Dentists Act 1984

Part I U.K. The Council

[F1 Constitution U.K.

Textual Amendments

F1 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

F2 1 (1) The Council shall consist of— U.K.

(a) members who are registered dentists;

(b) members of classes of dental auxiliaries established by regulations under this Act; and

(c) lay members.

(2) An Order in 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 paragraph 2, “lay member” means a member who is neither a registered dentist nor a dental auxiliary.]

Textual Amendments

F2 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

F3 Lay members U.K.

Textual Amendments

F3 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

F4 2 (1) An Order in 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 Her Majesty to be necessary or expedient in relation to the lay membership of the Council.

(2) The lay members shall be appointed by Her Majesty on the advice of Her Privy Council.

(3) The Privy Council’s advice as to the appointment of lay members shall be such that, if accepted, the Council’s lay members would include at least one person from each of England, Scotland, Wales and Northern Ireland (meaning that he lives or works there, or mainly there).

Textual Amendments

F4 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

F5 Registered dentist and dental auxiliary members U.K.

Textual Amendments

F5 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

F6 3 (1) An Order in 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

(c) any other matter which appears to Her Majesty to be necessary or expedient in relation to the registered dentist and dental auxiliary membership of the Council.

(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.

(3) Such rules may provide for a scheme which—

(a) makes different provision in relation to the two categories of member mentioned in those paragraphs, and

(b) makes different provision for different cases or classes of case,

and may contain such incidental, consequential, saving, transitional or supplementary provisions as appear to the Council to be necessary or expedient.

(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.

(6) Rules under this paragraph shall not come into force until approved by order of the Privy Council contained in a statutory instrument.

Textual Amendments

F6 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

F7 Council President U.K.

Textual Amendments

F7 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

F8 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.

(5) Rules under sub-paragraph (2) shall not come into force until approved by order of the Privy Council.

Textual Amendments

F8 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

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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 F10 ... such fees and such travelling, subsistence or other allowances as they may determine.

[F11 (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 F12 ....

Textual Amendments

F10 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)

F11 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)

F12 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)

7 (1) The Council may, after paying their expenses, including the payments authorised under this Schedule to be made to their members [F13 and to the members of their committees,] and the salaries or remuneration of their officers, allocate any money received by them (whether by way of fees or otherwise) to purposes connected with dental education and research or any other public purposes connected with the profession of dentistry in such manner as they may think fit. U.K.

(2) The Council shall keep accounts of all sums received or paid by them under this Act, and the accounts shall be audited in the manner prescribed by regulations made by the Privy Council and shall be published annually and laid before Parliament.

Textual Amendments

F13 Words in Sch. 1 para. 7(1) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(1)(3)

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 [F14 section 2 of this Act], functions of the Council, and

(c) subject as aforesaid, for appointing the members and regulating the proceedings (including quorum) of any committees, including the committees referred to in [F14 section 2 of this Act] and any sub-committees.

[F15 (2) Rules under sub-paragraph (1) which include provision for appointing the members of the committees mentioned in section 2 of this Act shall not come into force until approved by order of the Privy Council.]

[F16 (2A) Some or all of the members of committees of the Council may be persons who are not members of the Council.]

(3) The power conferred by sub-paragraph (1) above shall also include power to make rules as to the procedure to be followed and rules of evidence to be observed in proceedings before the Professional Conduct Committee (other than proceedings under section 27 of this Act); but rules under this sub-paragraph shall not come into force until approved by order of the Privy Council contained in a statutory instrument, and before making any such rules the Council shall consult such bodies of persons representing dentists as appear to the Council requisite to be consulted.

(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

F14 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)

F15 Sch. 1 para. 8(2) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(1)(4)(b)

F16 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)