the register shall be conditional on his satisfying the registrar that he meets the requirements of section 26A (insurance);

(b) a direction that a person’s registration in the register shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Professional Conduct Committee think fit to impose for the protection of the public or in his interests.

(7) If the Professional Conduct Committee refuse to grant an application, the registrar shall forthwith serve on the applicant notification of the Professional Conduct Committee’s decision and of his right to appeal against it under section 29.

(8) If the Professional Conduct Committee grant an application, the registrar shall forthwith serve on the applicant notification of the Professional Conduct Committee’s decision, and, in a case where a direction has been given under subsection (6)(b), of his right to appeal against that direction under section 29.

(9) Where, during the same period of erasure, a second or subsequent application under this section by the same person is unsuccessful, the Professional Conduct Committee may direct that his right to make any further such applications shall be suspended indefinitely.

(10) If the Professional Conduct Committee give a direction under subsection (9), the registrar shall forthwith serve on the person concerned notification of the direction and of his right to appeal against it under section 29.

(11) Any person in respect of whom a direction has been given under subsection (9) may, after the end of the period of three years beginning with the date on which the direction took effect, apply to the registrar for the direction to be reviewed by the Professional Conduct Committee and, thereafter, may make further applications for review; but no such application may be made before the end of the period of three years beginning with the date of the most recent review decision.

(12) On a review under subsection (11), the Professional Conduct Committee may—

(a) confirm the direction under subsection (9); or

(b) direct that the person concerned may make an application under subsection (1).]

Textual Amendments

F62 Ss. 27-28 substituted for ss. 27, 28 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 18 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

29 Appeals. U.K.

[F63 (1) The following decisions are appealable decisions for the purposes of this section—

(a) a decision of the Professional Conduct Committee under section 24—

(i) giving a direction for erasure of a person’s name from the register under subsection (3) of that section, or

(ii) refusing an application to restore a person’s name to the register, or refusing to restore his name until the end of a specified period, under subsection (6) of that section;

(b) a decision of a Practice Committee under section 27B or 27C giving a direction for erasure, for suspension, for conditional registration or for varying or adding to the conditions imposed by a direction for conditional registration; and

(c) a decision of the Professional Conduct Committee under section 28—

(i) refusing to grant an application to restore a person’s name to the register,

(ii) giving a direction for conditional registration under subsection (6)(b) of that section, or

(iii) giving a direction under subsection (9) of that section suspending indefinitely the right to make further applications under that section.

(1A) In subsection (1)—

(a) a reference to a direction for suspension includes a reference to a direction extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction for conditional registration includes a reference to a direction extending a period of conditional registration.

(1B) Subject to subsection (1C), a person in respect of whom an appealable decision has been made may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 24(7), 27B(8), 27C(6) or 28(7), (8) or (10), appeal against the decision to the relevant court.

(1C) Where—

(a) any notification of a decision required to be served on a person under any of the provisions specified in subsection (1B) is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.

(1D) In subsection (1B) “the relevant court”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session;

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court in Northern Ireland; and

(c) in the case of any other person, means the High Court in England and Wales.]

F64 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65 (3) On an appeal under this section, the court may—

(a) dismiss the appeal,

[F66 (b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee, the Professional Performance Committee or (as the case may be) the Health Committee, or

(d) remit the case to the Professional Conduct Committee, the Professional Performance Committee or (as the case may be) the Health Committee to dispose of the case under section 24, 27B, 27C or 28 in accordance with the directions of the court,]

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.]

(4) The Council may appear as respondent on any appeal under this section; and for the purpose of [F67 any order as to costs (or, in Scotland, expenses) in relation to] any such appeal the Council shall be deemed to be a party to it, whether they appear on the hearing of the appeal or not.

Textual Amendments

F63 S. 29(1)-(1D) substituted for s. 29(1)(1A) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 19(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F64 S. 29(2) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(2)(c), 42(3), Sch. 9 Pt. 2 (with s. 31(7)(8)); S.I. 2003/833, art. 3(a)(c) (with art. 4)

F65 S. 29(3) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(2)(d), 42(3) (with s. 31(7)(8)); S.I. 2003/833, art. 3(a) (with art. 4)

F66 S. 29(3)(b)-(d) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 19(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F67 Words in s. 29(4) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 8 para. 16; S.I. 2003/833, art. 3(b) (with art. 4)

Modifications etc. (not altering text)

C4 S. 29 modified (temp.) (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(8), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)

[F68 29A. Taking effect of directions for erasure, suspension, conditional registration etc. U.K.

(1) This section applies to—

(a) a direction for erasure given by the Professional Conduct Committee under section 24(3);

(b) a direction for erasure, suspension, conditional registration or variation of or addition to the conditions of registration given by a Practice Committee under section 27B or 27C; and

(c) a direction for conditional registration given by the Professional Conduct Committee under section 28(6)(b).

(2) A direction to which this section applies shall take effect—

(a) where no appeal under section 29 is brought against the decision giving the direction within the period of time specified in subsection (1B) of that section, on the expiry of that period;

(b) where such an appeal is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or

(c) where such an appeal is brought and is not withdrawn or struck out for want of prosecution, on the dismissal of the appeal.

(3) Where the period of time for appealing against a decision giving a direction is extended under section 29(1C)—

(a) subsection (2) shall apply to the direction as if the reference in paragraph (a) of that subsection to the period of time specified in section 29(1B) were a reference to that period as so extended, and

(b) if the authorisation is given after the expiry of the period of time specified in section 29(1B), the direction shall be deemed not to have taken effect on the expiry of that period,

and any reference in this Act to the time when such a direction takes effect in accordance with this section shall be construed accordingly.

(4) In this section—

(a) a reference to a direction for suspension includes a reference to a direction extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction for conditional registration includes a reference to a direction extending a period of conditional registration.]

Textual Amendments

F68 S. 29A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 20 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F69 30 Orders for immediate suspension and immediate conditional registration U.K.

(1) On giving a direction for erasure or for suspension under section 24(3), section 27B(6)(a) or (b) or section 27C(2)(d) or (3) in respect of any person, the Practice Committee giving the direction, if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of that person, may order that his registration shall be suspended forthwith in accordance with this section.

(2) On giving a direction for conditional registration under section 27B(6)(c), section 27C(1)(c) or (5)(c) or section 28(6)(b) in respect of any person, the Practice Committee giving the direction, if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of that person, may order that his registration shall be made conditional forthwith in accordance with this section.

(3) Where, on the giving of a direction, an order under subsection (1) or (2) is made in respect of a person, his registration in the register shall, subject to subsection (6), be suspended or made conditional, as the case may be, from the time when the order is made until the time when—

(a) the direction takes effect in accordance with section 29A;

(b) an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) Where a Practice Committee make an order under subsection (1) or (2), the registrar shall forthwith serve on the person in respect of whom it is made notification of the order and of his right to make an application under subsection (7).

(5) Where a Practice Committee make an order under subsection (1) or (2) in respect of a person, and an interim order under section 32 in respect of that person has been revoked by virtue of section 27B(9), that revocation shall take effect, subject to subsection (6), from the time when the order under subsection (1) or (2) is made.

(6) If, when an order under subsection (1) or (2) is made, the person in respect of whom it is made is neither present nor represented at the proceedings, subsections (3) and (5) shall have effect as if, in each case, for the reference to the time when the order is made, there were substituted a reference to the time when notification of the order is served under subsection (4).

(7) A person in respect of whom an order under subsection (1) or (2) is made may apply to the court for an order terminating any suspension imposed under subsection (1) or any conditional registration imposed under subsection (2), and the decision of the court on any such application shall be final.

(8) In subsection (7) “the court”—

(a) in the case of a person whose address in the register is in Scotland, means the Court of Session;

(b) in the case of a person whose address in the register is in Northern Ireland, means the High Court in Northern Ireland; and

(c) in the case of any other person, means the High Court in England and Wales.]

Textual Amendments

F69 S. 30 substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 21 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F70 31 Special provisions where directions replace, or extend periods under, previous directions. U.K.

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

Textual Amendments

F70 S. 31 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 22 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F71 32 Interim orders U.K.

(1) This section applies to the Professional Conduct Committee, the Professional Performance Committee, the Health Committee and the Interim Orders Committee, and any reference in this section to a “Committee” is a reference to any of those Committees.

(2) The Interim Orders Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the registrar under section 27(5)(b);

(b) by the Investigating Committee under section 27A(4)(b) or (6)(b); or

(c) by a Practice Committee in accordance with rules under paragraph 7(1)(c) of Schedule 3.

(3) A Practice Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the Investigating Committee under section 27A(4)(a) or (6)(a); or

(b) by another Practice Committee in accordance with rules under paragraph 7(1)(a) of Schedule 3.

(4) Where a Committee are satisfied that it is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the person’s registration to be suspended or to be made subject to conditions, the Committee may make—

(a) an order that his registration in the register shall be suspended during such period not exceeding 18 months as may be specified in the order (an “interim suspension order”); or

(b) an order that his registration shall be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions so specified as the Committee think fit to impose (an “order for interim conditional registration”).

(5) Subject to subsection (11), where a Committee have made an interim suspension order or an order for interim conditional registration they—

(a) shall review it within the period of six months beginning with the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—

(i) before the end of the period of six months beginning with the date of the decision of the immediately preceding review, or

(ii) if after the end of the period of three months beginning with the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and

(b) may review it where new evidence relevant to the order has become available after the making of the order.

(6) Where an interim suspension order or an order for interim conditional registration has been made in relation to a person under any provision of this section (including this subsection), the Committee that made the order may—

(a) revoke the order;

(b) make an order adding to, varying or revoking any condition imposed by the order;

(c) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former; or

(d) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former.

(7) If a Committee make an order under any provision of this section—

(a) the registrar shall forthwith serve notification of the order on the person to whose registration it relates; and

(b) that order shall take effect from the time on which the notification mentioned in paragraph (a) is served.

(8) The Council may apply to the court for an order made by a Committee under subsection (4) or (6) to be extended, and may apply again for further extensions.

(9) On each such application the court may extend (or further extend) for up to twelve months the period for which the order has effect.

(10) Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.

(11) For the purposes of subsection (5) the first review after the court’s extension of an order made by a Committee or after a replacement order made by a Committee under subsection (6)(c) or (d) shall take place—

(a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (5), within the period of six months beginning with the date on which the court ordered the extension or on which a replacement order under subsection (6)(c) or (d) was made; and

(b) if it had been reviewed under subsection (5), within the period of three months beginning with that date.

(12) Where an interim order has effect under any provision of this section, the court may—

(a) in the case of an interim suspension order, terminate the suspension,

(b) in the case of an order for interim conditional registration, revoke the order or revoke, vary or add to any condition imposed by the order,

(c) in either case, substitute for the period specified in the order (or in an order extending it) some other period which could have been specified in the order (or in the order extending it) when it was made,

and the decision of the court on any application under this subsection shall be final.

(13) In this section “the court” has the meaning given by section 30(8).]

Textual Amendments

F71 S. 30 substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 23 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F72 Supplementary provisions] U.K.

Textual Amendments

F72 S. 33 and cross-heading substituted for s. 33 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 24 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F72 33 Supplementary provisions relating to fitness to practise cases U.K.

(1) While a person’s registration in the register is suspended by virtue of a direction or order under this Part—

(a) he shall be treated, except as provided in subsection (2), as not being registered in the register notwithstanding that his name still appears in it; but

(b) sections 27, 27A, 27B and 27C shall continue to apply to him.

(2) While a person’s registration in the register is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 34A as if his registration were not suspended.

(3) Where any such direction as is mentioned in section 27C(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given while a person’s registration is subject to conditions or suspended by virtue of a direction under this Part, his registration shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration would cease to be conditional or suspended, as the case may be, and the time when—

(a) the direction takes effect in accordance with section 29A;

(b) an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) If, on the determination of an appeal under section 29, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

(5) Subsection (3) is subject to any order made under section 30(1) or (2).

(6) Schedule 3 to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) shall have effect.]

[F73 33A. Recording of suspension or conditional registration etc. U.K.

(1) Where a direction or order under this Part for suspension, conditional registration or variation of or addition to the conditions of registration takes effect in relation to a person, the registrar shall make a note in the register of that fact and of the period for which that person’s registration is to be suspended or made conditional.

(2) The registrar shall erase that note from the register at such time as the direction or order ceases (for any reason) to have effect.

(3) In this section—

(a) a reference to a direction or order for suspension includes a reference to a direction or order extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction or order for conditional registration includes a reference to a direction or order extending a period of conditional registration.

(4) Where a direction under section 24(3) or 27B(6)(a) (direction for erasure from the register) in respect of a person takes effect, the registrar shall remove that person’s name from the register.

(5) Where a decision under section 24(6)(a) or 28 that a person’s name is to be restored to the register takes effect, the registrar shall restore that person’s name to the register.

Textual Amendments

F73 Ss. 33A-33C inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 25 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

33B. The Council’s power to require disclosure of information U.K.

(1) For the purpose of assisting the Council or any of their committees in carrying out functions under this Part, the Council may require a person (“the relevant party”) whose fitness to practise as a dentist is in question, to provide details of any person—

(a) by whom the relevant party is employed to provide services in, or in relation to, any area of dentistry; or

(b) with whom he has an arrangement to provide such services.

(2) For the purpose of assisting the Council or any of their committees in carrying out functions under this Part in respect of a person’s fitness to practise as a dentist, the Council may require any person (except the person in respect of whom the information or document is sought) to supply any information or produce any document in his custody or under his control which appears to the Council relevant to the discharge of those functions.

(3) Nothing in this section shall require or permit any disclosure of information which is prohibited by any relevant enactment.

(4) For the purposes of subsection (3), “relevant enactment” means any enactment other than—

(a) this Act; or

(b) the non-disclosure provisions within the meaning of Part 4 of the Data Protection Act 1998 (see section 27 of that Act).

(5) A person shall not be required to supply any information or produce any document under subsection (2) which he could not be compelled to supply or produce in civil proceedings before the relevant court.

(6) In subsection (5) “the relevant court” means—

(a) if the person’s address in the register is in Scotland or, if he is not registered in the register, he is resident there, the Court of Session;

(b) if the person’s address in the register is in Northern Ireland or, if he is not registered in the register, he is resident there, the High Court in Northern Ireland;

(c) in any other case, the High Court in England and Wales.

(7) If a person fails to supply any information or produce any document within 14 days of being required to do so under subsection (1) or (2), the Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

(8) In subsection (7), “the relevant court” means the county court or, in Scotland, the sheriff.

(9) In subsection (8), “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person who fails to supply the information or produce the document; and in this subsection, “address” means, where the person is registered, his address in the register, or, where he is not registered in the register, the address where he resides.

(10) For the purposes of subsection (4), “enactment” includes—

(a) a provision of, or an instrument made under, an Act of the Scottish Parliament;

(b) a provision of, or an instrument made under, Northern Ireland legislation; and

(c) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978).

Textual Amendments

F73 Ss. 33A-33C inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 25 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

33C. Notification and disclosure by the Council U.K.

(1) As soon as reasonably practicable after an allegation as to a person’s fitness to practise as a dentist has been referred to the Investigating Committee under section 27(5)(a), the Council shall inform the following persons of that fact—

(a) the Secretary of State, the Department of Health, Social Services and Public Safety in Northern Ireland, the Scottish Ministers and the National Assembly for Wales; and

(b) any person in the United Kingdom to whom subsection (2) applies.

(2) This subsection applies to a person if the Council are aware that he—

(a) employs the person concerned to provide services in, or in relation to, any area of dentistry; or

(b) has an arrangement with the person concerned for that person to provide such services.

(3) The Council or the registrar may disclose to any person any information relating to a person’s fitness to practise as a dentist, including information relating to an allegation under section 27, where they consider it to be in the public interest for the information to be disclosed.]

Textual Amendments

F73 Ss. 33A-33C inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 25 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F74 34 Restoration of name erased under s. 27. U.K.

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

Textual Amendments

F74 S. 34 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 26 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F75 Professional training and development requirements U.K.

Textual Amendments

F75 Ss. 34A, 34B and preceding cross-heading inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 8

[F76 34A Professional training and development requirements U.K.

(1) Rules shall require registered dentists to undertake such professional training and development as may be specified in the rules.

(2) If it appears to the registrar that a person has failed to comply with the requirements of rules made under subsection (1), the registrar may erase the person’s name from the register.

(3) Where a person’s name has been erased from the register under subsection (2), that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of—

(a) section 15(3)(a) to (c);

(b) section 26A; and

(c) any rules made under section 34B which apply to his case.

(4) Rules shall specify the procedures to be followed before the registrar—

(a) may erase a person’s name from the register under subsection (2); or

(b) may make a decision whether or not to restore a person’s name to the register under subsection (3).

(5) Where, in the course of proceedings under this Part, it appears to the Investigating Committee, a Practice Committee or the Interim Orders Committee that a person to whose registration the proceedings relate may be failing to meet the requirements of rules made under subsection (1), that Committee may refer the question of whether he is failing to meet them to the registrar.]

Textual Amendments

F76 S. 34A substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 27 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F77 34AA. Limits on section 34A as respects visiting dentists from relevant European States U.K.

(1) Subsections (1) and (2) of section 34A, so far as relating to a person (“P”) who is a registered dentist only as a result of being in the list mentioned in section 14(1A)(c), have effect subject to, respectively, subsections (2) and (3) of this section.

(2) Rules made under section 34A(1)—

(a) may not impose requirements on P if P is required to undertake, in P’s home State, professional training and development in relation to the profession of dentistry; and

(b) where they impose requirements on P—

(i) shall take account of the fact that P is a fully qualified dentist in P’s home State, and

(ii) shall specify that professional training and development which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(3) The registrar’s power under section 34A(2) is exercisable in relation to P only if it also appears to the registrar that, in the circumstances of the case, erasure from the register is an appropriate and proportionate sanction in view of P’s continued lawful establishment in dental practice in P’s home State.

(4) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established in dental practice.]

Textual Amendments

F77 S. 34AA inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 118

[F78 34B Restoration of name to the register: professional training and development U.K.

(1) Rules shall specify the requirements as to professional training and development to be met by a person who seeks the restoration of his name to the register following its erasure under any provision of this Part.

(2) Rules under this section must not require a person to do anything which amounts to the practice of dentistry.]]

Textual Amendments

F78 S. 34B substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 27 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Effect of disqualification in [F79 a relevant European] State U.K.

Textual Amendments

F79 Words in s. 35 cross-heading substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(a)

35 Effect on registration of disqualification in [F80 a relevant European] State. U.K.

(1) A person who is subject to a disqualifying decision in [F81 a relevant European State] in which he is or has been established in dental practice shall not be entitled to be registered under section 15(1)(b) [F82 or (ba)] above.

(2) A disqualifying decision in [F83 a relevant European State] in respect of a person is a decision made by responsible authorities in that State and—

(a) expressed to be made on the grounds that he has committed a criminal offence [F84 or on grounds related to his professional conduct, professional performance or physical or mental health], and

(b) having in that State the effect either that he is no longer registered or otherwise officially recognised as a dental practitioner, or that he is prohibited [F85 (whether on a permanent or temporary basis)] from practising there.

(3) If a person is registered under section 15(1)(b) [F86 or (ba)] above when he is subject to a disqualifying decision the registrar, on being satisfied that the person was at that time and still is subject to the decision, shall remove his name from the register.

F87 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88 (5) Where on or after the date on which a person was registered by virtue of section 15(1)(b) [F89 or (ba)] a disqualifying decision relating to him comes into force, this Part shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.]

Textual Amendments

F80 Words in s. 35 side-note substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(a)

F81 Words in s. 35(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(b)

F82 Words in s. 35(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(c)

F83 Words in s. 35(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(b)

F84 Words in s. 35(2)(a) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 28(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F85 Words in s. 35(2)(b) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(d)

F86 Words in s. 35(3) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(c)

F87 S. 35(4) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 28(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F88 S. 35(5) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 28(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F89 Words in s. 35(5) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 119(c)

[F90 Visiting dentists from relevant European States] U.K.

Textual Amendments

F90 S. 36 cross-heading substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 120(a)

36 [F91 Visiting dentists from relevant European States] . U.K.

Schedule 4 to this Act (which makes provision for persons established in dental practice in other [F92 [F93 relevant European] States] to render dental services during a visit to the United Kingdom, F94 ...) shall have effect.

Textual Amendments

F91 S. 36 side-note substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 120(a)

F92 Words in s. 36 substituted (1.7.1996) by S.I. 1996/1496, reg. 6(2)

F93 Words in s. 36 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 120(b)

F94 Words in s. 36 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 120(c)

[F95 The Directive: designation of competent authority etc. U.K.

Textual Amendments

F95 Ss. 36ZA, 36ZB and cross-heading inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 121

36ZA. The Directive: designation of competent authority etc. U.K.

(1) The Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to dentistry.

(2) The designation under subsection (1)—

(a) does not extend to matters relating to training to be, or qualifications or practice as, a specialist in orthodontics or in oral surgery;

(b) does not extend to the awarding of UK diplomas in dentistry.

(3) Accordingly, the Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 4ZA so far as those functions relate to matters other than specialist matters (as respects those functions so far as relating to specialist matters, see regulation 4 of, and Schedule A1 to, the European Primary and Specialist Dental Qualifications Regulations (S.I. 1998/811)); and for this purpose each of the following is a “specialist matter”—

(a) training to be a specialist in orthodontics or oral surgery;

(b) qualifications as such a specialist;

(c) practice as such a specialist.

(4) Each dental authority is designated as a competent authority in the United Kingdom for the purposes of awarding UK diplomas in dentistry.

(5) In subsection (4) “UK diploma in dentistry” means—

(a) a degree in dentistry that gives its holder the qualification of Bachelor of Dental Surgery (whether abbreviated as BDS or B.Ch.D.); or

(b) a licence in dentistry that gives its holder the qualification of Licentiate in Dental Surgery (LDS).

(6) In Schedule 4ZA—

• “non-UK dental qualification” means a dental qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom;

• “UK dental qualification” means a dental qualification that is awarded to a person by a competent authority in the United Kingdom.

36ZB. Fees for provision of certificates U.K.

The Council may charge such reasonable fees as they may determine to cover the cost of providing any of the certificates referred to in Schedule 4ZA.]

[F96 PART 3A U.K. Professions Complementary to Dentistry

Textual Amendments

F96 Pt. 3A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 29 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Introductory U.K.

36A. Professions complementary to dentistry U.K.

(1) For the purposes of this Act, a profession complementary to dentistry is a profession—

(a) the majority of whose members work in connection with the provision of dental care—

(i) with persons receiving such care, or

(ii) with persons registered in the dentists register or the dental care professionals register established by section 36B; and

(b) in respect of which the regulatory body is not a body (other than the Council) regulated by the Council for the Regulation of Health Care Professionals under section 25 of the National Health Service Reform and Health Care Professions Act 2002.

(2) The Council may by regulations specify—

(a) a profession complementary to dentistry; or

(b) a class of members of a profession complementary to dentistry.

(3) Regulations under subsection (2) specifying a profession or class of members must also specify a title which applies to that profession or class.

(4) Regulations under subsection (2) shall not come into force until approved by order of the Privy Council.

(5) Before making regulations under subsection (2), the Council shall consult organisations appearing to the Council to be representative of the professions, or classes of members of professions, specified in the proposed regulations.

(6) The following provisions of this Part apply in relation to all members of a profession complementary to dentistry except those members of a profession or class in relation to which no regulations under subsection (2) are in force.

Education and registration U.K.

36B. The dental care professionals register U.K.

(1) There shall be a register of members of professions complementary to dentistry to be known as the dental care professionals register.

[F97 (1A) The dental care professionals register shall consist of two lists, namely—

(a) the principal list, which shall contain particulars of persons who under section 36C are entitled to be registered in the dental care professionals register; and

(b) the list of visiting dental care professionals from relevant European States, which shall contain particulars of persons who under section 36Z3 are entitled to be registered in the dental care professionals register.]

(2) The dental care professionals register shall be kept by the registrar.

(3) Subsections (4) and (5) of section 14 apply to the register established under this section, and to the registrar’s duties as keeper of that register, as they apply to the dentists register and to the registrar’s duties in respect of the dentists register.

(4) Rules may make provision relating to the form of the dental care professionals register and the manner in which it is to be kept.

(5) A person may not be registered in the dental care professionals register except under one or more of the titles specified in regulations under section 36A(2).

(6) A certificate purporting to be signed by the registrar, certifying that a person—

(a) is registered in the dental care professionals register under a particular title,

(b) is not registered in that register under a particular title,

(c) was registered in that register under a particular title at a specified date or during a specified period,

(d) was not registered in that register under a particular title at a specified date or during a specified period, or

(e) has never been registered in that register under a particular title,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.

Textual Amendments

F97 S. 36B(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 122

36C. Qualifications for registration U.K.

(1) Subject to the provisions of this Act, a person shall be entitled to be registered under a particular title in the dental care professionals register if he satisfies the registrar—

(a) [F98 in a case where the title concerned applies to the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists] —

(i) of matter A, B or C, and

(ii) of matter D; and

(b) in any other case—

(i) of matter A or C, and

(ii) of matter D.

(2) Matter A is that the person holds a qualification or qualifications approved by the Council under section 36D(2) in relation to the profession, or class of members of a profession, to which the title applies.

[F99 (3) Matter B is that the person—

(a) is an exempt person; and

(b) is permitted to practise in the United Kingdom as a member of the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists (as the case may be) by virtue of Part 3 of the General Systems Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations).]

(4) Matter C is that the person—

(a) holds a qualification or qualifications granted by an institution or institutions outside the United Kingdom relevant to the profession complementary to dentistry, or class of members of such a profession, to which the title applies (in this section referred to as “relevant qualifications”);

(b) has satisfied the Council that he has the requisite knowledge and skill to practise as a member of the profession or class to which the title applies; and

(c) [F100 except where he is an exempt person,] has the knowledge of English which, in the interests of himself and his patients, is necessary for practising in the United Kingdom as a member of the profession or class to which the title applies.

(5) For the purpose of establishing whether a person has the requisite knowledge and skill for the purposes of subsection (4)(b), the Council—

(a) in all cases—

(i) shall take into account all that person’s relevant qualifications, and all relevant knowledge or experience, wherever acquired, and

(ii) may determine that a person must perform to the satisfaction of the Council in any test or assessment specified in the determination; and

[F101 (b) in the case of an exempt person who holds a relevant qualification which—

(i) was granted otherwise than in a relevant European State, and

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying the person to practise in that State as a member of the profession or class to which the title applies,

shall take that acceptance into account.]

(6) Matter D is—

(a) the person’s identity;

(b) that he is of good character; and

(c) that he is in good health, both physically and mentally.

F102 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98 Words in s. 36C(1)(a) substituted (28.7.2006) by The European Qualifications (Professions Complementary to Dentistry) Regulations 2006 (S.I. 2006/1718), regs. 1, 3(a)

F99 S. 36C(3) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 123(a)

F100 Words in s. 36C(4)(c) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 123(b)

F101 S. 36C(5)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 123(c)

F102 S. 36C(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 123(d)

36D. Education and training for members of professions complementary to dentistry U.K.

(1) For each regulated profession or class, the Council shall, from time to time—

(a) determine the appropriate standard of proficiency which, in their opinion, is required for a person to practise competently and safely as a member of the profession or class; and

(b) specify the content and standard of the education and training (including practical experience) which, in their opinion, is required for imparting the knowledge and skills necessary for a person to obtain that proficiency.

(2) Where the Council are satisfied that—

(a) a qualification granted by an institution in the United Kingdom is evidence of having reached the standard of proficiency for a regulated profession or class determined under subsection (1),

(b) a qualification which such an institution proposes to grant will be such evidence, or

(c) two or more qualifications granted or to be granted as mentioned in paragraph (a) or (b), taken together, are or will be such evidence,

the Council may approve that qualification or those qualifications in relation to that regulated profession or class.

(3) The matters determined or specified under subsection (1), and the qualifications approved under subsection (2), shall be published by the Council from time to time in such form as appears to them to be appropriate.

(4) The Council shall ensure that establishments providing or overseeing courses of education or training for persons who seek registration under a title in the dental care professionals register are notified of—

(a) the matters for the time being determined or specified under subsection (1); and

(b) the qualifications for the time being approved under subsection (2).

(5) Rules shall make provision for the withdrawal of approval given under subsection (2) in such circumstances as may be specified in the rules.

(6) Rules may make provision for the appointment by the Council of persons to visit establishments which provide or oversee, or seek to provide or oversee, courses of education or training for persons referred to in subsection (4), for the purposes of advising and reporting back to the Council upon matters connected with such courses, including—

(a) the sufficiency of instruction provided or overseen by, or to be provided or overseen by, those establishments;

(b) the suitability of a particular qualification for approval under subsection (2); and

(c) whether approval of a particular qualification ought to be withdrawn under rules under subsection (5).

(7) Rules may make provision—

(a) for the appointment by the Council of persons to attend examinations (or other forms of assessment) taken by persons attempting to obtain qualifications approved under subsection (2); and

(b) for persons appointed under paragraph (a) to report back to the Council on their findings.

(8) In this section “regulated profession or class” means a profession complementary to dentistry, or class of members of such a profession, specified in regulations under section 36A(2).

Procedure for registration U.K.

36E. Rules relating to the dental care professionals register U.K.

Rules may make provision relating to—

(a) the form of an application by a person seeking registration under a title [F103 in the principal list of the dental care professionals register] ;

(b) the manner in which an application under paragraph (a) is to be made;

(c) the evidence and information which an applicant must supply in support of an application under paragraph (a);

(d) the details which must be entered in the dental care professionals register; and

(e) the procedure for the making, alteration and deletion of entries in that register.

Textual Amendments

F103 Words in s. 36E(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 124

36F. Fees U.K.

(1) [F104 Subject to subsection (1A), the Council] may by regulations—

(a) prescribe a fee to be charged on—

(i) the entry of a person’s name in the dental care professionals register under a title (including a name already registered in that register under another title or titles),

(ii) the restoration of a person’s name to that register under a title (including a name already registered in that register under another title or titles), or

(iii) the entry in that register of additional qualifications held by a registered dental care professional;

(b) prescribe a fee to be charged in respect of the retention of a person’s name under a title or titles in the dental care professionals register for each period of twelve months;

(c) provide for the payment by instalments of a fee prescribed by regulations under paragraph (b);

(d) authorise the registrar (notwithstanding anything in this Act) to refuse to make in, or restore to, the dental care professionals register any entry until a fee prescribed by regulations under this section has been paid.

[F105 (1A) Regulations under this section shall not prescribe fees in respect of registration in the list mentioned in section 36B(1A)(b).]

(2) The Council may by regulations provide that where a person, after such notices and warnings as may be provided for in the regulations, fails to pay a fee prescribed by regulations under subsection (1)(b), the registrar may erase that person’s name from registration under all titles under which that person is registered in the dental care professionals register.

(3) Where a person’s name has been erased from registration under a particular title by virtue of regulations under subsection (2), that name shall be restored to the dental care professionals register under that title on that person’s application if he satisfies the registrar—

(a) of Matter D within the meaning of section 36C; and

(b) that he meets the requirements of—

(i) section 36L, and

(ii) any rules made under section 36Z2 which apply to his case.

(4) Where, under subsection (3), the registrar refuses to restore a person’s name to the dental care professionals register under a title, the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it.

Textual Amendments

F104 Words in s. 36F(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 125(a)

F105 S. 36F(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 125(b)

Publication of the dental care professionals register U.K.

36G. Publication of the dental care professionals register U.K.

(1) The registrar shall make available to members of the public in such form as he considers appropriate—

(a) the names of persons appearing in the dental care professionals register;

(b) the title or titles under which a person is registered in that register;

(c) the qualifications of persons appearing in that register; and

(d) such other details as the Council may direct.

(2) For the purposes of subsection (1), the registrar may provide a member of the public with a copy of, or extract from, the dental care professionals register, and any such copy or extract shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.

Erasures and alterations in the dental care professionals register U.K.

36H. Erasure of names of deceased persons and of those who have ceased to practise U.K.

(1) The registrar shall erase the name of a deceased person from registration under all titles under which that person is registered in the dental care professionals register; and on registering the death of a registered dental care professional, a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

(2) Where a person is registered in the dental care professionals register under a title applying to a particular profession, or class of members of a profession, and has ceased to practise as a member of that profession or class, the registrar may, with that person’s consent, erase his name from registration in that register under that title.

(3) The registrar may send by post to a registered dental care professional a notice inquiring whether he has ceased to practise as a member of a particular profession complementary to dentistry, or class of members of such a profession, or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, the registrar may erase that person’s name from registration under all titles under which that person is registered in the dental care professionals register.

(4) Where, under subsection (2) or (3) or at a person’s request, a person’s name has been erased from registration under a particular title, that name shall be restored to the dental care professionals register under that title on that person’s application if the conditions specified in subsection (5) are met.

(5) The conditions referred to in subsection (4) are that—

(a) the original entry of the person’s name in the dental care professionals register under the title in question was not incorrectly made or fraudulently procured;

(b) the person satisfies the registrar of Matter D within the meaning of section 36C; and

(c) the person also satisfies the registrar that he meets the requirements of—

(i) section 36L, and

(ii) any rules made under section 36Z2 which apply to his case.

36I. Erasure on grounds of fraud or error U.K.

(1) If the registrar is satisfied that any entry in the dental care professionals register has been incorrectly made, he shall erase that entry from that register.

(2) If the registrar has reason to believe that any entry in the dental care professionals register has been fraudulently procured, he shall refer the matter to the Professional Conduct Committee to determine the question of whether that entry has been fraudulently procured.

(3) If the Professional Conduct Committee determine that the entry in the dental care professionals register has been fraudulently procured, they may direct that the name of the person to whom the entry relates shall be erased from registration under all titles under which he is registered in that register.

(4) Where a person’s name has been erased from registration under a particular title under subsection (3), that person may apply to the Council for his name to be restored to that register under that title.

(5) The Council shall refer an application under subsection (4) to the Professional Conduct Committee.

(6) The Professional Conduct Committee shall determine an application referred under subsection (5) and may decide—

(a) that the person’s name is to be restored to the dental care professionals register under the title in question;

(b) that the person’s name is not to be restored to that register under the title in question; or

(c) that the person’s name is not to be restored to that register under the title in question until the end of such period as the Professional Conduct Committee shall specify.

(7) If the Professional Conduct Committee give a direction under subsection (3) or a decision under subsection (6), the registrar shall forthwith serve on the person concerned notification of the direction or decision and (except in the case of a decision under subsection (6)(a)) of his right to appeal against it under section 36S.]

[F106 Registration appeals U.K.

Textual Amendments

F106 S. 36J and cross-heading inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 30 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

36J. Registration appeals U.K.

Schedule 4A to this Act (registration appeals: dental care professionals register) shall have effect.]

[F107 Use of titles and descriptions U.K.

Textual Amendments

F107 Ss. 36K-36V and cross-heading inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 31 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

36K. Use of titles and descriptions U.K.

(1) A registered dental care professional shall not take or use, or affix to or use in connection with his premises—

(a) any description reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the dental care professionals register in respect of him; or

(b) any title specified in regulations under section 36A(2) except the title or titles under which he is registered in the dental care professionals register.

(2) Any person who contravenes subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Insurance U.K.

36L. Insurance U.K.

(1) A registered dental care professional must, in relation to each title under which he is registered in the dental care professionals register, be covered by adequate and appropriate insurance throughout the period during which he is so registered under that title.

(2) In this section “adequate and appropriate insurance”, in relation to a title specified in regulations under section 36A(2), means insurance of a type and amount which rules under this section specify as adequate and appropriate in relation to that title.

(3) A person seeking registration in the dental care professionals register under a particular title (whether or not he is already registered in that register under any other title or titles) must supply the registrar with evidence that, if his name were to be entered in that register under that title, he would be covered by adequate and appropriate insurance in relation to that title commencing, at the latest, on the date on which his name was so entered.

(4) A registered dental care professional seeking the retention of his name in the dental care professionals register under a particular title must, before the commencement of the period for which he is seeking the retention of his name in that register under that title, supply the registrar with evidence that he is covered by adequate and appropriate insurance in relation to that title.

(5) A person seeking the restoration of his name to the dental care professionals register under a particular title (whether or not he is already registered in that register under any other title or titles) must supply the registrar with evidence that, if his name were to be restored to that register under that title, he would be covered by adequate and appropriate insurance in relation to that title commencing, at the latest, on the date on which his name was so restored.

(6) The registrar may at any other time require a registered dental care professional to supply him with evidence that he is covered by adequate and appropriate insurance in relation to a title under which he is registered, and a registered dental care professional must comply with such a requirement as soon as reasonably practicable.

(7) A registered dental care professional must inform the registrar forthwith if he is no longer covered by adequate and appropriate insurance in relation to any title under which he is registered.

(8) A person seeking registration in, or restoration of his name to, the dental care professionals register must inform the registrar forthwith if arrangements under which he would be covered by adequate and appropriate insurance in relation to any title under which he is seeking to be registered or restored are no longer in place.

(9) If a person fails to comply with the requirements of this section in relation to any title in the dental care professionals register, the registrar may—

(a) refuse to register his name in that register under that title;

(b) refuse to restore his name to that register under that title;

(c) erase his name from registration in that register under that title; or

(d) refer the matter to the Investigating Committee under section 36N(5)(a) as if the person’s failure to comply with the requirements of this section constituted an allegation that his fitness to practise as a member of a profession complementary to dentistry is impaired by reason of misconduct for the purposes of section 36N.

(10) Where, under subsection (9)(c), a person’s name has been erased from registration under a particular title, that name shall be restored to the dental care professionals register under that title on that person’s application if he satisfies the registrar—

(a) of Matter D within the meaning of section 36C; and

(b) that he meets the requirements of—

(i) this section, and

(ii) any rules made under section 36Z2 which apply to his case.

(11) In this section “insurance” means—

(a) a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a member of a profession complementary to dentistry; or

(b) an arrangement made for the purpose of indemnifying a person against such liabilities.

Professional conduct and fitness to practise U.K.

36M. Guidance U.K.

(1) The Council shall prepare and from time to time issue guidance as to the standards of conduct, performance and practice expected of registered dental care professionals.

(2) Such guidance may make different provision in relation to different cases or classes of case, and in particular in relation to different descriptions of registered dental care professionals.

(3) The Council shall keep such guidance under review and may vary or withdraw it whenever they consider it appropriate to do so.

(4) The Council shall from time to time publish guidance issued under this section.

(5) Before issuing such guidance or varying or withdrawing it, the Council shall consult—

(a) such persons to whom subsection (6) applies as the Council consider appropriate;

(b) the bodies within subsection (8); and

(c) such bodies to which subsection (9) applies as the Council consider appropriate.

(6) This subsection applies to persons who appear to the Council to be representative of one or more of the following—

(a) users of the services of registered dentists;

(b) users of the services of registered dental care professionals;

(c) registered dentists;

(d) registered dental care professionals;

(e) employers of registered dentists; and

(f) employers of registered dental care professionals.

(7) The Council shall exercise their function under subsection (5)(a) so that the persons consulted are, taken together, representative of all the categories of person mentioned in subsection (6)(a) to (f).

(8) The bodies within this subsection are—

(a) Primary Care Trusts in England;

(b) Local Health Boards in Wales;

(c) Health Boards in Scotland; and

(d) Health and Social Services Boards in Northern Ireland.

(9) This subsection applies to bodies which make arrangements, for the provision of dental services, with one or both of the following—

(a) registered dentists,

(b) registered dental care professionals,

but are not within subsection (8).

(10) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance to any person.

36N. Allegations U.K.

(1) This section applies where an allegation is made to the Council against a registered dental care professional that his fitness to practise as a member of a profession complementary to dentistry is impaired.

(2) A person’s fitness to practise as a member of a profession complementary to dentistry shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a) misconduct;

(b) deficient professional performance;

(c) adverse physical or mental health;

(d) a conviction or caution in the United Kingdom for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(e) the person having—

(i) accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal), or

(ii) agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);

(f) the person, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely; or

(g) a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that the person’s fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

(3) It does not matter whether the allegation is based on a matter alleged to have occurred—

(a) outside the United Kingdom; or

(b) at a time when the person was not registered in the dental care professionals register.

(4) This section also applies in a case where—

(a) it comes to the attention of the Council that a registered dental care professional’s fitness to practise as a member of a profession complementary to dentistry may be impaired on one or more of the grounds mentioned in subsection (2), but

(b) no allegation to that effect has been made to the Council against that person,

and in such a case this Act shall apply as if an allegation or allegations to the effect that the person’s fitness to practise as a member of a profession complementary to dentistry is impaired on the ground or grounds in question had been made to the Council against that person.

(5) The registrar—

(a) shall refer the allegation to the Investigating Committee; and

(b) may also, if he considers it appropriate, refer the allegation to the Interim Orders Committee.

(6) The registrar shall investigate the allegation for the purpose of exercising his functions under subsection (5).

(7) In this section—

(a) “enactment” includes—

(i) a provision of, or an instrument made under, an Act of the Scottish Parliament,

(ii) a provision of, or an instrument made under, Northern Ireland legislation, and

(iii) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978); and

(b) “regulatory body” means a regulatory body which has the function of authorising persons to practise as members of a health or social care profession.

36O. The Investigating Committee U.K.

(1) Where the registrar refers an allegation under section 36N to the Investigating Committee they shall investigate the allegation and determine whether the allegation ought to be considered by a Practice Committee.

(2) If the Investigating Committee determine that the allegation ought not to be considered by a Practice Committee, the Investigating Committee may—

(a) issue a warning or advice to the person who is the subject of the allegation regarding his future conduct, performance and practice; and

(b) issue advice to any other person involved in the investigation on any issue arising in the course of the investigation.

(3) If the Investigating Committee issue a warning under subsection (2)(a), they may, if they consider it appropriate to do so, direct the registrar to enter details of that warning in any entry in the dental care professionals register relating to the person who is the subject of the allegation.

(4) Unless subsection (5) applies, if the Investigating Committee determine that the allegation ought to be considered by a Practice Committee, the Investigating Committee—

(a) shall refer the allegation—

(i) to the Professional Performance Committee, in the case of an allegation based on the ground mentioned in section 36N(2)(b) (deficient professional performance),

(ii) to the Health Committee, in the case of an allegation based on the ground mentioned in section 36N(2)(c) (adverse physical or mental health), or

(iii) to the Professional Conduct Committee, in any other case; and

(b) may also, if they consider it appropriate, refer the allegation to the Interim Orders Committee.

(5) This subsection applies in a case where two or more allegations under section 36N relating to the same person have been referred to the Investigating Committee and those allegations are—

(a) an allegation based on the ground mentioned in section 36N(2)(b) and an allegation or allegations based on any other grounds mentioned in section 36N(2); or

(b) an allegation based on the ground mentioned in section 36N(2)(c) and an allegation or allegations based on any other grounds mentioned in section 36N(2).

(6) Where subsection (5) applies, and the Investigating Committee determine that two or more of those allegations ought to be considered by a Practice Committee, the Investigating Committee—

(a) shall refer those allegations to whichever one of the Practice Committees they consider most appropriate; and

(b) may also, if they consider it appropriate, refer those allegations to the Interim Orders Committee.

(7) The registrar shall serve notification of any determination made by the Investigating Committee under subsection (1) on the person who is the subject of the allegation and on the person (if any) making the allegation.

(8) The Investigating Committee may review and if they consider it appropriate revise a determination made by them that an allegation or allegations ought to be considered by a particular Practice Committee—

(a) on a reference back to them from that Practice Committee under section 36P(5); or

(b) on an application made by the Council, the registrar, the person who is the subject of the allegation or allegations or any person making the allegation or allegations, but only if such review is carried out—

(i) where there is to be a hearing before that Practice Committee, before the commencement of that hearing, or

(ii) where there is not to be a hearing before that Practice Committee, before that Practice Committee have begun to consider written statements or representations.

(9) Subsection (2) applies to a determination by the Investigating Committee, following a review under subsection (8), that an allegation or allegations ought not to be considered by a Practice Committee, as it applies to a determination under subsection (1) that an allegation ought not be considered by a Practice Committee.

(10) If the Investigating Committee determine, under subsection (1) or following a review under subsection (8), that an allegation or allegations against a person ought not to be considered by a Practice Committee, they shall, at the same time, revoke with immediate effect any interim order which has been made under section 36V in respect of that person in consequence of that allegation or those allegations.

36P. The Practice Committees U.K.

(1) Subject to subsection (5), a Practice Committee must investigate an allegation or allegations against a person referred to them by the Investigating Committee under section 36O and determine whether that person’s fitness to practise as a member of a profession complementary to dentistry is impaired.

(2) A Practice Committee shall, in exercising their function under subsection (1), make separate determinations in relation to each title under which that person is registered in the dental care professionals register, as to his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies.

(3) In making a determination under subsection (1), a Practice Committee may take into account whether the person who is the subject of the allegation or allegations has complied with any relevant parts of the guidance issued under section 36M, but that question is not of itself determinative of whether a person’s fitness to practise as a member of a profession complementary to dentistry is impaired.

(4) If the person who is the subject of an allegation or allegations is also registered in the dentists register, a Practice Committee shall, in exercising their function under subsection (1), make a separate determination under section 27B(1) (fitness to practise as a dentist).

(5) Where a Practice Committee consider that any allegation should not have been referred to them by the Investigating Committee under section 36O, they may refer that allegation back to the Investigating Committee.

(6) If a Practice Committee determine that, in relation to a title under which a person is registered in the dental care professionals register, his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is not impaired, they—

(a) shall publish at his request a statement to that effect; or

(b) may publish such a statement if he consents.

(7) If a Practice Committee determine that, in relation to a title under which a person is registered in the dental care professionals register, his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is impaired, they may, if they consider it appropriate, direct—

(a) (subject to subsection (8)) that the person’s name shall be erased from registration in that register under that title;

(b) that his registration in that register under that title shall be suspended during such period not exceeding twelve months as may be specified in the direction;

(c) that his registration in that register under that title shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests; or

(d) that he shall be reprimanded in connection with any conduct or action of his which was the subject of the allegation.

(8) A direction under subsection (7)(a) that a person’s name shall be erased from registration in the dental care professionals register under a particular title shall not be given following a determination that that person’s fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is impaired solely on the ground mentioned in section 36N(2)(c) (adverse physical or mental health).

(9) Where a Practice Committee give a direction under subsection (7), the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under paragraph (d) of that subsection) of his right to appeal against it under section 36S.

(10) Where a Practice Committee make a determination under subsection (1) as to a person’s fitness to practise as a member of a profession, or class of members of a profession, to which a particular title applies, they shall, at the same time, revoke any interim order which has been made under section 36V—

(a) in consequence of the allegation, or allegations, to which that determination relates; and

(b) in relation to that person’s registration in the dental care professionals register under that title.

(11) The revocation of an interim order under subsection (10) shall take effect—

(a) in the case of a determination that the person’s fitness to practise is not impaired, forthwith;

(b) in the case of a direction given under paragraph (d) of subsection (7), forthwith; and

(c) in the case of a direction given under paragraph (a), (b) or (c) of subsection (7), subject to section 36U(5), from the time when—

(i) any direction given under those paragraphs takes effect in accordance with section 36T,

(ii) an appeal under section 36S against the decision giving such a direction is determined under section 36S(6)(b) or (c), or

(iii) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

36Q. Resumed hearings U.K.

(1) Where a Practice Committee have given a direction under section 36P(7)(b) or subsection (2)(d) or (3) of this section that a person’s registration in the dental care professionals register under a particular title should be suspended, they may direct, in relation to that title—

(a) that the suspension shall be terminated;

(b) that the current period of suspension shall be extended for such further period, specified in the direction and not exceeding twelve months, beginning with the date on which it would otherwise expire;

(c) that the suspension shall be terminated and the person’s registration in the dental care professionals register under that title shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests; or

(d) that the person’s registration in the dental care professionals register under that title shall be suspended indefinitely, if—

(i) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years, and

(ii) the direction is made not more than two months before the date on which the period of suspension would otherwise expire.

(2) Where a Practice Committee have given a direction under section 36P(7)(c), subsection (1)(c) or (5)(c) of this section or section 36R(6)(b) imposing conditions on a person’s registration in the dental care professionals register under a particular title, they may give one or more of the following directions in relation to that title—

(a) a direction that the registration shall cease to be conditional from a date specified in the direction;

(b) a direction that the current period of conditional registration shall be extended for such further period, specified in the direction and not exceeding three years, beginning with the date on which it would otherwise expire;

(c) a direction that one or more of the conditions imposed on the registration shall be varied or revoked, or that those conditions shall be added to, as specified in the direction; or

(d) a direction that the person’s registration in the dental care professionals register under that title shall be suspended during such period not exceeding twelve months as may be specified in the direction.

(3) Where a Practice Committee—

(a) have given a direction under section 36P(7)(c), subsection (1)(c), (2)(b) or (c) or (5)(c) of this section or section 36R(6)(b) imposing conditions on a person’s registration, or extending a period of conditional registration, in the dental care professionals register under a particular title, or

(b) have made an order under section 36V(4)(b) for interim conditional registration in relation to a particular title,

and the Practice Committee determine that at any time during the period for which that direction or order has effect the person has failed to comply with any condition imposed on his registration, the Practice Committee may direct, in relation to that title, that the person’s registration in the dental care professionals register shall be suspended during such period not exceeding twelve months as may be specified in the direction.

(4) Where a Practice Committee have given a direction under subsection (1)(d) that a person’s registration in the dental care professionals register under a particular title is to be suspended indefinitely, they must review the direction if—

(a) the person requests them to do so;

(b) at least two years have elapsed since the date on which the direction took effect; and

(c) if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the last such review decision.

(5) On such a review a Practice Committee may, in relation to the title in question—

(a) direct that the suspension shall be terminated;

(b) confirm the direction to suspend the person’s registration under that title indefinitely; or

(c) direct that the suspension shall be terminated and the person’s registration in the dental care professionals register under that title shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Practice Committee think fit to impose for the protection of the public or in his interests.

(6) Where a Practice Committee give a direction under this section, the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under subsection (1)(a), (2)(a) or (5)(a) or a direction under subsection (2)(c) that a condition or conditions shall be revoked) of his right to appeal against it under section 36S.

36R. Restoration of names to the dental care professionals register following erasure under section 36P U.K.

(1) A person whose name has been erased from registration in the dental care professionals register under a particular title in accordance with a direction under section 36P(7)(a) may apply to the registrar for his name to be restored to that register under that title.

(2) No application under this section for the restoration of a person’s name to the dental care professionals register shall be made—

(a) before the end of the period of five years beginning with the date on which the direction for erasure took effect; or

(b) within twelve months of the date on which an earlier application for the restoration of his name under the title in question was made.

(3) The registrar shall refer an application to the Professional Conduct Committee.

(4) When considering an application, the Professional Conduct Committee may, if they consider it necessary and appropriate in a particular case, direct the applicant to do one or both of the following—

(a) produce such evidence as to his fitness to practise as a member of the profession complementary to dentistry, or class of members of such a profession, in question as the Professional Conduct Committee shall specify;

(b) meet such further requirements, including requirements as to education and training, as the Professional Conduct Committee shall specify.

(5) An application shall not be granted unless the applicant satisfies the Professional Conduct Committee—

(a) that he is fit to practise as a member of the profession complementary to dentistry, or class of members of such a profession, in question;

(b) of Matter D within the meaning of section 36C;

(c) that he meets the requirements of any rules made under section 36Z2 which apply to his case; and

(d) that he meets any other requirements imposed in a direction under subsection (4)(b).

(6) Where the Professional Conduct Committee grant an application, they may give one or both of the following directions—

(a) a direction that the restoration of a person’s name to the dental care professionals register under the title in question shall be conditional on his satisfying the registrar that he meets the requirements of section 36L (insurance) in relation to that title;

(b) a direction that a person’s registration in that register under the title in question shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Professional Conduct Committee think fit to impose for the protection of the public or in his interests.

(7) If the Professional Conduct Committee refuse to grant an application, the registrar shall forthwith serve on the applicant notification of the Professional Conduct Committee’s decision and of his right to appeal against it under section 36S.

(8) If the Professional Conduct Committee grant an application, the registrar shall forthwith serve on the applicant notification of the Professional Conduct Committee’s decision, and, in a case where a direction has been given under subsection (6)(b), of his right to appeal against that direction under section 36S.

(9) Where, during the same period of erasure from registration in the dental care professionals register under a particular title, a second or subsequent application relating to that title under this section by the same person is unsuccessful, the Professional Conduct Committee may direct that his right to make any further such applications shall be suspended indefinitely.

(10) If the Professional Conduct Committee give a direction under subsection (9), the registrar shall forthwith serve on the person concerned notification of the direction and of his right to appeal against it under section 36S.

(11) Any person in respect of whom a direction has been given under subsection (9) may, after the end of the period of three years beginning with the date on which the direction took effect, apply to the registrar for the direction to be reviewed by the Professional Conduct Committee and, thereafter, may make further applications for review; but no such application may be made before the end of the period of three years beginning with the date of the most recent review decision.

(12) On a review under subsection (11), the Professional Conduct Committee may—

(a) confirm the direction under subsection (9); or

(b) direct that the person concerned may make an application under subsection (1).

36S. Appeals U.K.

(1) The following decisions are appealable decisions for the purposes of this section—

(a) a decision of the Professional Conduct Committee under section 36I—

(i) giving a direction under subsection (3) of that section for erasure of a person’s name from the dental care professionals register under all titles under which he is registered in that register, or

(ii) refusing an application under subsection (6) of that section to restore a person’s name to that register under a particular title, or refusing to so restore his name until the end of a specified period;

(b) a decision of a Practice Committee under section 36P or 36Q giving, in relation to a particular title, a direction for erasure, for suspension, for conditional registration or for varying or adding to the conditions imposed by a direction for conditional registration; and

(c) a decision of the Professional Conduct Committee under section 36R—

(i) refusing to grant an application to restore a person’s name to the dental care professionals register under a particular title,

(ii) giving, in relation to a particular title, a direction for conditional registration under subsection (6)(b) of that section, or

(iii) giving a direction under subsection (9) of that section in respect of a particular title suspending indefinitely the right to make further applications under that section.

(2) In subsection (1)—

(a) a reference to a direction for suspension includes a reference to a direction extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction for conditional registration includes a reference to a direction extending a period of conditional registration.

(3) Subject to subsection (4), a person in respect of whom an appealable decision has been made may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36I(7), 36P(9), 36Q(6) or 36R(7), (8) or (10), appeal against the decision to the relevant court.

(4) Where—

(a) any notification of a decision required to be served on a person under any of the provisions specified in subsection (3) is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.

(5) In subsection (3) “the relevant court”—

(a) in the case of a person whose address in the dental care professionals register is (or if he were registered would be) in Scotland, means the Court of Session;

(b) in the case of a person whose address in that register is (or if he were registered would be) in Northern Ireland, means the High Court in Northern Ireland; and

(c) in the case of any other person, means the High Court in England and Wales.

(6) On an appeal under this section, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee, the Professional Performance Committee or (as the case may be) the Health Committee, or

(d) remit the case to the Professional Conduct Committee, the Professional Performance Committee or (as the case may be) the Health Committee to dispose of the case under section 36I, 36P, 36Q or 36R in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(7) The Council may appear as respondent on any appeal under this section; and for the purpose of any order as to costs (or, in Scotland, expenses) in relation to any such appeal the Council shall be deemed to be a party to it, whether they appear on the hearing of the appeal or not.

36T. Taking effect of directions for erasure, suspension, conditional registration etc. U.K.

(1) This section applies to—

(a) a direction given by the Professional Conduct Committee under section 36I(3) for erasure of a person’s name from the dental care professionals register under all titles under which he is registered in that register;

(b) a direction, in relation to a particular title, for erasure, suspension, conditional registration or variation of or addition to the conditions of registration given by a Practice Committee under section 36P or 36Q; and

(c) a direction, in relation to a particular title, for conditional registration given by the Professional Conduct Committee under section 36R(6)(b).

(2) A direction to which this section applies shall take effect—

(a) where no appeal under section 36S is brought against the decision giving the direction within the period of time specified in subsection (3) of that section, on the expiry of that period;

(b) where such an appeal is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or

(c) where such an appeal is brought and is not withdrawn or struck out for want of prosecution, on the dismissal of the appeal.

(3) Where the period of time for appealing against a decision giving a direction is extended under section 36S(4)—

(a) subsection (2) shall apply to the direction as if the reference in paragraph (a) of that subsection to the period of time specified in section 36S(3) were a reference to that period as so extended, and

(b) if the authorisation is given after the expiry of the period of time specified in section 36S(3), the direction shall be deemed not to have taken effect on the expiry of that period,

and any reference in this Act to the time when such a direction takes effect in accordance with this section shall be construed accordingly.

(4) In this section—

(a) a reference to a direction for suspension includes a reference to a direction extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction for conditional registration includes a reference to a direction extending a period of conditional registration.

36U. Orders for immediate suspension and immediate conditional registration U.K.

(1) On giving a direction, in relation to a particular title, for erasure or for suspension under section 36I(3), section 36P(7)(a) or (b) or section 36Q(2)(d) or (3) in respect of any person, the Practice Committee giving the direction, if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of that person, may order that his registration under that title shall be suspended forthwith in accordance with this section.

(2) On giving a direction, in relation to a particular title, for conditional registration under section 36P(7)(c), section 36Q(1)(c) or (5)(c) or section 36R(6)(b) in respect of any person, the Practice Committee giving the direction, if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of that person, may order that his registration under that title shall be made conditional forthwith in accordance with this section.

(3) Where, on the giving of a direction, an order under subsection (1) or (2) is made in respect of a person, his registration in the dental care professionals register under the title in question shall, subject to subsection (6), be suspended or made conditional, as the case may be, from the time when the order is made until the time when—

(a) the direction takes effect in accordance with section 36T;

(b) an appeal under section 36S against the decision giving the direction is determined under section 36S(6)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) Where a Practice Committee make an order under subsection (1) or (2), the registrar shall forthwith serve on the person in respect of whom it is made notification of the order and of his right to make an application under subsection (7).

(5) Where a Practice Committee make an order under subsection (1) or (2) in respect of a person, and an interim order under section 36V in respect of that person has been revoked by virtue of section 36P(10), that revocation shall take effect, subject to subsection (6), from the time when the order under subsection (1) or (2) is made.

(6) If, when an order under subsection (1) or (2) is made, the person in respect of whom it is made is neither present nor represented at the proceedings, subsections (3) and (5) shall have effect as if, in each case, for the reference to the time when the order is made, there were substituted a reference to the time when notification of the order is served under subsection (4).

(7) A person in respect of whom an order under subsection (1) or (2) is made may apply to the court for an order terminating any suspension imposed under subsection (1) or any conditional registration imposed under subsection (2), and the decision of the court on any such application shall be final.

(8) In subsection (7) “the court”—

(a) in the case of a person whose address in the dental care professionals register is in Scotland, means the Court of Session;

(b) in the case of a person whose address in that register is in Northern Ireland, means the High Court in Northern Ireland; and

(c) in the case of any other person, means the High Court in England and Wales.

36V. Interim orders U.K.

(1) This section applies to the Professional Conduct Committee, the Professional Performance Committee, the Health Committee and the Interim Orders Committee, and any reference in this section to a “Committee” is a reference to any of those Committees.

(2) The Interim Orders Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the registrar under section 36N(5)(b);

(b) by the Investigating Committee under section 36O(4)(b) or (6)(b); or

(c) by a Practice Committee in accordance with rules under paragraph 7(1)(c) of Schedule 4B.

(3) A Practice Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the Investigating Committee under section 36O(4)(a) or (6)(a); or

(b) by another Practice Committee in accordance with rules under paragraph 7(1)(a) of Schedule 4B.

(4) Where a Committee are satisfied that it is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the person’s registration in the dental care professionals register under a particular title to be suspended or to be made subject to conditions, the Committee may make—

(a) an order that his registration in that register under that title shall be suspended during such period not exceeding 18 months as may be specified in the order (an “interim suspension order”); or

(b) an order that his registration in that register under that title shall be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions so specified as the Committee think fit to impose (an “order for interim conditional registration”).

(5) Subject to subsection (11), where a Committee have made an interim suspension order or an order for interim conditional registration they—

(a) shall review it within the period of six months beginning with the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—

(i) before the end of the period of six months beginning with the date of the decision of the immediately preceding review, or

(ii) if after the end of the period of three months beginning with the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and

(b) may review it where new evidence relevant to the order has become available after the making of the order.

(6) Where an interim suspension order or an order for interim conditional registration has been made under any provision of this section (including this subsection) in relation to a person’s registration in the dental care professionals register under a particular title, the Committee that made the order may, in relation to that title—

(a) revoke the order;

(b) make an order adding to, varying or revoking any condition imposed by the order;

(c) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former; or

(d) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former.

(7) If a Committee make an order under any provision of this section—

(a) the registrar shall forthwith serve notification of the order on the person to whose registration it relates; and

(b) that order shall take effect from the time on which the notification mentioned in paragraph (a) is served.

(8) The Council may apply to the court for an order made by a Committee under subsection (4) or (6) to be extended, and may apply again for further extensions.

(9) On each such application the court may extend (or further extend) for up to twelve months the period for which the order has effect.

(10) Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.

(11) For the purposes of subsection (5) the first review after the court’s extension of an order made by a Committee or after a replacement order made by a Committee under subsection (6)(c) or (d) shall take place—

(a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (5), within the period of six months beginning with the date on which the court ordered the extension or on which a replacement order under subsection (6)(c) or (d) was made; and

(b) if it had been reviewed under subsection (5), within the period of three months beginning with that date.

(12) Where an interim order has effect under any provision of this section in relation to a person’s registration in the dental care professionals register under a particular title, the court may, in relation to that title—

(a) in the case of an interim suspension order, terminate the suspension,

(b) in the case of an order for interim conditional registration, revoke the order or revoke, vary or add to any condition imposed by the order,

(c) in either case, substitute for the period specified in the order (or in an order extending it) some other period which could have been specified in the order (or in the order extending it) when it was made,

and the decision of the court on any application under this subsection shall be final.

(13) In this section “the court” has the meaning given by section 36U(8).]

[F108 Supplementary provisions U.K.

Textual Amendments

F108 S. 36W and cross-heading inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 32 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

36W. Supplementary provisions relating to fitness to practise cases U.K.

(1) While a person’s registration in the dental care professionals register under a particular title is suspended by virtue of a direction or order under this Part—

(a) he shall be treated, except as provided in subsection (2), as not being registered in that register under that title, notwithstanding that his name still appears in that register; but

(b) sections 36N, 36O, 36P and 36Q shall continue to apply to him in relation to that title.

(2) While a person’s registration in the dental care professionals register under a particular title is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 36Z1 as if his registration were not so suspended.

(3) Where any such direction as is mentioned in section 36Q(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given in relation to a person’s registration in the dental care professionals register under a particular title while his registration under that title is subject to conditions or suspended by virtue of a direction under this Part, his registration under that title shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration under that title would cease to be conditional or suspended, as the case may be, and the time when—

(a) the direction takes effect in accordance with section 36T;

(b) an appeal under section 36S against the decision giving the direction is determined under section 36S(6)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) If, on the determination of an appeal under section 36S, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

(5) Subsection (3) is subject to any order made under section 36U(1) or (2).

(6) Schedule 4B to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals) shall have effect.]

[F109 36X. Recording of suspension or conditional registration etc. U.K.

(1) Where a direction or order under this Part for suspension, conditional registration or variation of or addition to the conditions of registration takes effect in relation to a person, the registrar shall make a note in the dental care professionals register of that fact, of the title in relation to which the direction or order is made, and of the period for which that person’s registration is to be suspended or made conditional.

(2) The registrar shall erase any note made in accordance with subsection (1) from the dental care professionals register at such time as the direction or order ceases (for any reason) to have effect.

(3) In this section—

(a) a reference to a direction or order for suspension includes a reference to a direction or order extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction or order for conditional registration includes a reference to a direction or order extending a period of conditional registration.

(4) Where a direction under section 36I(3) or 36P(7)(a) (direction for erasure from the dental care professionals register) in respect of a person takes effect, the registrar shall remove that person’s name from registration in that register under the title in relation to which the direction is given.

(5) Where a decision under section 36I(6)(a) or 36R that a person’s name is to be restored to the dental care professionals register under a title takes effect, the registrar shall restore that person’s name to that register under the title in relation to which the decision is made.

Textual Amendments

F109 Ss. 36X-36Z2 inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 33 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

36Y. The Council’s power to require disclosure of information U.K.

(1) For the purpose of assisting the Council or any of their committees in carrying out functions under this Part, the Council may require a person (“the relevant party”) whose fitness to practise as a member of a profession complementary to dentistry is in question, to provide details of any person—

(a) by whom the relevant party is employed to provide services in, or in relation to, any area of dentistry; or

(b) with whom he has an arrangement to provide such services.

(2) For the purpose of assisting the Council or any of their committees in carrying out functions under this Part in respect of a person’s fitness to practise as a member of a profession complementary to dentistry, the Council may require any person (except the person in respect of whom the information or document is sought) to supply any information or produce any document in his custody or under his control which appears to the Council relevant to the discharge of those functions.

(3) Nothing in this section shall require or permit any disclosure of information which is prohibited by any relevant enactment.

(4) For the purposes of subsection (3), “relevant enactment” means any enactment other than—

(a) this Act; or

(b) the non-disclosure provisions within the meaning of Part 4 of the Data Protection Act 1998 (see section 27 of that Act).

(5) A person shall not be required to supply any information or produce any document under subsection (2) which he could not be compelled to supply or produce in civil proceedings before the relevant court.

(6) In subsection (5) “the relevant court” means—

(a) if the person’s address in the dental care professionals register is in Scotland or, if he is not registered in that register, he is resident there, the Court of Session;

(b) if the person’s address in that register is in Northern Ireland or, if he is not registered in that register, he is resident there, the High Court in Northern Ireland;

(c) in any other case, the High Court in England and Wales.

(7) If a person fails to supply any information or produce any document within 14 days of being required to do so under subsection (1) or (2), the Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

(8) In subsection (7) “the relevant court” means the county court or, in Scotland, the sheriff.

(9) In subsection (8) “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person who fails to supply the information or produce the document; and in this subsection, “address” means, where the person is registered, his address in the dental care professionals register, or, where he is not registered in that register, the address where he resides.

(10) For the purposes of subsection (4), “enactment” includes—

(a) a provision of, or an instrument made under, an Act of the Scottish Parliament;

(b) a provision of, or an instrument made under, Northern Ireland legislation; and

(c) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978).

Textual Amendments

F109 Ss. 36X-36Z2 inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 33 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

36Z. Notification and disclosure by the Council U.K.

(1) As soon as reasonably practicable after an allegation as to a person’s fitness to practise as a member of a profession complementary to dentistry has been referred to the Investigating Committee under section 36N(5)(a), the Council shall inform the following persons of that fact—

(a) the Secretary of State, the Department of Health, Social Services and Public Safety in Northern Ireland, the Scottish Ministers and the National Assembly for Wales; and

(b) any person in the United Kingdom to whom subsection (2) applies.

(2) This subsection applies to a person if the Council are aware that he—

(a) employs the person concerned to provide services in, or in relation to, any area of dentistry; or

(b) has an arrangement with the person concerned for that person to provide such services.

(3) The Council or the registrar may disclose to any person any information relating to a person’s fitness to practise as a member of a profession complementary to dentistry, including information relating to an allegation under section 36N, where they consider it to be in the public interest for the information to be disclosed.

Textual Amendments

F109 Ss. 36X-36Z2 inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 33 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Professional training and development requirements U.K.

36Z1 Professional training and development requirements U.K.

(1) In relation to each profession, or class of members of a profession, specified in regulations under section 36A(2), rules shall require registered dental care professionals to undertake such professional training and development as may be specified in the rules.

(2) Where a person is registered in the dental care professionals register under a title applying to a particular profession, or class of members of a profession, and it appears to the registrar that the person has failed to comply with the requirements of rules under subsection (1) relating to that profession or class, the registrar may erase that person’s name from registration in that register under that title.

(3) Where, under subsection (2), a person’s name has been erased from registration under a particular title, that name shall be restored to the dental care professionals register under that title on that person’s application if he satisfies the registrar—

(a) of Matter D within the meaning of section 36C; and

(b) that he meets the requirements of—

(i) section 36L, and

(ii) any rules made under section 36Z2 which apply to his case.

(4) Rules shall specify the procedures to be followed before the registrar—

(a) may, under subsection (2), erase a person’s name from registration in the dental care professionals register under a title; or

(b) may, under subsection (3), make a decision whether or not to restore a person’s name to that register under a title.

(5) Where, in the course of proceedings under this Part, it appears to the Investigating Committee, a Practice Committee or the Interim Orders Committee that a person to whose registration the proceedings relate may be failing to meet the requirements of rules made under subsection (1), that Committee may refer the question of whether he is failing to meet them to the registrar.

36Z2 Restoration of names to the dental care professionals register: professional training and development U.K.

(1) Rules shall specify the requirements as to professional training and development to be met by a person who seeks the restoration of his name to the dental care professionals register under a particular title following its erasure from registration under that title under any provision of this Part.

(2) Rules under this section must not require a person to do anything which amounts to the practice of dentistry.]

[F110 Visiting dental care professionals from relevant European States U.K.

Textual Amendments

F110 Ss. 36Z3, 36Z4 and cross-heading inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 126

36Z3. Visiting dental care professionals from relevant European States U.K.

(1) This section applies to an exempt person (“V”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), as a member of one of the dental care professions (“the established profession”).

(2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of relevant services in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of relevant services).

(3) V is entitled to be registered in the dental care professionals register under the title, or (as the case may be) the titles, specified in regulations under section 36A(2) as applying to the established profession; and the registrar shall give effect to the entitlement.

(4) If V—

(a) is entitled under subsection (3) to be registered in the dental care professionals register under any particular title, but

(b) is not registered in the list mentioned in section 36B(1A)(b) under that title,

V shall be treated as registered in that list under that title.

(5) V’s entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of relevant services in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) V’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b) V’s name is registered in the list mentioned in section 36B(1A)(b) under the title, or any one or more of the titles, specified in regulations under section 36A(2) as applying to the established profession,

the registrar may erase V’s name from registration in that list under the title or titles concerned.

(7) Subsection (8) applies if—

(a) V’s establishment in State A is subject to a condition relating to V’s practice of the established profession;

(b) V’s name is registered in the dental care professionals register under the title, or (as the case may be) the titles, specified in regulations under section 36A(2) as applying to the established profession; and

(c) for any of the purposes of this Act it falls to be decided whether V’s fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by V during the course of the provision by V of relevant services in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the established profession outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the list mentioned in section 36B(1A)(b), of any other provision of this Act under which a registered dental care professional’s name may be erased from the dental care professionals register or under which a registered dental care professional’s registration in the dental care professionals register may be suspended.

(11) In this section “relevant services” means services provided in pursuit of the established profession.

(12) For the purposes of this section, each of the following is a dental care profession—

(a) the profession pursued by clinical dental technicians;

(b) the profession pursued by dental hygienists;

(c) the profession pursued by dental nurses;

(d) the profession pursued by dental technicians;

(e) the profession pursued by dental therapists;

(f) the profession pursued by orthodontic therapists.

36Z4. Limits on section 36Z1 as respects visiting dental care professionals U.K.

(1) Subsections (1) and (2) of section 36Z1, so far as relating to a person (“P”)—

(a) who is registered in the list mentioned in section 36B(1A)(b) under a title applying to, or to a class of members of, a particular profession (“the established profession”), but

(b) who is not registered in the list mentioned in section 36B(1A)(a) under a title applying to, or to a class of members of, the established profession,

have effect subject to, respectively, subsections (2) and (3) of this section.

(2) Rules made under section 36Z1(1)—

(a) may not impose requirements on P in connection with P’s pursuit of the established profession if P is required to undertake, in P’s home State, professional training and development in relation to the established profession; and

(b) where they impose requirements on P in connection with P’s pursuit of the established profession—

(i) shall take account of the fact that P is fully qualified to pursue the established profession in P’s home State, and

(ii) shall specify that professional training and development which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(3) The registrar’s power under section 36Z1(2) is exercisable in relation to P’s registration under a title applying to, or to a class of members of, the established profession only if it also appears to the registrar that, in the circumstances of the case, erasure from registration under that title is an appropriate and proportionate sanction in view of P’s continued lawful establishment as a member of the established profession in P’s home State.

(4) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a member of the established profession.]

Part IV U.K. Restrictions on Practice of Dentistry and on Carrying on Business of Dentistry

The practice of dentistry U.K.

37 Definition of practice of dentistry. U.K.

(1) [F111 Subject to subsection (1A), for] the purposes of this Act, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances shall be deemed to have practised dentistry within the meaning of this Act.

[F112 (1A) For the purposes of this Act, the practice of dentistry shall be deemed not to include the performance of any medical task by a person who—

(a) is qualified to carry out such a task; and

(b) is a member of a profession regulated by a regulatory body (other than the Council) listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.]

[F113 (2) Dental work to which subsection (2A) or (2B) applies shall not be treated for the purposes of this Act as amounting to the practice of dentistry if it is undertaken under the direct personal supervision of—

(a) a registered dentist; or

(b) a registered dental care professional of a kind authorised in rules under this section to carry out such supervision.

(2A) This subsection applies to dental work if it is undertaken—

(a) by a person recognised by a dental authority as a student of dentistry or by a medical authority as a medical student; and

(b) as part of a course of instruction or training approved by that authority for students of that kind or as part of an examination so approved.

(2B) This subsection applies to dental work if it is undertaken by a person as part of—

(a) a course of instruction or training which he is following in order to qualify for registration in the dental care professionals register under a particular title or titles; or

(b) an examination which he must pass in order to satisfy the requirements for registration in that register under a particular title or titles.]

[F114 (3) In this section “medical authority” means one of the universities or other bodies listed in section 4(2) of the Medical Act 1983 (qualifying examinations and primary United Kingdom qualifications) which is entitled to hold qualifying examinations for the purpose of granting one or more primary United Kingdom medical qualifications.]

Textual Amendments

F111 Words in s. 37(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 34(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F112 S. 37(1A) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 34(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F113 S. 37(2)-(2B) substituted for s. 37(2) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 34(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F114 S. 37(3) substituted (17.12.2002) by S.I. 2002/3135, arts. 1(2)(j), 16(1), Sch. 1 para. 11

38 Prohibition on practice of dentistry by laymen. U.K.

(1) [F115 A person who is not [F116 a registered dentist or a registered dental care professional]] shall not practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry.

(2) Any person who acts in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

(3) Summary proceedings for an offence under this section may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than two years after the commission of the offence.

(4) For the purposes of subsection (3) above a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as is mentioned in that subsection came to his knowledge shall be conclusive evidence of that date, and any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

Textual Amendments

F115 Words in s. 38(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 35 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F116 Words in s. 38(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 127

39 Prohibition on use of practitioners’ titles by laymen. U.K.

[F117 (1) A person shall not take or use the title of dentist, dental surgeon or dental practitioner, either alone or in combination with any other word, unless he is a registered dentist F118 ....]

(2) No person shall take or use any title or description implying that he is a registered dentist unless he is a registered dentist.

[F119 (2A) A person who is not a registered dental care professional shall not take or use any title specified in regulations under section 36A(2), either alone or in combination with any other word.

(2B) No person shall take or use any title or description implying that he is a registered dental care professional unless he is a registered dental care professional.]

(3) Any person who acts in contravention of this section shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

Textual Amendments

F117 S. 39(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 36(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F118 Words in s. 39(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 128

F119 S. 39(2A)(2B) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 36(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Modifications etc. (not altering text)

C5 S. 39(2A) excluded (31.7.2006) by The General Dental Council (Professions Complementary to Dentistry) Regulations Order of Council 2006 (S.I. 2006/1440), reg. 1(1), Sch. reg. 5

Restrictions on carrying on the business of dentistry U.K.

40 Definition of business of dentistry. U.K.

(1) For the purposes of this Act a person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member receives payment for services rendered in the course of the practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.

(2) Notwithstanding subsection (1) above, the receipt of payments—

(a) by an authority providing national health services, or

[F120 (aa) by a person providing primary dental services [F121 under section 92 of the National Health Service Act 2006 or under a contract under section 100 of that Act, or under section 50 of the National Health Service (Wales) Act 2006 or under a contract under section 57 of that Act,] or]

[F122 (ab) by a person (other than one falling within paragraph (a) above) providing personal dental services under [F123 section 28C of the National Health Service Act 1977 F124 or] section 17C of the National Health Service (Scotland) Act 1978 F125 , or]

[F126 (ac) by a person (other than one falling within paragraph (a) above) providing personal dental services under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 F127 , or]

(b) by a person providing dental treatment for his employees without a view to profit, or

(c) by a person providing dental treatment without a view to profit dental treatment without a view under conditions approved by the Secretary of State or the Department of Health and Social Services for Northern Ireland,

shall not constitute the carrying on of the business of dentistry for the purposes of this Act.

Textual Amendments

F120 S. 40(2)(aa) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 50; S.I. 2005/2925, art. 10(2)(h); S.I. 2006/345, art. 6(2)(k)

F121 Words in s. 40(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 81 (with Sch. 3 Pt. 1)

F122 S. 40(2)(ab) inserted (17.7.1998) by S.I. 1998/1546, art. 2

F123 Words in s. 40(2)(ab) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(d)

F124 1977 c.49. Section 28C was inserted by the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”), section 21(1).

F125 1978 c.29. Section 17C was inserted by the 1997 Act, section 21(2).

F126 S. 40(2)(ac) inserted (1.1.1999) by S.R. 1998/376, art. 2

F127 S.I. 1972/1265 (N.I. 14); Article 15B is inserted by Article 21 of S.I. 1997/1177 (N.I. 7)

41 Restriction on individuals. U.K.

[F128 (1) Subject to the provisions of this section, an individual who is not a registered dentist shall not carry on the business of dentistry unless—

(a) he was engaged in carrying on the business of dentistry on 21^st July 1955; or

(b) he falls within a class of registered dental care professionals prescribed in rules under this section.

(1A) For the purposes of this section, an “authorised dental care professional” means an individual who falls within subsection (1)(b).

(1B) Any individual who contravenes this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) The exemption conferred by subsection (1)(a) on persons who were carrying on the business of dentistry on the date there mentioned shall not extend to any person who has at any time ceased to be a registered dentist in consequence of a Practice Committee giving a direction under section 27B or 27C or making an order under section 30(1) for the erasure of his name from the register, or for the suspension of his registration, following a relevant determination that his fitness to practise as a dentist is impaired.

(2A) For the purposes of subsection (2), a “relevant determination” that a person’s fitness to practise is impaired is a determination which is based solely on one or more of the grounds mentioned in paragraph (a), (d), (e), (f) or (g) of subsection (2) of section 27 (misconduct etc.).

(3) This section shall not operate to prevent a person from carrying on the business of dentistry during any period for which—

(a) his registration in the register is suspended by virtue of a direction given by a Practice Committee under section 27B or 27C, or an order made by a Practice Committee under section 30(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 27 (adverse physical or mental health), that his fitness to practise is impaired, or

(b) his registration in the dental care professionals register is suspended by virtue of a direction given by a Practice Committee under section 36P or 36Q, or an order made by a Practice Committee under section 36U(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 36N (adverse physical or mental health), that his fitness to practise is impaired,

and subsections (4) and (6) shall apply in relation to a person whose registration is so suspended as they apply in relation to a registered dentist or an authorised dental care professional.]

(4) Where a registered dentist or [F129 authorised dental care professional] who died after 3rd July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his personal representatives or [F130 his surviving spouse or his surviving civil partner] or any of his children, or trustees on behalf of [F130 his surviving spouse or his surviving civil partner] or any of his children, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with his death.

(5) Where a registered dentist F131 ... who died before 4th July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his widow, or trustees on behalf of his widow, from carrying on the business of dentistry in continuance of that business or practice at any time during her life.

(6) Where a registered dentist or [F132 authorised dental care professional] becomes bankrupt at a time when he is carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his trustee in bankruptcy, or in Northern Ireland the official assignee, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with the bankruptcy.

[F133 (7) Rules made under subsection (1)(b) shall not be amended or revoked in such a way that any class of registered dental care professionals prescribed in those rules ceases thereafter to be prescribed.]

Textual Amendments

F128 S. 41(1)-(3) substituted for s. 41(1)-(3) (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 37(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F129 Words in s. 41(4) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 37(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F130 Words in s. 41(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 89; S.I. 2005/3175, art. 2(2)

F131 Words in s. 41(5) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 37(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F132 Words in s. 41(6) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 37(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F133 S. 41(7) added (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 37(d) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F134 42 Restriction on bodies corporate U.K.

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

Textual Amendments

F134 S. 42 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 38 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F135 43 Directors of bodies corporate U.K.

(1) A body corporate commits an offence if it carries on the business of dentistry at a time when a majority of its directors are not persons who are either registered dentists or registered dental care professionals.

(2) Where a person is the subject of a decision erasing his name from, or suspending him from, a register kept by any of the regulatory bodies listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, that person commits an offence if he is a director of a body corporate carrying on the business of dentistry at any time when such an erasure or suspension remains in effect.

(3) Any body corporate committing an offence under subsection (1), or any person committing an offence under subsection (2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F135 Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Modifications etc. (not altering text)

C6 S. 43 applied (with modifications) (30.6.1999) by 1999 c. ii, s. 9

[F135 43A. Provision of information and payment of fees by bodies corporate U.K.

(1) The Council shall maintain a list, in such form as they consider appropriate, of bodies corporate which carry on the business of dentistry.

(2) Subject to subsections (3) and (4), a body corporate which carries on the business of dentistry shall, at intervals of no more than twelve months, provide the Council with the information specified in subsection (5).

(3) A body corporate which is carrying on the business of dentistry at the time when this section comes into force shall first provide the Council with the information specified in subsection (5) within the period of twelve months beginning with the date on which this section came into force.

(4) A body corporate which begins to carry on the business of dentistry after this section comes into force shall first provide the Council with the information specified in subsection (5) within the period of three months beginning with the date on which it begins to carry on that business.

(5) The information referred to in subsections (2), (3) and (4) is—

(a) the address of the body corporate’s principal office;

(b) the names of the directors of the body corporate and the addresses where they are resident;

(c) the names of all persons who practise dentistry in the course of the business and the addresses where they are resident;

(d) the names of all registered dental care professionals not falling within paragraph (b) or (c) who, in the course of the business, provide services in, or in relation to, any area of dentistry, and the addresses where they are resident; and

(e) such further information as may be specified in rules.

(6) Rules may specify the form and manner in which the information specified in subsection (5) is required to be provided.

(7) The Council may make regulations providing that a fee is payable by a body corporate on each occasion on which that body is required to provide information in accordance with subsection (2), (3) or (4).

Textual Amendments

F135 Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

43B. Financial penalties in relation to bodies corporate U.K.

(1) The registrar may refer to the Professional Conduct Committee for investigation information in his possession which indicates that there may be grounds for imposing a financial penalty under this section.

(2) For the purposes of this section, a “relevant requirement” means a requirement for a body corporate to—

(a) provide information under subsection (2), (3) or (4) of section 43A;

(b) provide such information in the form and manner specified in any rules under subsection (6) of that section; or

(c) pay any fee in accordance with regulations under subsection (7) of that section.

(3) The Professional Conduct Committee may impose a financial penalty under this section if they are satisfied that a body corporate failed to comply with a relevant requirement.

(4) In such a case, a financial penalty may be imposed on—

(a) the body corporate concerned;

(b) any person who was a director of that body at the time of the body’s failure to comply with the relevant requirement in question; or

(c) both that body corporate and one or more persons within paragraph (b).

(5) But a financial penalty shall not be imposed on a director or former director of the body corporate if he satisfies the Professional Conduct Committee that, at the time of the body’s failure to comply with the relevant requirement in question, he had taken all reasonable steps to ensure that the body complied with that requirement.

(6) A financial penalty imposed under this section—

(a) in the case of a body corporate, must not exceed £5,000,

(b) in the case of a person within subsection (4)(b), must not exceed £1,000,

and is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.

(7) If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (6)(a) or (b) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in paragraph (a) or (b) of that subsection such higher sum as appears to the Council justified by the change.

(8) The Council shall publish an order under subsection (7) in such form as they consider appropriate.

(9) An order under subsection (7) shall not have effect in relation to any case where the failure to comply with the relevant requirement in question occurred before the order came into force.

(10) Where the Professional Conduct Committee determine to impose a financial penalty under this section, the registrar shall forthwith serve on the person on whom the penalty is imposed notification of—

(a) the imposition of the penalty;

(b) the amount of the penalty;

(c) the period within which it is to be paid; and

(d) the person’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).

(11) Subject to subsection (12), the Council may recover the financial penalty from the person on whom it was imposed if the penalty is not paid within the period specified under subsection (6).

(12) A penalty may not be recovered under subsection (11) while proceedings by way of appeal under section 44B(1) are pending, or during the period in which any such proceedings may be brought.

(13) The Council shall pay any sum paid as a financial penalty, or recovered under subsection (11), into the Consolidated Fund.]

Textual Amendments

F135 Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F135 44 Further financial penalties on bodies corporate U.K.

(1) The Professional Conduct Committee may, subject to subsection (5), impose a financial penalty on a body corporate if condition A or condition B is satisfied.

(2) Condition A is satisfied if, at a time when the body corporate is carrying on the business of dentistry, the name of a director of the body corporate is erased—

(a) from the register by virtue of a direction under section 27B(6)(a); or

(b) from registration in the dental care professionals register under any title by virtue of a direction under section 36P(7)(a).

(3) Condition B is satisfied if at a time when the body corporate is carrying on the business of dentistry the name of a member of the staff of the body corporate is so erased, and in the opinion of the Professional Conduct Committee—

(a) the act or omission leading to the erasure was instigated, or connived at, by a director of the body corporate; or

(b) if the act or omission was a continuing act or omission, a director of the body corporate had, or reasonably ought to have had, knowledge of its continuation.

(4) A financial penalty imposed under subsection (1)—

(a) must not exceed £50,000; and

(b) is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.

(5) The Professional Conduct Committee shall not take a case into consideration under subsection (1) while proceedings by way of appeal are pending which may result in a decision that the name of the director or member of staff of the body corporate (as the case may be) should not be erased as described in subsection (2), or during the period in which any such proceedings may be brought.

(6) If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (4)(a) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in subsection (4)(a) such higher sum as appears to the Council justified by the change.

(7) The Council shall publish an order under subsection (6) in such form as they consider appropriate.

(8) An order under subsection (6) shall not have effect in relation to any case where the erasure of the name which gave rise to the penalty occurred before the order came into force.

(9) Where the Professional Conduct Committee determine to impose a financial penalty on a body corporate under subsection (1), the registrar shall forthwith serve on the body corporate notification of—

(a) the imposition of the penalty;

(b) the amount of the penalty;

(c) the period within which it is to be paid; and

(d) the body corporate’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).

(10) Subject to subsection (11), the Council may recover the financial penalty from the body corporate if the penalty is not paid within the period specified under subsection (4)(b).

(11) A penalty may not be recovered under subsection (10) while proceedings by way of appeal under section 44B(2) are pending, or during the period in which any such proceedings may be brought.

(12) The Council shall pay any sum paid as a financial penalty, or recovered under subsection (10), into the Consolidated Fund.

(13) References in this section to the erasure of the name of a director or member of staff of a body corporate include references to the erasure of the name of any person who was a director or member of staff of the body corporate at the time of the act or omission leading to the erasure.]

Textual Amendments

F135 Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F135 44A. Supplementary provisions relating to financial penalties under sections 43B and 44 U.K.

Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) applies to proceedings before the Professional Conduct Committee under section 43B or 44 with the following modifications—

(a) references to proceedings under Part 3 of the Act shall be read as including proceedings under sections 43B and 44;

(b) references to a Committee shall be read as references to the Professional Conduct Committee;

(c) in paragraph 1—

(i) omit sub-paragraph (1), and

(ii) for sub-paragraph (2) substitute—

“(2) A “party” to proceedings means—

(a) the body corporate;

(b) any director or former director of the body corporate against whom the proceedings are brought; or

(c) the Council.”;

(d) in paragraph 2—

(i) omit sub-paragraph (1)(b),

(ii) in sub-paragraph (2)(a), for “the person to whose registration the proceedings relate” substitute “the body corporate and any director or former director of the body corporate on whom a financial penalty may be imposed”, and

(iii) in sub-paragraph (2)(g), omit “the person (if any) making the allegation and”;

(e) omit paragraph 5;

(f) in paragraph 6(5), for paragraphs (a) and (b) substitute—

“(a) where the body corporate’s principal office is in Scotland, the sheriff in whose sheriffdom that office is situated; and”; and

(g) omit paragraph 7.

Textual Amendments

F135 Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

44B. Appeals relating to financial penalties U.K.

(1) A person on whom a financial penalty has been imposed under section 43B may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 43B(10), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.

(2) A body corporate on which a financial penalty has been imposed under section 44 may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 44(9), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.

(3) Where—

(a) any notification required to be served on a person by section 43B(10) or 44(9) is given by sending it to that person by post, and

(b) the registrar is satisfied, on the application of that person, that that person did not receive the notification within the period of 14 days beginning with the day on which the Professional Conduct Committee gave the determination to which the notification relates,

the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.

(4) In subsections (1) and (2) “the relevant court”—

(a) where the principal office of the body corporate is in Scotland, means the Court of Session;

(b) where the principal office of the body corporate is in Northern Ireland, means the High Court in Northern Ireland; and

(c) where the principal office of the body corporate is in any other place, means the High Court in England and Wales.

(5) In subsection (4)—

(a) where a financial penalty has been imposed on a body corporate, “the body corporate” means that body; and

(b) where a financial penalty has been imposed on a director or former director of a body corporate, “the body corporate” means the body whose failure to comply with a relevant requirement (within the meaning of section 43B) led to the imposition of the financial penalty.

(6) Subsections (3) and (4) of section 29 apply to appeals under this section as they apply to appeals under that section with the following modifications—

(a) in subsection (3)(c) and (d), omit references to the Professional Performance Committee and the Health Committee; and

(b) in subsection (3)(d), for “section 24, 27B, 27C or 28” substitute “section 43B or 44”.]

Textual Amendments

F135 Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F136 Part V U.K. Dental Auxiliaries

Textual Amendments

F136 Pt. V repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 40 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F136 45 Establishment by Council of classes of dental auxiliaries. U.K.

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

F136 46 Restrictions on employment of dental auxiliaries. U.K.

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

F136 47 Use of titles and descriptions. U.K.

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

F136 48 Functions of Dental Auxiliaries Committee. U.K.

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

Part VI U.K. Miscellaneous and Supplementary

Termination of the 1927 Agreement U.K.

49 Termination of the 1927 Agreement with the Republic of Ireland. U.K.

(1) If Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland agree to terminate the Agreement with respect to the registration and control of dentists set out in Part II of the Schedule to the M2 Medical and Dentists Acts Amendment Act 1927, Her Majesty may by Order in Council—

(a) effect such repeals in that Act and this Act, and

(b) make such modifications of this Act,

as appear to Her to be necessary or expedient in consequence of, or in connection with, the termination of the said Agreement.

(2) An Order in Council under this section may—

(a) appoint different days for different repeals or modifications to take effect under the Order; and

(b) contain such transitional and saving provisions as appear to Her Majesty to be necessary or expedient.

(3) An Order in Council under this section which repeals any provision by virtue of which a university or other body in the Republic of Ireland is a dental authority shall include provision preserving the right to registration or continued registration in the register of persons who, immediately before the coming into force of the Order, are entitled to be or are registered under section 15(1)(a) above in virtue of a qualification awarded by that university or body.

(4) An Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M2 1927 c. 39.

[F137 49A. Advisers U.K.

Schedule 4C to this Act (advisers) shall have effect.]

Textual Amendments

F137 S. 49A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 41 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Supplementary U.K.

F138 50 Evidence etc. in certain proceedings under this Act. U.K.

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

Textual Amendments

F138 S. 50 repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 42 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F139 50A. Service of notifications U.K.

(1) A notification under this Act which is required to be served on any person may be served, subject to subsections (4) and (6), by—

(a) delivering it to that person personally;

(b) leaving it at that person’s proper address;

(c) sending it by a registered post service; or

(d) sending it by a postal service which provides for the delivery of the notification by post to be recorded.

(2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (which defines “service by post”) in its application to this section, the proper address of an individual (except in the cases mentioned in subsection (3)) is—

(a) his address in the dentists register or the dental care professionals register (or, if he is not registered, the address which would have been shown if he were registered); or

(b) his last known address, if that differs from the address mentioned in paragraph (a) and it appears to the person serving the notification that the notification is more likely to reach him at that address.

(3) The cases referred to in subsection (2) are those where a notification is required to be served—

(a) under section 27A(7) or section 36O(7), or in accordance with rules made under paragraph 2(2)(g) of Schedule 3 or paragraph 2(2)(g) of Schedule 4B, on a person making an allegation,

(b) under section 43B(10) on a person who is a director or former director of a body corporate, or

(c) in accordance with rules made under paragraph 2(2)(d) or (g) of Schedule 3 or paragraph 2(2)(d) or (g) of Schedule 4B on a person who may have an interest in certain proceedings,

and in such cases, for the purposes mentioned in subsection (2), the person’s proper address is the address where he resides.

(4) A notification which is required to be served on a body corporate shall be duly served if it is served on an officer, secretary or clerk of that body.

(5) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a body corporate, or of an officer, secretary or clerk of that body, is—

(a) that body’s address as specified in the list maintained by the Council under section 43A; or

(b) the address of that body’s registered or principal office if—

(i) it appears to the person serving the notification that the notification is more likely to reach the body corporate or its officer, secretary or clerk at that address, or

(ii) there is no address specified in relation to that body in that list.

(6) Rules may provide for a notification which is required to be served on any person under this Act to be served by an electronic communication.

(7) Rules under subsection (6) shall secure that a notification cannot be served on a person by an electronic communication unless—

(a) the person consents in writing to the receipt of notifications under this Act by electronic communication; and

(b) the communication is sent to the number or address specified by that person when giving consent.

(8) In this section, “electronic communication” has the same meaning as in the Electronic Communications Act 2000.

(9) References in this section to serving a notification include references to sending a notification.

Textual Amendments

F139 Ss. 50A-50D inserted (19.7.2005 for the insertion of ss. 50C, 50D and otherwise in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 43 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

50B. Publication of information U.K.

(1) Subject to subsection (2), any information or guidance which is to be published by the registrar, the Council or a Practice Committee in accordance with any provision of this Act may be published in such form and manner as the registrar, the Council or the Practice Committee (as the case may be) consider appropriate, including in electronic form.

(2) Information required to be published under rules under paragraph 2(2)(h) of Schedule 3 to this Act or paragraph 2(2)(h) of Schedule 4B to this Act shall be published in such manner as may be determined by those rules, and not by this section.

Textual Amendments

F139 Ss. 50A-50D inserted (19.7.2005 for the insertion of ss. 50C, 50D and otherwise in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 43 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

50C. Rules U.K.

(1) Any power in this Act to make rules shall be exercisable by the Council.

(2) Rules made under this Act shall not come into force until approved by the Privy Council, except in the case of rules made under—

• section 36B(4) (dental care professionals register);

• section 36D(6) and (7) (education and training for members of professions complementary to dentistry);

• section 36E (rules relating to the dental care professionals register);

• section 43A(5) and (6) (provision of information by bodies corporate); and

• paragraphs 4(2) and 8(1)(a) and (b) of Schedule 1 (the Council: supplementary provisions).

(3) The approval of the Privy Council shall be given by order made by the Privy Council.

(4) The Privy Council may approve rules as submitted to them, or subject to such modifications as appear to them to be requisite.

(5) Any power to make rules under this Act may be exercised—

(a) so as to make different provision with respect to different cases or different classes of case or different provision in respect of the same case or class of case for different purposes of this Act; and

(b) either in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions.

(6) Any power to make rules under this Act includes power to make any incidental, consequential, saving, transitional, transitory or supplementary provision which the Council consider necessary or expedient.

Textual Amendments

F139 Ss. 50A-50D inserted (19.7.2005 for the insertion of ss. 50C, 50D and otherwise in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 43 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

50D. Rules: consultation requirements U.K.

(1) Before making rules under Schedule 3 or 4B, the Council shall consult—

(a) such persons to whom subsection (2) applies as the Council consider appropriate;

(b) the bodies within subsection (4); and

(c) such bodies to which subsection (5) applies as the Council consider appropriate.

(2) This subsection applies to persons who appear to the Council to be representative of one or more of the following—

(a) users of the services of registered dentists;

(b) users of the services of registered dental care professionals;

(c) registered dentists;

(d) registered dental care professionals;

(e) employers of registered dentists; and

(f) employers of registered dental care professionals.

(3) The Council shall exercise their function under subsection (1)(a) so that the persons consulted are, taken together, representative of all the categories of person mentioned in subsection (2)(a) to (f).

(4) The bodies within this subsection are—

(a) Primary Care Trusts in England;

(b) Local Health Boards in Wales;

(c) Health Boards in Scotland; and

(d) Health and Social Services Boards in Northern Ireland.

(5) This subsection applies to bodies which make arrangements, for the provision of dental services, with one or both of the following—

(a) registered dentists,

(b) registered dental care professionals,

but are not within subsection (4).

(6) Subsection (1) does not apply in relation to rules made under Schedule 3 as applied (with modifications) by section 44A (supplementary provisions relating to financial penalties in relation to bodies corporate), but before making such rules the Council shall consult—

(a) the bodies corporate which carry on the business of dentistry; and

(b) such organisations appearing to the Council to be representative of users of the services of those bodies corporate as the Council consider appropriate.]

Textual Amendments

F139 Ss. 50A-50D inserted (19.7.2005 for the insertion of ss. 50C, 50D and otherwise in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 43 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Modifications etc. (not altering text)

C7 S. 50D modified (19.7.2005) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 50(4) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

51 Exercise of powers conferred on Privy Council. U.K.

[F140 (1)] The powers conferred by this Act on the Privy council F141 ... shall be exercisable by any two or more members of the Privy Council.

[F142 (2) Any power of the Privy Council to make an order under this Act shall be exercisable by statutory instrument, except—

(a) the power to make an order under section 11 (remedy where qualifying courses of study or examinations are inadequate); and

(b) the power to make an order under section 12 (candidates not to be required to adopt or reject particular theories of dentistry).

(3) A statutory instrument which contains an order made by the Privy Council—

(a) under section 1(2A) (constitution of the Council),

(b) approving rules under section 41(1) (restriction on individuals carrying on the business of dentistry),

(c) approving rules under Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists),

(d) approving rules under Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), or

(e) approving rules under Schedule 4C (advisers),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Where a statutory instrument is made which contains an order made by the Privy Council approving regulations under section 36A(2) (professions complementary to dentistry)—

(a) in the case of regulations to which subsection (5) applies, that instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) in any other case, that instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament or of the Scottish Parliament.

(5) This subsection applies to regulations which specify a profession complementary to dentistry, or a class of members of such a profession, which, immediately before the revocation of the Dental Auxiliaries Regulations 1986 (S.I.1986/887), constituted a class of dental auxiliaries regulated by those Regulations.

(6) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

(7) Any document purporting to be—

(a) an instrument made by the Privy Council under this Act, and

(b) signed by the Clerk of the Privy Council,

shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.]

Textual Amendments

F140 S. 51(1): s. 51 renumbered as s. 51(1) (19.7.2005) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 44(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F141 Words in s. 51 repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(4), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)

F142 S. 51(2) inserted (19.7.2005) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 44(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

52 Regulations and other documents. U.K.

(1) The M3 Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made by the Council under this Act in like manner as if the regulations had been made by a Minister of the Crown.

[F143 (1A) Any power to make regulations under this Act may be exercised—

(a) so as to make different provision with respect to different cases or different classes of case or different provision in respect of the same case or class of case for different purposes of this Act; and

(b) either in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions.

(1B) Any power to make regulations under this Act includes power to make any incidental, consequential, saving, transitional, transitory or supplementary provision which the Council consider necessary or expedient.]

(2) Prima facie evidence of any document issued by the Council may be given in all legal proceedings by the production of a copy or extract purporting to be certified to be a true copy or extract by the registrar or some other officer of the Council authorised to give a certificate for the purposes of this subsection.

(3) No proof shall be required of the handwriting or official position or authority of any person certifying in pursuance of this section to the truth of any copy of, or extract from, any regulations or other document.

Textual Amendments

F143 S. 52(1A)(1B) inserted (19.7.2005) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), arts. 1(3), 45 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Marginal Citations

M3 1946 c. 36.

53 Interpretation. U.K.

(1) In this Act—

• [F144 “competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

  (a)

  receive or issue evidence of qualifications or other information or documents, or

  (b)

  receive applications and take the decisions referred to in the Directive,

  in connection with the practice of dentistry or a profession complementary to dentistry;;]

• “the Council” means the General Dental Council;

• “dental authority” shall be construed in accordance with section 3(4) above;

• “diploma” means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place (whether within or without Her Majesty’s dominions);

• [F145 “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJNo. L255, 30.09.2005, p.22), and references in this Act to the Directive or to any provision of the Directive are references to the Directive, or to that provision of the Directive, as amended from time to time;]

• [F146 “exempt person”, in relation to the profession of dentistry or in relation to a profession complementary to dentistry, means—

  (a)

  a national of a relevant European State other than the United Kingdom;

  (b)

  a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable Community right; or

  (c)

  a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;

• “the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);]

• F147 ...

• [F148 “interim order” means—

  (a)

  an interim suspension order under section 32(4)(a) or section 36V(4)(a); or

  (b)

  an order for interim conditional registration under section 32(4)(b) or section 36V(4)(b);

• [F149 “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;]

• “Practice Committee” shall be construed in accordance with section 2;

• “profession complementary to dentistry” shall be construed in accordance with section 36A(1);]

• “recognised overseas diploma” has the meaning given by section 15(2) above.

• “the register” means the dentists register;

• [F150 “registered dental care professional” means a person for the time being registered in the dental care professionals register under a title or titles;]

• “registered dentist” means (subject to section 17(4) above) a person for the time being registered in the register;

• “the registrar” means the person for the time being appointed under [F151 section 14(2)] above;

• [F152 “relevant European State” means an EEA State or Switzerland.]

• F153 ...

(2) In this Act references to the practice of dentistry shall be construed in accordance with section 37 above, and references to carrying on the business of dentistry shall be construed in accordance with section 40 above.

[F154 (2A) In this Act references to a body corporate’s principal office mean, in the case of a body corporate registered outside the United Kingdom, that body’s principal office within the United Kingdom.]

(3) References in this Act to the provision of national health services are references to the provision of—

[F155 (a) services under—

(i) [F156 section 2, 3, 92 or 107 of, or paragraphs 1 to 6 of Schedule 1 to, the National Health Service Act 2006, or section 2, 3, 50 or 64 of, or paragraphs 1 to 6 of Schedule 1 to, the National Health Service (Wales) Act 2006] ;

(ii) section 17C, 36, 38 or 39 of the M4 National Health Service (Scotland) Act 1978; or

(iii)] Article 5, 8 [F157 , 9 or 15B] of the M5 Health and Personal Social Services (Northern Ireland) Order 1972; and

(b) services at health centres provided under the said sections 2, 3 or 36 or the said Article 5.

F158 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Words in s. 53(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(a)

F145 Words in s. 53(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(b)

F146 Words in s. 53(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(d)

F147 Words in s. 53(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(c)

F148 Words in s. 53(1) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 46(2)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F149 Words in s. 53(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(e)

F150 Words in s. 53(1) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 46(2)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F151 Words in s. 53(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 46(2)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F152 Words in s. 53(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(f)

F153 Words in s. 53(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 129(g)

F154 S. 53(2A) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 46(3) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F155 Words in s. 53(3)(a) substituted (18.11.1998) by virtue of 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 62; S.I. 1998/2840, art. 2(1)

F156 Words in s. 53(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 82 (with Sch. 3 Pt. 1)

F157 Words in s. 53(3)(a)(iii) substituted (1.4.1999) by S.I. 1997/1177, art. 32(1), Sch. 2; S.R. 1998/301, art. 2(2), Sch. 2 (with art. 3)

F158 S. 53(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

Marginal Citations

M4 1978 c. 29.

M5 S.I. 1972/1265 (N.I. 14).

54 Consequential amendments, repeals and revocations. U.K.

(1) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the consequential amendments specified in that Schedule.

(2) The enactments mentioned in Part I of Schedule 6 to this Act are hereby repealed to the extent specified in the third column.

(3) The instruments mentioned in Part II of that Schedule are hereby revoked to the extent specified in the third column.

55 Commencement, transitional provisions and savings. U.K.

(1) Subject to subsections (2) and (3) below, the foregoing provisions of this Act shall come into force on 1st October 1984; and references to the commencement of this Act shall be construed as references to the beginning of that day.

(2) The following provisions of this Act, namely—

(a) section 49, and

(b) section 54(2) and Part I of Schedule 6 so far as they repeal section 29 of the M6 Dentists Act 1983,

shall come into force at the end of the period of one month beginning with the day on which this Act is passed.

(3) The following provisions of this Act, namely—

(a) sections 2(4) and (5), 28 and 31, paragraph 8(2) of Schedule 1, and paragraphs 3, 6 and 9(3) of Schedule 3, and

(b) sections 29, 30 and 33 and any provisions of Schedule 3 not mentioned in paragraph (a) above, so far as those sections and provisions relate to proceedings before the Health Committee or to any direction or order given or made by that Committee,

shall come into force on such day as Her Majesty may by Order in Council appoint, and different days may be appointed for, or for different purposes of, different provisions.

(4) The transitional and saving provisions contained in Schedule 7 to this Act shall have effect (but without prejudice to sections 16 and 17 of the M7 Interpretation Act 1978, which relate to repeals); and Her Majesty may by Order in Council provide for such further transitional and saving provisions to have effect in connection with the coming into force under subsection (3) above of any provision of this Act as appear to Her Majesty to be necessary or expedient.

(5) Her Majesty may by Order in Council, in connection with the coming into force under subsection (1) above of any provision of this Act in so far as it reproduces the effect of any provision of the M8 Dentists Act 1983 specified in subsection (2) of section 34 of that Act, make provision corresponding to that which could have been made under subsection (4) of that section in connection with the coming into force under that section of the provision so specified.

Modifications etc. (not altering text)

C8 S. 55(3) : power of appointment conferred by section 55(3) fully exercised: 1.1.1985 appointed by S.I. 1984/1815

Marginal Citations

M6 1983 c. 38.

M7 1978 c. 30.

M8 1983 c. 38.

56 Short title and extent. U.K.

(1) This Act may be cited as the Dentists Act 1984.

(2) This Act extends to Northern Ireland.

SCHEDULES

Sections 1 and 2.

SCHEDULE 1 U.K. The Council and Committees of the Council: Supplementary Provisions

Part I U.K. The Council

[F159 Constitution U.K.

Textual Amendments

F159 Sch. 1 Pt. I paras. 1-4 and cross-headings substituted (coming into force in accordance with art. 1(2) of the amending S.I.) for Sch. 1 Pt. I paras. 1-5 and cross-headings by S.I. 2001/3926, art. 4

1 (1) The Council shall consist of— U.K.

(a) members who are registered dentists;

[F160 (b) members who are registered dental care professionals; and]

(c) lay members.

(2) An [F161 order of the Privy Council] made under section 1(2A) of this Act shall provide for the numbers of each of the three categories of member mentioned in sub-paragraph (1) above.

(3) The number of members falling within sub-paragraph (1)(a) shall exceed the combined number of members falling within sub-paragraphs (1)(b) and (1)(c).

(4) A person shall not be disqualified from being appointed or elected as a member of the Council merely because he has already been a member.

(5) In this paragraph and [F162 paragraph 2] , “lay member” means a member who is neither a registered dentist nor a [F163 registered dental care professional].

Textual Amendments

F160 Sch. 1 para. 1(1)(b) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(2)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F161 Words in Sch. 1 para. 1(2) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(2)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F162 Words in Sch. 1 para. 1(5) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 27(2); S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

F163 Words in Sch. 1 para. 1(5) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(2)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Lay members U.K.

2 (1) An [F164 order of the Privy Council] made under section 1(2A) of this Act shall make provision for— U.K.

(a) the appointment of lay members to the Council,

(b) the tenure and termination of office of the lay members, and

(c) any other matter which appears to [F165 the Privy Council] to be necessary or expedient in relation to the lay membership of the Council.

[F166 (2) The lay members shall be appointed by the Privy Council.

(3) The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.

(4) A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.]

Textual Amendments

F164 Words in Sch. 1 para. 2(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(3)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F165 Words in Sch. 1 para. 2(1)(c) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(3)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F166 Sch. 1 para. 2(2)-(4) substituted for Sch. 1 para. 2(2)(3) (19.10.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 12 para. 3(3); S.I. 2004/2626, art. 2

F167 2A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Sch. 1 para. 2A repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 27(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

[F168 Members who are registered dentists or registered dental care professionals] U.K.

Textual Amendments

F168 Sch. 1 para. 3 heading substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(4) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

3 (1) An [F169 order of the Privy Council] made under section 1(2A) of this Act shall, in relation to the members mentioned in paragraphs 1(1)(a) and (b) above, make provision for— U.K.

(a) their tenure and termination of office,

(b) by-elections, and

[F170 (c) any other matter which appears to the Privy Council to be necessary or expedient in relation to the categories of members of the Council mentioned in paragraph 1(1)(a) and (b).]

[F171 (1A) An order under section 1(2A) shall in particular provide that a member who at the time of his election was a registered dentist or registered dental care professional is to be removed from office if he ceases to be registered in the register or (as the case may be) the dental care professionals register.]

(2) Council shall make rules to provide for an election scheme for the election of the members mentioned in paragraph 1(1)(a) and 1(1)(b) above.

F172 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The election scheme must secure that the Council’s membership includes at least one registered dentist from each of England, Scotland, Wales and Northern Ireland.

(5) A registered dentist is “from” England (etc.) if his address in the register is there at the time of his nomination.

F173 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F169 Words in Sch. 1 para. 3(1) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(5)(a)(i) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F170 Sch. 1 para. 3(1)(c) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(5)(a)(ii) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F171 Sch. 1 para. 3(1A) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(5)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F172 Sch. 1 para. 3(3) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(5)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F173 Sch. 1 para. 3(6) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(5)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Council President U.K.

4 (1) The members of the Council shall elect one of their number to be President of the Council. U.K.

(2) The Council shall make rules providing for the method by which the President is to be elected and for any matters concerning the holding of the office of President that they deem necessary.

(3) Such rules may provide that the only persons eligible to be candidates shall be persons of a description specified in the rules.

(4) No person may be elected as President more than once.

F174 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F174 Sch. 1 para. 4(5) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(6) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

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

General powers of Council U.K.

6 (1) Subject to the following provisions of this Part of this Schedule, the Council shall have power to do any thing which in their opinion is calculated to facilitate the proper discharge of their functions. U.K.

(2) The Council shall, in particular, have power to pay to their members F176 ... such fees and such travelling, subsistence or other allowances as they may determine.

[F177 (2A) The Council shall also have power to pay the members of any of their committees such allowances and expenses as the Council may determine.]

(3) The powers of the Council and of any of the Council’s committees may be exercised notwithstanding any vacancy.

(4) No proceedings of the Council or of any of the Council’s committees shall be invalidated by any defect in the appointment of a member F178 ....

Textual Amendments

F176 Words in Sch. 1 para. 6(2) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 6(3)(a)

F177 Sch. 1 para. 6(2A) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(2)

F178 Words in Sch. 1 para. 6(4) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 6(3)(b)

[F179 7 (1) Subject to section 43B(13) and section 44(12), the Council may, after paying their expenses, allocate any of their income to— U.K.

(a) purposes connected with education or research in relation to—

(i) the dental profession, or

(ii) professions complementary to dentistry; or

(b) any other public purpose connected with either or both of those professions.

(2) In sub-paragraph (1), “expenses” includes the payments authorised under this Schedule to be made to members of the Council and their committees and the salaries and remuneration of the Council’s officers.]

Textual Amendments

F179 Sch. 1 para. 7 substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(7) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

8 (1) The Council may make rules— U.K.

(a) for regulating the proceedings (including quorum) of the Council,

(b) for delegating, subject to the provisions of this Act, to committees, including the committees referred to in [F180 section 2 of this Act], [F181 or to any officer of the Council,] functions of the Council, and

(c) [F182 subject to the provisions of this Act and in particular sub-paragraph (1A),] for appointing the members and regulating the proceedings (including quorum) of any committees, including the committees referred to in [F180 section 2 of this Act] and any sub-committees.

[F183 (1A) The power conferred by sub-paragraph (1)(c) does not include power to make any rules regulating the proceedings of the committees referred to in section 2 of this Act, in so far as the power to make such rules is specifically conferred by Schedule 3 or 4B to this Act.]

F184 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F185 (2A) Some or all of the members of committees of the Council may be persons who are not members of the Council.]

F184 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this paragraph shall authorise the Council to delegate any power of making rules or regulations under any other provision of this Act.

Textual Amendments

F180 Words in Sch. 1 para. 8(1)(b)(c) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(1)(4)(a)

F181 Words in Sch. 1 para. 8(1)(b) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(8)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F182 Words in Sch. 1 para. 8(1)(c) substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(8)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F183 Sch. 1 para. 8(1A) inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(8)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F184 Sch. 1 para. 8(2)(3) omitted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 47(8)(d) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F185 Sch. 1 para. 8(2A) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(1)(4)(c)

F186 Part II U.K.

Textual Amendments

F186 Sch. 1 Pt. II (paras. 9-12) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of S.I. 2001/3926, art. 7(5)

The Education Committee U.K.

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

The Preliminary Proceedings Committee U.K.

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

The Professional Conduct Committee U.K.

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

The Dental Auxiliaries Committee U.K.

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

Section 15(2).

SCHEDULE 2 U.K. European Dental Qualifications

Part I U.K. Appropriate European Diplomas

[F187 1 U.K. In this Schedule—

• “medical qualification” means a diploma, certificate or other evidence of qualifications as a doctor issued by a competent authority in a relevant European State; and

• “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.3.2 of the Directive.]

Textual Amendments

F187 Sch. 2 para. 1 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(2)

[F188 2 U.K. Subject to paragraphs 3, 3A and 4 below, any diploma in dentistry granted in [F189 a relevant European State] is an appropriate European diploma for the purposes of section 15(1)(b) of this Act [F190 , provided that, where the diploma is listed in Annex V, point 5.3.2 of the Directive, it is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”.]]

Textual Amendments

F188 Sch. 2 Pt. I para. 2 substituted (1.7.1996) by S.I. 1996/1496 , reg. 3(3)

F189 Words in sch. 2 para. 2 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(3)(a)

F190 Words in sch. 2 para. 2 inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(3)(b)

[F191 3 U.K. A diploma listed in Annex V, point 5.3.2 of the Directive granted in a relevant European State before the reference date, or on or after that date where training of which the diploma is evidence was commenced by the holder before that date, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder either—

(a) does the following—

(i) satisfies the registrar (by means of a certificate of a competent authority of that State or otherwise) that the diploma guarantees that the holder’s training satisfies the requirements of article 34 of the Directive (requirements for basic dental training), and

(ii) produces to the registrar, where appropriate, the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”; or

(b) produces to the registrar a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate.]

Textual Amendments

F191 Sch. 2 para. 3 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(4)

[F192 3A U.K. A diploma granted in a relevant European State on or after the reference date which is not evidence of training commenced by the holder before that date, and which is not listed in Annex V, point 5.3.2 of the Directive, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder produces to the registrar a certificate issued by a competent authority of the relevant European State certifying that the diploma—

(a) is evidence of training which satisfies the requirements of article 34 of the Directive; and

(b) is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive.]

Textual Amendments

F192 Sch. 2 para. 3A substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(5)

[F193 4 U.K. A diploma granted in [F194 a relevant European State before the reference date] or on or after that date where training of which that diploma is evidence was commenced by the holder before that date (and not being, in either case, [F195 listed in Annex V, point 5.3.2 of the Directive] ) is not an appropriate European diploma for [F196 the purposes of section 15(1)(b)] unless the holder produces to the registrar such a certificate as is mentioned in paragraph 3(b) [F197 or 3A]above.]

Textual Amendments

F193 Sch. 2 Pt. I para. 1 substituted (1.7.1996) by S.I. 1996/1496, reg. 3(2)

F194 Words in Sch. 2 para. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(6)(a)

F195 Words in Sch. 2 para. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(6)(b)

F196 Words in Sch. 2 para. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(6)(c)

F197 Words in Sch. 2 Pt. I para. 4 inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(6)(b)

[F198 5 U.K. A medical qualification awarded in Austria, Italy, Romania or Spain to a person who began his medical training on or before the reference date for the State concerned is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where that person produces to the registrar a certificate issued by a competent authority of the State concerned certifying that the person—

(a) has—

(i) effectively, lawfully and principally practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate, or

(ii) successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and

(b) is authorised to practise dentistry under the same conditions as holders of a qualification listed in relation to the State concerned in Annex V, point 5.3.2 of the Directive.]

Textual Amendments

F198 Sch. 2 para. 5 substituted for Sch. 2 paras. 5 and 6 (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(7)

F198 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 Sch. 2 para. 5 substituted for Sch. 2 paras. 5 and 6 (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(7)

[F199 6A. (1) A [F200 medical qualification] awarded in Italy to a person who began medical training at a university [F201 after 28th January 1980] is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where, subject to sub-paragraph (2) below, that person produces to the registrar a certificate issued by the competent authority in Italy certifying that— U.K.

(a) he has passed the [F202 relevant] aptitude test set by that competent authority which demonstrates that he possesses a level of knowledge and skills comparable to those of a person holding the qualification [F203 listed in relation to Italy in Annex V, point 5.3.2 of the Directive] ;

(b) he has effectively, lawfully and principally practised dentistry in Italy for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(c) he is authorised to practise dentistry under the same conditions as a holder of the qualification [F204 listed in relation to Italy in Annex V, point 5.3.2 of the Directive] .

[F205 (2) A person shall be excepted from satisfying the requirement referred to in sub-paragraph (1)(a) if he satisfies the registrar that he has successfully completed three years of study—

(a) which, in the case of a person who began medical training at a university after 31st December 1984, were begun before 31st December 1994; and

(b) which are certified by a competent authority in Italy as being equivalent to the training referred to in article 34 of the Directive.]]

Textual Amendments

F199 Sch. 2 para. 6A inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148) , regs. 1(1)(c) , 6(6)(c)

F200 Words in Sch. 2 para. 6A(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(8)(a)(i)

F201 Words in Sch. 2 para. 6A(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(8)(a)(ii)

F202 Word in Sch. 2 para. 6A(1)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(8)(a)(iii)

F203 Words in Sch. 2 para. 6A(1)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(8)(a)(iv)

F204 Words in Sch. 2 para. 6A(1)(c) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(8)(a)(iv)

F205 Sch. 2 para. 6A(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(8)(b)

[F206 7 U.K. A diploma in dentistry which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if—

(a) the holder produces to the registrar a certificate of the competent authority of Germany certifying that he has effectively and lawfully practised dentistry in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(b) he is authorised to practise dentistry throughout the territory of Germany under the same conditions as holders of [F207 the qualification listed in relation to Germany in Annex V, point 5.3.2 of the Directive] .]

Textual Amendments

F206 Sch. 2 Pt. I para. 7 inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(7)

F207 Words in Sch. 2 para. 7(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(9)

[F208 8. (1) A diploma in dentistry which— U.K.

(a) is evidence of training that commenced before the date specified in column (a) of the table below in the territory specified in the corresponding entry in column (b) of that table; or

(b) was awarded by [F209 the former state] specified in column (b) of that table before the date specified in the corresponding entry in column (a) of that table,

is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar the certificates specified in sub-paragraph (2).

(2) The certificates specified for the purposes of sub-paragraph (1) are—

[F210 (a) a certificate of a competent authority of the relevant European State specified in the corresponding entry in column (c) of the table stating that the holder has effectively and lawfully practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(b) certificate from the competent authority of that State stating that that diploma has, on its territory, the same legal validity as regards access to and practice of the dental profession as the qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive. ]

Column (a)	Column (b)	Column (c)
20th August 1991	Former Soviet Union	Estonia
21st August 1991	Former Soviet Union	Latvia
11th March 1990	Former Soviet Union	Lithuania
25th June 1991	[F211 Former Yugoslavia]	Slovenia]

Textual Amendments

F208 Sch. 2 paras. 8-10 added (18.8.2004) by European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), regs. 1(2), 11(3)(c)

F209 Words in Sch. 2 para. 8(1)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(10)(a)

F210 Sch. 2 para. 8(2)(a)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(10)(b)(i)

F211 Words in Sch. 2 para. 8(2) Table substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(10)(b)(ii)

[F212 9. U.K. A medical qualification awarded in the Czech Republic or in the former Czechoslovakia which is evidence of medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of a competent authority of the Czech Republic certifying that the holder—

(a) has—

(i) effectively, lawfully and principally practised dentistry in the Czech Republic for at least three consecutive years during the five years preceding the date of issue of the certificate, or

(ii) successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and

(b) is authorised to practise dentistry under the same conditions as holders of the qualification listed in relation to the Czech Republic in Annex V, point 5.3.2 of the Directive.]

Textual Amendments

F212 Sch. 2 para. 9 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(11)

[F213 10. U.K. A medical qualification awarded in Slovakia or in the former Czechoslovakia which is evidence of medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of a competent authority of Slovakia certifying that the holder—

(a) has—

(i) effectively, lawfully and principally practised dentistry in Slovakia for at least three consecutive years during the five years preceding the date of issue of the certificate, or

(ii) successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and

(b) is authorised to practise dentistry under the same conditions as holders of the qualification listed in relation to Slovakia in Annex V, point 5.3.2 of the Directive.]

Textual Amendments

F213 Sch. 2 para. 10 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(11)

F214 PART II U.K. SCHEDULED EUROPEAN DIPLOMAS

Textual Amendments

F214 Sch. 2 Pt. II omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 130(12)

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

Section 25A

[F215 SCHEDULE 2A U.K. Registration appeals: dentists register

Textual Amendments

F215 Sch. 2A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 1 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

1. U.K. In this Schedule—

• “appealable registration decision” shall be construed in accordance with paragraphs 2 and 3(2);

• “person concerned” means a person notified under paragraph 3(1) of an appealable registration decision made in respect of him, or, as the case may be, an applicant in respect of whom an appealable registration decision is treated as having been made by virtue of paragraph 3(2); and

• “the requisite period”, in relation to a decision of a kind specified in paragraph 2(1)(a), (b), (d), (f), (g), (i) or (j), means the period of three months beginning with the date when the registrar is first in possession of sufficient information to make the decision [F216 , and in relation to a decision of a kind specified in paragraph 2(1)(aa), means the period of four months beginning with the date when the registrar is first in possession of sufficient information to make the decision] .

Textual Amendments

F216 Words in Sch. 2A para. 1 inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 131(a)

2. (1) The following decisions are appealable registration decisions for the purposes of this Schedule— U.K.

[F217 (a) a decision not to register a person’s name in the register under subsection (1)(a), (b) or (c) of section 15 (qualification for registration) on the grounds that any of the requirements of that section are not met;

(aa) a decision not to register a person’s name in the register under subsection (1)(ba) of section 15 on the grounds that any of the requirements of that section are not met;

(ab) a decision under Part 3 of the General Systems Regulations to require an exempt person within sub-paragraphs (i) and (ii) of section 15(1)(ba) to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of dentistry in the United Kingdom;]

(b) a decision not to give a direction for temporary registration under section 17 (temporary registration);

(c) a decision under section 23(3) (erasure of names of those who have ceased to practise) to erase a person’s name from the register;

(d) a decision under section 23(4) not to restore a person’s name to the register;

(e) a decision under section 24(1) (erasure on grounds of error) to erase an entry relating to a person from the register;

(f) a decision under section 26A(8)(a), (b) or (c) (insurance) not to register a person’s name in the register, not to restore his name to the register or to erase his name from the register;

(g) a decision under section 26A(9) not to restore a person’s name to the register;

(h) a decision under section 34A(2) (professional training and development requirements) to erase a person’s name from the register;

(i) a decision under section 34A(3) not to restore a person’s name to the register;

(j) a decision not to register a person’s name in the register on the grounds that section 35(1) is satisfied (effect on registration of disqualification in another [F218 relevant European State);]

(k) a decision under section 35(3) to erase a person’s name from the register[F219 ; and

(l) a decision not to register a person’s name in the register under Schedule 4 (visiting dentists from relevant European States).]

(2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision taken by reason only that the person failed to—

(a) pay any fee prescribed by regulations made under section 19; or

(b) make an application as required under this Act or any rules made under it.

Textual Amendments

F217 Sch. 2A para. 2(1)(a)-(ab) substituted for Sch. 2A para. 2(1)(a) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 131(b)(i)

F218 Words in Sch. 2A para. 2(1)(j) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 131(b)(ii)

F219 Sch. 2A para. 2(1)(l) and word inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 131(b)(iii)

Notification of appealable registration decisions U.K.

3. (1) Where an appealable registration decision is made in respect of a person, the registrar shall forthwith serve on that person written notification of—

(a) the decision;

(b) the reasons for the decision; and

(c) that person’s right to appeal under paragraph 4.

(2) Where an applicant has not been served with notification of a decision in respect of an application for registration or restoration of a name mentioned in [F220 paragraphs (a), (aa), (b)] , (d), (f), (g), (i) or (j) of paragraph 2(1) within the requisite period, that omission shall be treated as a decision not to register or, as the case may be, restore the applicant’s name, which is an appealable registration decision for the purposes of this Schedule.

Textual Amendments

F220 Words in Sch. 2A para. 3(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 131(c)

Appeals from an appealable registration decision U.K.

4. (1) A person concerned may appeal to the Registration Appeals Committee against—

(a) the appealable registration decision made in respect of him of which he was notified under paragraph 3(1); or

(b) the appealable registration decision treated as having been made in respect of him by virtue of paragraph 3(2).

(2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal to the registrar.

(3) Notice of appeal in a case within sub-paragraph (1)(a) must be given before the end of the period of 28 days beginning with the date on which notification of the decision was served under paragraph 3(1), subject to any extension of time under paragraph 5.

(4) Notice of appeal in a case within sub-paragraph (1)(b) must be given before the end of the period of 28 days following the end of the requisite period.

(5) In the case of an appealable registration decision which is a decision to erase a person’s name from the register, where—

(a) no appeal under this paragraph is brought against the decision within the period of time specified in sub-paragraph (3), or

(b) an appeal under this paragraph is brought but is withdrawn or struck out for want of prosecution,

that decision shall take effect on the expiry of that period or, as the case may be, on the withdrawal or striking out of that appeal.

(6) For the purposes of considering an appeal under this paragraph, the Registration Appeals Committee may make such inquiries as they consider appropriate.

(7) Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) applies to proceedings under this Schedule before the Registration Appeals Committee with the following modifications—

(a) in paragraph 1—

(i) omit sub-paragraph (1), and

(ii) in sub-paragraph (2)(b) for “the Council” substitute “the registrar”;

(b) references to a Committee shall be read as references to the Registration Appeals Committee;

(c) in paragraph 2—

(i) omit sub-paragraph (1)(b), and

(ii) in sub-paragraph (2)(g) omit “the person (if any) making the allegation and”; and

(d) omit paragraph 7.

(8) In disposing of an appeal under this paragraph, the Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the registrar; or

(d) remit the case to the registrar to dispose of in accordance with the directions of the Registration Appeals Committee.

(9) In the case of an appealable registration decision which is a decision to erase a person’s name from the register, where the Registration Appeals Committee dispose of an appeal brought under this paragraph by making a determination under sub-paragraph (8)(a), (c) or (d), that decision shall take effect—

(a) where no appeal under paragraph 6 is brought against the determination of the Registration Appeals Committee within the period of time specified in paragraph 6(1), on the expiry of that period;

(b) where an appeal under paragraph 6 is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of that appeal; or

(c) where an appeal under paragraph 6 is brought and dismissed under paragraph 6(2)(a), on the dismissal of that appeal.

(10) Where the Registration Appeals Committee make a determination on an appeal under this Schedule, they shall, as soon as reasonably practicable—

(a) inform the registrar of, and serve on the person concerned notification of, the Committee’s determination on the appeal and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (8)(b), serve on the person concerned notification of his right of appeal under paragraph 6.

Extension of time for appealing U.K.

5. Where—

(a) any notification of a decision required under paragraph 3(1) to be served on a person is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3).

Appeals from the Registration Appeals Committee U.K.

6. (1) Where—

(a) the Registration Appeals Committee determine an appeal under paragraph 4, and

(b) they do not determine under paragraph 4(8)(b) to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notification of the determination was served on him under paragraph 4(10), appeal against the determination to the relevant court.

(2) On an appeal under this paragraph from the Registration Appeals Committee, the relevant court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination appealed against,

(c) substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Committee, or

(d) remit the case to the Registration Appeals Committee to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

(3) In this paragraph “the relevant court” means—

(a) where the person concerned is registered in the register, and his address in the register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person concerned is not registered in the register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.]

Section 33(6)

[F221 SCHEDULE 3 U.K. Proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists

Textual Amendments

F221 Sch. 3 substituted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 2 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Definitions U.K.

1. (1) In this Schedule a “Committee” means—

(a) the Professional Conduct Committee;

(b) the Professional Performance Committee;

(c) the Health Committee; or

(d) the Interim Orders Committee.

(2) A “party” to proceedings means, unless the context otherwise requires—

(a) the person to whose registration the proceedings relate; or

(b) the Council.

Rules relating to procedure U.K.

2. (1) Subject to the provisions of this paragraph, rules shall make provision as to the procedure to be followed—

(a) in proceedings before a Committee under Part 3 of this Act; and

(b) by the Investigating Committee in the exercise of their functions under section 27A.

(2) Rules under sub-paragraph (1)(a) shall include provision—

(a) requiring the registrar to serve notification on the person to whose registration the proceedings relate that proceedings are to be brought and outlining the case against him;

(b) enabling any party to be heard by a Committee, if the party so requires;

(c) enabling any party to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d) enabling the registrar to serve notification of the proceedings on any person who in his opinion has an interest in those proceedings, and to provide any person so notified with an opportunity to submit written representations;

(e) enabling a Committee, before they hold any hearing, where they consider that it would assist them in performing their functions, to hold a preliminary meeting in private attended by the parties and the parties' representatives and any other person the Committee think appropriate;

(f) requiring proceedings before a Committee to be held in public unless and to the extent that the rules provide otherwise;

(g) requiring the registrar to serve notification on the person (if any) making the allegation and any other person who in his opinion has an interest in the proceedings, of the Committee’s decision and the reasons for the decision; and

(h) requiring the registrar to publish, in such manner as may be specified in the rules, such information relating to the case and any decision made by the Committee as may be specified in the rules.

(3) Each stage in proceedings before a Committee under Part 3 of this Act shall be dealt with expeditiously and a Committee may give directions as to the conduct of the case and the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).

(4) Rules may provide for the Chairman of a Committee to hold the meeting referred to in sub-paragraph (2)(e) or to give the directions mentioned in sub-paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.

Evidence etc. U.K.

3. Subject to paragraph 4, rules shall make provision regarding the rules of evidence to be observed in any proceedings before a Committee under Part 3 of this Act, including rules as to the admissibility of evidence.

4. (1) For the purpose of proceedings under Part 3 of this Act in England and Wales or in Northern Ireland before a Committee, a Committee may—

(a) summon any person to attend a hearing as a witness, to answer any question or to produce any documents in his custody or under his control which relate to any matter in question in the proceedings;

(b) require any witness appearing before them to give evidence on oath and for this purpose an oath may be administered in due form; and

(c) upon an application by a person summoned to appear before them, set the summons aside.

(2) No person shall be compelled under sub-paragraph (1)—

(a) to attend in obedience to a summons if he has been given less than 14 days' notification of the hearing unless he informs the Committee before the hearing that he accepts such notification has been given; or

(b) to produce any document which he could not be compelled to produce on the trial of an action.

(3) For the purposes of any proceedings under Part 3 of this Act in Scotland before a Committee, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that Court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

5. Where the proceedings relate to a person’s conduct, and that conduct has been considered by another body whose functions include overseeing the conduct of members of a health or social care profession, a Committee may adopt as its own findings any finding of fact found by that body and proceed to determine the case without further inquiry.

Costs U.K.

6. (1) In the course of proceedings under Part 3 of this Act, a Committee may make such order as to costs (or, in Scotland, expenses) as they think fit, but may make provision as described in sub-paragraph (2) only if rules allowing such provision have been made under that sub-paragraph.

(2) Rules may allow a Committee—

(a) to disallow all or part of the costs (or, in Scotland, expenses) of a representative of a party by reason of that representative’s conduct of the proceedings; and

(b) to order a representative of a party to meet all or part of the costs (or, in Scotland, expenses) incurred by a party by reason of that representative’s conduct of the proceedings.

(3) A Committee shall have regard to a person’s ability to pay when considering the making of an order under this paragraph.

(4) Any sum required to be paid under an award in respect of costs (or, in Scotland, expenses) shall be recoverable as if it had been adjudged to be paid by an order of a relevant court.

(5) In sub-paragraph (4) “the relevant court” means—

(a) where the person to whose registration the proceedings relate is registered in the register, and his address in the register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person to whose registration the proceedings relate is not registered in the register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.

Reference of cases to the registrar or a different Committee U.K.

7. (1) Rules shall be made enabling a Practice Committee, in the course of proceedings under Part 3 of this Act—

(a) to refer to another Practice Committee any matter arising which they consider should be dealt with by that other Practice Committee;

(b) to take advice, as they consider necessary and appropriate, from another Practice Committee; and

(c) to refer to the Interim Orders Committee any allegation before them which they consider should be dealt with by the Interim Orders Committee.

(2) Rules under sub-paragraph (1)(a) may provide that, where a Practice Committee refer a case to another Practice Committee by virtue of those rules, section 27B is to apply as if the case had originally been referred by the Investigating Committee to that other Practice Committee.]

Sections 34A and 34B

F222 SCHEDULE 3A U.K. CONTINUING PROFESSIONAL DEVELOPMENT CASES

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

Textual Amendments

F222 Sch. 3A repealed (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 48 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Section 36

[F223 SCHEDULE 4 U.K. VISITING DENTISTS FROM RELEVANT EUROPEAN STATES

Textual Amendments

F223 Sch. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 132

Application and interpretation U.K.

1. This Schedule applies to an exempt person who is lawfully established in dental practice in a relevant European State other than the United Kingdom.

2. In this Schedule—

(a) a “visiting practitioner” means an exempt person to whom this Schedule applies;

(b) the “home State”, in relation to a visiting practitioner, means the relevant European State in which the practitioner is lawfully established in dental practice; and

(c) a reference to the provision of occasional dental services is a reference to the provision of dental services in the United Kingdom on a temporary and occasional basis.

Registration in respect of provision of occasional dental services U.K.

3. (1) A visiting practitioner is entitled to be registered in the register if the practitioner is entitled under paragraph 4 or 7 to provide occasional dental services; and the registrar shall give effect to the entitlement.

(2) A visiting practitioner who is entitled under sub-paragraph (1) to be registered in the register, but who is not registered in the register’s list of visiting dentists from relevant European States, shall be treated as registered in that list.

(3) Sub-paragraph (4) applies where a person’s entitlement under sub-paragraph (1) to be registered in the register ceases because, by reason of the operation of paragraph 8(1), (2) or (5), the person ceases to be entitled under this Schedule to provide occasional dental services.

(4) If the person’s name is registered in the register’s list of visiting dentists from relevant European States, the registrar may erase the person’s name from that list.

(5) Sub-paragraphs (1) to (4) are not to be taken to prejudice the application, in relation to persons registered in the register on the basis of entitlement under sub-paragraph (1), of any other provision of this Act under which a registered dentist’s name may be erased from the register or under which a registered dentist’s registration in the register may be suspended.

Entitlement to provide occasional dental services: first year U.K.

4. A visiting practitioner is entitled to provide occasional dental services if—

(a) the practitioner has complied with the requirements of paragraph 5, and

(b) where the practitioner’s case falls within regulation 3(9)(a) or (e) of the General Systems Regulations, the provision by the practitioner of occasional dental services is in accordance with regulations 14 to 16 of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to undertake pursuant to Part 2 of those Regulations),

but paragraph 8 contains provision about the duration of entitlement under this paragraph.

First provision of services: required documents U.K.

5. (1) A visiting practitioner who proposes to provide occasional dental services for the first time must, before providing any such services, send or produce to the registrar the required documents.

(2) The required documents are—

(a) a written declaration that—

(i) states the practitioner’s wish to provide occasional dental services, and

(ii) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability;

(b) if the practitioner is a national of a relevant European State, proof of nationality;

(c) if the practitioner is not a national of a relevant European State, proof of the Community right by virtue of which the practitioner is an exempt person;

(d) evidence of dental qualifications (see paragraph 6); and

(e) a certificate (or certificates) issued by a competent authority in the practitioner’s home State confirming—

(i) that the practitioner is lawfully established in dental practice in that State, and

(ii) that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising dentistry there.

(3) A declaration under sub-paragraph (2)(a) may be supplied by any means.

(4) In registering a visiting practitioner in the register on the basis of entitlement under this Schedule, the registrar must enter against the practitioner’s name in the register details of the qualifications of which the practitioner supplied evidence for the purposes of sub-paragraph (2)(d).

6. (1) Subject to sub-paragraph (4), the evidence referred to in paragraph 5(2)(d) is evidence of the European-recognised qualifications which entitle the visiting practitioner to provide, in the practitioner’s home State, the dental services that the practitioner proposes to provide in the United Kingdom on a temporary and occasional basis.

(2) For the purposes of this paragraph and subject to sub-paragraph (4), the evidence of qualifications must, if the visiting practitioner proposes to provide any specialist dental services in the United Kingdom on a temporary and occasional basis, include evidence of the European-recognised qualifications which entitle the practitioner to provide, in the practitioner’s home State, those specialist dental services.

(3) This sub-paragraph applies to a visiting practitioner whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations (with the result that the practitioner is not entitled to provide occasional dental services unless their provision by the practitioner is in accordance with regulations 14 to 16 of those Regulations).

(4) If sub-paragraph (3) applies to a visiting practitioner, the evidence referred to in paragraph 5(2)(d) of the practitioner’s dental qualifications is evidence of the qualifications which entitle the practitioner to practise dentistry in his home State.

(5) In this paragraph, “European-recognised qualifications” means qualifications which relevant European States are required by the Directive to recognise.

Entitlement to provide occasional dental services after first year: renewals U.K.

7. (1) Sub-paragraph (2) applies where the registrar receives the required renewal documents from a visiting practitioner who is entitled under this Schedule to provide occasional dental services.

(2) The visiting practitioner is entitled to continue to provide occasional dental services, but paragraph 8 contains provision about the duration of entitlement continued under this sub-paragraph.

(3) Sub-paragraph (4) applies where the registrar receives the required renewal documents from a visiting practitioner—

(a) who is not entitled under this Schedule to provide occasional dental services;

(b) who has been previously entitled under this Schedule to provide occasional dental services; and

(c) whose registration in the list of visiting dentists from relevant European States is not suspended.

(4) The visiting practitioner is once again entitled to provide occasional dental services but, in a case where the practitioner’s name is not in the list of visiting dentists from relevant European States as a result of erasure otherwise than under paragraph 3(4), only if the registrar decides, after having regard (in particular) to the fact of that erasure and the reasons for it, that the entitlement should be renewed.

Paragraph 8 contains provision about the duration of entitlement under this sub-paragraph.

(5) In relation to a visiting practitioner “the required renewal documents” are—

(a) a renewal declaration; and

(b) each evidence of change document (if any).

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a) states the practitioner’s wish to provide occasional dental services in a further year; and

(b) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability.

(7) Where a document—

(a) is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 5,

(b) is not a declaration under paragraph 5(2)(a), and

(c) substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 5 or this paragraph) supplied the then-current version of the document to the registrar,

the version of the document current when under this paragraph the practitioner supplies a renewal declaration to the registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b).

(8) A renewal declaration supplied under this paragraph may be supplied by any means.

Duration of entitlement to provide occasional dental services U.K.

8. (1) Unless an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement ceases at the end of the year that begins with the end of the day on which the registrar received the documents whose receipt gave rise to the entitlement.

(2) Where an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement is extended so as to cease at the end of the year that begins with the end of the relevant day.

(3) For the purposes of sub-paragraph (2)—

(a) if the day on which the registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the registrar receives those documents;

(b) otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the registrar receives the documents whose receipt gives rise to the continuation (or further continuation).

(4) In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 4 or 7(4), means the day on which the registrar receives the documents whose receipt gives rise to the entitlement.

(5) An entitlement under this Schedule to provide occasional dental services ceases if—

(a) the visiting practitioner concerned becomes established in dental practice in the United Kingdom; or

(b) a disqualifying decision is made against the visiting practitioner concerned.

(6) In sub-paragraph (5) “disqualifying decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner’s home State that has the effect that the practitioner—

(a) ceases in that State to be registered or otherwise officially recognised as a dental practitioner; or

(b) is prohibited (whether on a permanent or temporary basis) from practising dentistry in that State.

(7) If in the case of a visiting practitioner—

(a) the practitioner’s registration in the list of visiting dentists from relevant European States is suspended or the practitioner’s name is erased from that list, and

(b) immediately before the time when the suspension or (as the case may be) erasure takes effect, the practitioner is entitled under this Schedule to provide occasional dental services,

that entitlement ceases at that time.

Conditions U.K.

9. (1) Paragraph (2) applies if—

(a) the establishment of a visiting practitioner in the practitioner’s home State is subject to a condition relating to the practitioner’s dental practice;

(b) the practitioner’s name is registered in the register; and

(c) for any of the purposes of this Act it falls to be decided whether the practitioner’s fitness to practise is or may be impaired on the ground of misconduct.

(2) The matters that may be counted as misconduct include (in particular) any act or omission by the visiting practitioner during the course of the provision by the practitioner of occasional dental services that is, or would be if the condition applied in relation to dental practice outside the practitioner’s home State, a breach of the condition.

(3) In paragraphs (1) and (2) “condition” includes limitation.]

Section 36ZA

[F224 SCHEDULE 4ZA U.K. DIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER SECTION 36ZA(3)

Textual Amendments

F224 Sch. 4ZA inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 133

Provision of Directive	Function of Council
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established as dentists in the United Kingdom.
Article 8(1)	Receiving information from, or providing information to, other competent authorities in relation to—
	(a)	the legality of a person’s establishment as a dentist;
	(b)	the good conduct of such a person;
	(c)	the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing dental services.
Article 23(1)	Issuing certificates of effective and lawful practice in the United Kingdom to dentists.
Article 23(6)	Issuing certificates stating that UK dental qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.2 of Annex V to the Directive, certify successful completion of basic dental training that is in accordance with article 34 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 34 of the Directive.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of the practice of dentistry, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that evidence of UK dental qualifications is that covered by the Directive.
Article 50(2)	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK dental qualifications;
	(b)	requiring confirmation that holders of non-UK dental qualifications satisfy the minimum training conditions set out in article 34 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions;
	(c)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person’s UK dental qualifications;
	(d)	providing confirmation that holders of UK dental qualifications satisfy the minimum training conditions set out in article 34 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts—
	(a)	verifying information provided in connection with non-UK dental qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
	(b)	providing information in connection with a person’s UK dental qualifications awarded following training in another relevant European State.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of dentistry.
	Where such information is received by the Council—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the Council’s conclusions.]

Section 36J

[F225 SCHEDULE 4A U.K. Registration appeals: dental care professionals register

Textual Amendments

F225 Sch. 4A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 3 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

1. U.K. In this Schedule—

• “appealable registration decision” shall be construed in accordance with paragraphs 2 and 3(2);

• “person concerned” means a person notified under paragraph 3(1) of an appealable registration decision made in respect of him, or, as the case may be, an applicant in respect of whom an appealable registration decision is treated as having been made by virtue of paragraph 3(2); and

• “the requisite period”, in relation to a decision of a kind specified in paragraph 2(1)(a), (c), (e), (f) or (h), means the period of four months beginning with the date when the registrar is first in possession of sufficient information to make the decision.

2. (1) The following decisions are appealable registration decisions for the purposes of this Schedule— U.K.

(a) a decision not to register a person’s name under a particular title in the dental care professionals register under section 36C (qualifications for registration) on the grounds that any of the requirements of that section are not met;

[F226 (aa) a decision under Part 3 of the General Systems Regulations to require an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to practise in the United Kingdom as a member of one of the professions mentioned in section 36C(3)(b);]

(b) a decision under section 36H(3) (erasure of names of those who have ceased to practise) to erase a person’s name from the dental care professionals register;

(c) a decision under section 36H(4) not to restore a person’s name to the dental care professionals register under a particular title;

(d) a decision under section 36I(1) (erasure on grounds of error) to erase an entry relating to a person from the dental care professionals register;

(e) a decision under section 36L(9)(a), (b) or (c) (insurance) not to register a person’s name in the dental care professionals register, not to restore his name to that register, or to erase his name from registration in that register, under a particular title;

(f) a decision under section 36L(10) not to restore a person’s name to the dental care professionals register under a particular title;

(g) a decision under section 36Z1(2) (professional training and development requirements) to erase a person’s name from registration in the dental care professionals register under a particular title; and

(h) a decision under section 36Z1(3) not to restore a person’s name to the dental care professionals register under a particular title[F227 ; and

(i) a decision not to register a person’s name under a particular title in the dental care professionals register under section 36Z3 (visiting dental care professionals from relevant European States).]

(2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision taken by reason only that the person failed to—

(a) pay any fee prescribed by regulations made under section 36F; or

(b) make an application as required under this Act or any rules made under it.

Textual Amendments

F226 Sch. 4A para. 2(1)(aa) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 134(a)

F227 Sch. 4A para. 2(1)(i) and word inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 134(b)

Notification of appealable registration decisions U.K.

3. (1) Where an appealable registration decision is made in respect of a person, the registrar shall forthwith serve on that person written notification of—

(a) the decision;

(b) the reasons for the decision; and

(c) that person’s right to appeal under paragraph 4.

(2) Where an applicant has not been served with notification of a decision in respect of an application for registration or restoration of a name mentioned in paragraphs (a), (c), (e), (f) or (h) of paragraph 2(1) within the requisite period, that omission shall be treated as a decision not to register or, as the case may be, restore the applicant’s name, which is an appealable registration decision for the purposes of this Schedule.

Appeals from an appealable registration decision U.K.

4. (1) A person concerned may appeal to the Registration Appeals Committee against—

(a) the appealable registration decision made in respect of him of which he was notified under paragraph 3(1); or

(b) the appealable registration decision treated as having been made in respect of him by virtue of paragraph 3(2).

(2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal to the registrar.

(3) Notice of appeal in a case within sub-paragraph (1)(a) must be given before the end of the period of 28 days beginning with the date on which notification of the decision was served under paragraph 3(1), subject to any extension of time under paragraph 5.

(4) Notice of appeal in a case within sub-paragraph (1)(b) must be given before the end of the period of 28 days following the end of the requisite period.

(5) In the case of an appealable registration decision which is a decision to erase a person’s name from registration in the dental care professionals register under a particular title, where—

(a) no appeal under this paragraph is brought against the decision within the period of time specified in sub-paragraph (3), or

(b) an appeal under this paragraph is brought but is withdrawn or struck out for want of prosecution,

that decision shall take effect on the expiry of that period or, as the case may be, on the withdrawal or striking out of that appeal.

(6) For the purposes of considering an appeal under this paragraph, the Registration Appeals Committee may make such inquiries as they consider appropriate.

(7) Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals) applies to proceedings under this Schedule before the Registration Appeals Committee with the following modifications—

(a) in paragraph 1—

(i) omit sub-paragraph (1), and

(ii) in sub-paragraph (2)(b) for “the Council” substitute “the registrar”;

(b) references to a Committee shall be read as references to the Registration Appeals Committee;

(c) in paragraph 2—

(i) omit sub-paragraph (1)(b), and

(ii) in sub-paragraph (2)(g), omit “the person (if any) making the allegation and”; and

(d) omit paragraph 7.

(8) In disposing of an appeal under this paragraph, the Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the registrar; or

(d) remit the case to the registrar to dispose of in accordance with the directions of the Registration Appeals Committee.

(9) In the case of an appealable registration decision which is a decision to erase a person’s name from registration in the dental care professionals register under a particular title, where the Registration Appeals Committee dispose of an appeal brought under this paragraph by making a determination under sub-paragraph (8)(a), (c) or (d), that decision shall take effect—

(a) where no appeal under paragraph 6 is brought against the determination of the Registration Appeals Committee within the period of time specified in paragraph 6(1), on the expiry of that period;

(b) where an appeal under paragraph 6 is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of that appeal; or

(c) where an appeal under paragraph 6 is brought and dismissed under paragraph 6(2)(a), on the dismissal of that appeal.

(10) Where the Registration Appeals Committee make a determination on an appeal under this Schedule, they shall, as soon as reasonably practicable—

(a) inform the registrar of, and serve on the person concerned notification of, the Committee’s determination on the appeal and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (8)(b), serve on the person concerned notification of his right of appeal under paragraph 6.

Extension of time for appealing U.K.

5. Where—

(a) any notification of a decision required under paragraph 3(1) to be served on a person is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3).

Appeals from the Registration Appeals Committee U.K.

6. Where—

(a) the Registration Appeals Committee determine an appeal under paragraph 4, and

(b) they do not determine under paragraph 4(8)(b) to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notification of the determination was served on him under paragraph 4(10), appeal against the determination to the relevant court.

(2) On an appeal under this paragraph from the Registration Appeals Committee, the relevant court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination appealed against,

(c) substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Committee, or

(d) remit the case to the Registration Appeals Committee to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

(3) In this paragraph “the relevant court” means—

(a) where the person concerned is registered in the dental care professionals register, and his address in that register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person concerned is not registered in that register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.]

Section 36W(6)

[F228 SCHEDULE 4B U.K. Proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals

Textual Amendments

F228 Sch. 4B inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 4 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Definitions U.K.

1. (1) In this Schedule a “Committee” means—

(a) the Professional Conduct Committee;

(b) the Professional Performance Committee;

(c) the Health Committee; or

(d) the Interim Orders Committee.

(2) A “party” to proceedings means, unless the context otherwise requires—

(a) the person to whose registration the proceedings relate; or

(b) the Council.

Rules relating to procedure U.K.

2. (1) Subject to the provisions of this paragraph, rules shall make provision as to the procedure to be followed—

(a) in proceedings before a Committee under Part 3A of this Act; and

(b) by the Investigating Committee in the exercise of their functions under section 36O.

(2) Rules under sub-paragraph (1)(a) shall include provision—

(a) requiring the registrar to serve notification on the person to whose registration the proceedings relate that proceedings are to be brought and outlining the case against him;

(b) enabling any party to be heard by a Committee, if the party so requires;

(c) enabling any party to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d) enabling the registrar to serve notification of the proceedings on any person who in his opinion has an interest in those proceedings, and to provide any person so notified with an opportunity to submit written representations;

(e) enabling a Committee, before they hold any hearing, where they consider that it would assist them in performing their functions, to hold a preliminary meeting in private attended by the parties and the parties' representatives and any other person the Committee think appropriate;

(f) requiring proceedings before a Committee to be held in public unless and to the extent that the rules provide otherwise;

(g) requiring the registrar to serve notification on the person (if any) making the allegation and any other person who in his opinion has an interest in the proceedings, of the Committee’s decision and the reasons for the decision; and

(h) requiring the registrar to publish, in such manner as may be specified in the rules, such information relating to the case and any decision made by the Committee as may be specified in the rules.

(3) Each stage in proceedings before a Committee under Part 3A of this Act shall be dealt with expeditiously and a Committee may give directions as to the conduct of the case and the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).

(4) Rules may provide for the Chairman of a Committee to hold the meeting referred to in sub-paragraph (2)(e) or to give the directions mentioned in sub-paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.

Evidence etc. U.K.

3. Subject to paragraph 4, rules shall make provision regarding the rules of evidence to be observed in any proceedings before a Committee under Part 3A of this Act, including rules as to the admissibility of evidence.

4. (1) For the purpose of proceedings under Part 3A of this Act in England and Wales or in Northern Ireland before a Committee, a Committee may—

(a) summon any person to attend a hearing as a witness, to answer any question or to produce any documents in his custody or under his control which relate to any matter in question in the proceedings;

(b) require any witness appearing before them to give evidence on oath and for this purpose an oath may be administered in due form; and

(c) upon an application by a person summoned to appear before them, set the summons aside.

(2) No person shall be compelled under sub-paragraph (1)—

(a) to attend in obedience to a summons if he has been given less than 14 days' notification of the hearing unless he informs the Committee before the hearing that he accepts such notification has been given; or

(b) to produce any document which he could not be compelled to produce on the trial of an action.

(3) For the purposes of any proceedings under Part 3A of this Act in Scotland before a Committee, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that Court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

5. Where the proceedings relate to a person’s conduct, and that conduct has been considered by another body whose functions include overseeing the conduct of members of a health or social care profession, a Committee may adopt as its own findings any finding of fact found by that body and proceed to determine the case without further inquiry.

Costs U.K.

6. (1) In the course of proceedings under Part 3A of this Act, a Committee may make such order as to costs (or, in Scotland, expenses) as they think fit, but may make provision as described in sub-paragraph (2) only if rules allowing such provision have been made under that sub-paragraph.

(2) Rules may allow a Committee—

(a) to disallow all or part of the costs (or, in Scotland, expenses) of a representative of a party by reason of that representative’s conduct of the proceedings; and

(b) to order a representative of a party to meet all or part of the costs (or, in Scotland, expenses) incurred by a party by reason of that representative’s conduct of the proceedings.

(3) A Committee shall have regard to a person’s ability to pay when considering the making of an order under this paragraph.

(4) Any sum required to be paid under an award in respect of costs (or, in Scotland, expenses) shall be recoverable as if it had been adjudged to be paid by an order of a relevant court.

(5) In sub-paragraph (4) “the relevant court” means—

(a) where the person to whose registration the proceedings relate is registered in the dental care professionals register, and his address in that register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person to whose registration the proceedings relate is not registered in that register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.

Reference of cases to the registrar or a different Committee U.K.

7. (1) Rules shall be made enabling a Practice Committee, in the course of proceedings under Part 3A of this Act—

(a) to refer to another Practice Committee any matter arising which they consider should be dealt with by that other Practice Committee;

(b) to take advice, as they consider necessary and appropriate, from another Practice Committee; and

(c) to refer to the Interim Orders Committee any allegation before them which they consider should be dealt with by the Interim Orders Committee.

(2) Rules under sub-paragraph (1)(a) may provide that, where a Practice Committee refer a case to another Practice Committee by virtue of those rules, section 36P is to apply as if the case had originally been referred by the Investigating Committee to that other Practice Committee.]

Section 49A

[F229 SCHEDULE 4C U.K. Advisers

Textual Amendments

F229 Sch. 4C inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 5 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Legal advisers U.K.

1. (1) The Council shall appoint persons to be legal advisers.

(2) Legal advisers shall have the general function of giving advice to—

(a) the registrar,

(b) the Council,

(c) the Investigating Committee,

(d) the Professional Conduct Committee,

(e) the Professional Performance Committee,

(f) the Interim Orders Committee,

(g) the Health Committee, and

(h) the Registration Appeals Committee,

on questions of law arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

(3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a legal adviser.

(4) Legal advisers shall have such other functions as may be conferred on them by rules, and in particular provision may be made, in relation to any proceedings—

(a) requiring a legal adviser, when advising the Council or any of their committees, to do so in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or, where advice is given in private, requiring every such party or person to be notified of the advice given by a legal adviser; or

(b) requiring every party, or person representing a party, to the proceedings to be notified in any case where a legal adviser’s advice is not accepted by the person or body in receipt of the advice.

(5) To be qualified for appointment as a legal adviser under this paragraph, a person must—

(a) have a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) be an advocate or solicitor in Scotland of at least ten years' standing; or

(c) be a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing.

(6) The Council may pay such fees, allowances or expenses to persons appointed as legal advisers as the Council may determine.

Medical advisers U.K.

2. (1) The Council may appoint registered medical practitioners to be medical advisers.

(2) Medical advisers shall have the general function of giving advice to—

(a) the registrar,

(b) the Council,

(c) the Investigating Committee,

(d) the Professional Conduct Committee,

(e) the Professional Performance Committee,

(f) the Interim Orders Committee,

(g) the Health Committee, and

(h) the Registration Appeals Committee,

on matters within their professional competence arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

(3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a medical adviser.

(4) Medical advisers shall also have such other functions as may be conferred on them by rules.

(5) The Council may pay such fees, allowances or expenses to persons appointed as medical advisers as the Council may determine.

Professional advisers U.K.

3. (1) The Council may appoint persons registered in either the dentists register or the dental care professionals register to be professional advisers.

(2) Professional advisers shall have the general function of giving advice to—

(a) the registrar,

(b) the Council,

(c) the Investigating Committee,

(d) the Professional Conduct Committee,

(e) the Professional Performance Committee,

(f) the Interim Orders Committee,

(g) the Health Committee, and

(h) the Registration Appeals Committee,

on matters within their professional competence arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

(3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a professional adviser.

(4) Professional advisers shall also have such other functions as may be conferred on them by rules.

(5) The Council may pay such fees, allowances or expenses to persons appointed as professional advisers as the Council may determine.]

Section 54(1).

SCHEDULE 5 U.K. Consequential Amendments

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230

Textual Amendments

F230 Sch. 5 para. 1 repealed by S.I. 1987/2047, art. 2(a), Sch.

Medicines Act 1968 (c. 67) U.K.

2 U.K. In section 132(1), in the definition of “dentist”, for the words from “ M9 Dentists Act 1957” onwards substitute “ Dentists Act 1984 or entered in the list of visiting EEC practitioners under Schedule 4 to that Act; ”.

Marginal Citations

M9 1957 c. 28.

Misuse Of Drugs Act 1971 (c. 38) U.K.

3 U.K. In section 37(1), in the definition of “dentist”, for the words from “Dentists Act 1957” onwards substitute “ Dentists Act 1984 or entered in the list of visiting EEC practitioners under Schedule 4 to that Act; ”.

Poisons Act 1972 (c. 66) U.K.

4 U.K. In section 11(2), in the definition of “dentist”, for the words from “Dentists Act 1957” onwards substitute “ Dentists Act 1984 or a person entered in the list of visiting EEC practitioners under Schedule 4 to that Act; ”.

Health and Personal Social Services (Northern Ireland) Order 1972 (S.I.1972/1265 (N.I.14)) U.K.

5 U.K. In Article 2(2), in the definition of “dental practitioner”, for “1957” substitute “ 1984 ”.

Fair Trading Act 1973 (c. 41) U.K.

6 U.K. In paragraph 3 of Schedule 4, for “1957” substitute “1984”.

Restrictive Trade Practices Act 1976 (c. 34) U.K.

7 U.K. In paragraph 3 of Schedule 1, for “1957” substitute “ 1984 ”.

National Health Service Act 1977 (c. 49) U.K.

8 U.K. [F231 In section 35(3) (added by section 15 of the M10 Health and Social Services and Social Security Adjudications Act 1983)—

(a) for “Part II of the Dentists Act 1983” substitute “ section 32 of the Dentists Act 1984 ”; and

(b) for “order under Part III of” substitute “ an order of the Health Committee under ”.]

Textual Amendments

F231 Sch. 5 para. 8 repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(d)

Marginal Citations

M10 1983 c. 41.

F232 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 5 para. 9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F233 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233 Sch. 5 para. 10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F234 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F234 Sch. 5 para. 11 repealed (1.4.1996) by 1995 c. 17, ss. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

National Health Service (Scotland) Act 1978 (c. 29) U.K.

12 U.K. In section 25(4) (added by section 16 of the Health and Social Services and Social Security Adjudications Act 1983)—

(a) for “Part II of the Dentists Act 1983” substitute “ section 32 of the Dentists Act 1984 ”; and

(b) for “order under Part III of” substitute “ an order of the Health Committee under ”.

13 U.K. In section 108(1), in the definition of “dental practitioner”, for “1957” substitute “ 1984 ”.

14 U.K. In paragraph 6A of Schedule 1 (inserted by the said section 16) there shall be made the same amendments as are specified in paragraph 12 above, and for “section 33(1) of the Dentists Act 1957” substitute “ the Dentists Act 1984 ”.

Medical Act 1983 (c. 54) U.K.

15 U.K. In paragraph 4 of Schedule 6, for “Articles 2(d) and” “those Articles” substitute “ Article ” and “ that Article ” respectively.

Value Added Tax Act 1983 (c. 55) U.K.

F235 16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F235 Sch. 5 para. 16 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15

Section 54(2), (3).

SCHEDULE 6 U.K. Repeals and Revocations

Part I U.K.

Chapter	Short title	Extent of repeal
1957 c. 28	The Dentists Act 1957.	The whole Act.
1973 c. 31.	The Dentists (Amendment) Act 1973.	The whole Act.
1973 c. 32.	The National Health Service Reorganisation Act 1973.	In Schedule 4, paragraph 80.
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In Schedule 7A, paragraphs 8 to 10.
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 1, paragraphs 11 to 13.
1977 c. 49.	The National Health Service Act 1977.	In Schedule 15, paragraph 18.
1978 c. 29.	The National Health Service (Scotland) Act 1978.	In Schedule 16, paragraph 10.
1983 c. 38.	The Dentists Act 1983.	The whole Act.
1983 c. 54.	The Medical Act 1983.	In Schedule 5, paragraphs 1 and 19.

Part II U.K.

Number	Title	Extent of revocation
S.I. 1980 No. 703.	The Dental Qualifications (EEC Recognition) Order 1980.	Articles 3, 4, 6 and 7.
S.I. 1980 No. 1721.	The Medical, Nursing and Dental Qualifications (EEC Recognition) (Greek Qualifications) Order 1980.	Article 6.
S.I. 1982 No. 1076.	The Medical, Nursing, Dental and Veterinary Qualifications (EEC Recognition) Order 1982.	Article 4.

SCHEDULE 7 U.K. Transitional Provisions and Savings

General U.K.

1 U.K. Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Elections and nominations U.K.

2 U.K. Any election or nomination held or made before the commencement of this Act for the purposes of paragraph 1 of Schedule 4 to the M11 Dentists Act 1983 shall have effect as if held or made for the purposes of Schedule 1 to this Act.

Marginal Citations

M11 1983 c. 38.

Registration U.K.

3 (1) Nothing in the repeals made by this Act shall affect the continued registration in the register of any person who was duly registered in it immediatly before the commencement of this Act; and where any such person was so registered under, or in pursuance of a direction under, any provision of the M12 Dentists Act 1957 his registration shall have effect as if effected under, or in pursuance of a direction under, the corresponding provision of this Act. U.K.

(2) Without prejudice to sub-paragraph (1) above, in section 35 of this Act—

(a) subsection (3) extends to a person who was registered under section 2A of that Act when he was subject to a disqualifying decision within the meaning of section 35, and

(b) subsection (5) extends to a person whose registration was effected under the said section 2A.

Marginal Citations

M12 1957 c. 28.

Adaptation of references in enactments etc. U.K.

4 (1) In any enactment or instrument passed or made before the commencement of this Act for any reference to the Disciplinary Committee of the Council there shall be substituted a reference to the Professional Conduct Committee. U.K.

(2) In any enactment or instrument passed or made before 1st January 1984 for any reference to ancillary dental workers, an ancillary dental worker or the ancillary Dental Workers Committee there shall be substituted a reference to dental auxiliaries, a dental auxiliary or the Dental Auxiliaries Committee, respectively.

Proceedings pending before Disciplinary Committee U.K.

5 U.K. For the purpose of the hearing and determination of any case or matter referred to the Disciplinary Committee before the commencement of this Act, paragraph 12 of Schedule 1 to the Dentists Act 1957 shall, notwithstanding the repeals made by this Act, apply in relation to the constitution and quorum of the Professional Conduct Committee as it applied in relation to the constitution and quorum of the Disciplinary Committee immediately before that commencement.

6 U.K. For the purposes of—

(a) any case referred to the Disciplinary Committee under section 26 of the M13 Dentists Act 1957 before the commencement of this Act, and any appeal or other proceedings arising out of any such case (including proceedings under section 44 of this Act),

(b) any case referred to that committee under Article 7 of the M14 Dental Qualifications (EEC Recognition) Order 1980 before that commencement,

this Act, and any rules made under paragraph 2 of Schedule 3 to this Act (and any rules made on or after 13th May 1983 and having effect as if made under that paragraph) shall have effect with the substitution for any reference to serious professional misconduct of a reference to infamous or disgraceful conduct in a professional respect.

Marginal Citations

M13 1957 c. 28.

M14 S.I. 1980/703.

Rules of procedure U.K.

7 U.K. Any rules made by the Council before the commencement of this Act under section 27 of the Dentists Act 1957 and expressed to come into force at or after that commencement shall have effect as if made under paragraph 2 of Schedule 3 to this Act, and subparagraph (4) of that paragraph shall apply to any such rules accordingly.

Restrictions on carrying on the business of dentistry U.K.

8 U.K. Except in the case of a body corporate which—

(a) ceased to carry on the business of dentisty before 1st January 1984, but

(b) was again carrying on the business of dentistry on that date and had not ceased to carry on that business before the commencement of this Act,

section 43(5) of this Act applies to a body corporate ceasing to carry on the business of dentistry before that commencement as well as to one ceasing to do so thereafter.

9 (1) Any reference in section 41(2) or 44 of this Act to an erasure or conviction under any provision of this Act includes a reference to an erasure or conviction under the corresponding provision of the Dentists Act 1957 or under the corresponding provision of any enactment repealed by that Act. U.K.

(2) But a body corporate shall not be liable under section 44 to be deprived of the right to carry on the business of dentistry in consequence of any erasure or conviction which took place before 4th July 1956.

(3) Notwithstanding the reproduction in sub-paragraph (1) above, in so far as it provides for subsection (6) of section 44 to have effect in relation to convictions taking place before 1st January 1984, of the effect of Article 2(2) of the M15 Dentists Act 1983 (Transitional Provisions) Order 1983, any question as to the validity of the provisions of that sub-paragraph, in so far as it so provides, shall be determined as if those provisions were contained in a statutory instrument made under the power under which Article 2(2) was made.

Marginal Citations

M15 S.I. 1983/1520.

Documents issued by Dental Board U.K.

10 U.K. The reference in section 52(2) of this Act to any document issued by the Council shall include any document issued by the Dental Board dissolved in pursuance of the M16 Dentists Act 1956.

Marginal Citations

M16 1956 c. 29.