Dentists Act 1984

Part I U.K. Appropriate European Diplomas

1 (1) In this Part of this Schedule—

• “competent authority” M1 means an authority or body designated by a member State in accordance with Community Council Directive No. 78/686/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry;

• “the Dental Training Directive” M2 means Community Council Directive No. 78/687/EEC concerning the co-ordination of provisions in respect of activities of dental practitioners;

• “the implementation date”, in relation to a member State, means the date on which that State implemented the Dental Training Directive; and

• “scheduled European diploma” means a qualification specified in Part II of this Schedule.

(2) For the purposes of this Part of this Schedule a member State [F1 other than Portugal] is to be regarded as having implemented the Dental Training Directive on the date notified to the Commission as that on which it did so [F2 and Portugal is to be regarded as having implemented it on 1st January 1986].

Textual Amendments

F1 Words inserted by S.I. 1986/23, art. 3(1)(a)

F2 Words added by S.I. 1986/23, art. 3(1)(a

Marginal Citations

M1 O.J.No. L. 233/1.

M2 O.J.No. L. 233/10.

2 Subject to paragraphs 3 and 4 below, the following diplomas are appropriate European diplomas for the purposes of section 15(1)(b) of this Act, namely—

(a) any scheduled European diploma in dentistry granted in a member State on or after the implementation date which is not evidence of training commenced by the holder before that date; and

(b) any diploma in dentistry granted in a member State before the implementation date or on or after that date where training of which that diploma is evidence was commenced by the holder before that date.

3 A scheduled European diploma granted in a member State before the implementation 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 said purposes unless the holder either—

(a) satisfies the registrar (by means of a certificate of the competent authority of that State or otherwise) that the diploma guarantees that his training satisfies the requirements laid down by the Dental Training Directive; or

(b) produces to the registrar a certificate of the competent authority of any member State that he has lawfully practised dentistry for at least three consecutive years during the five years preceding the date of the certificate.

Yn ddilys o 01/07/1996

[F3 3A U.K. A diploma granted in an EEA State on or after the implementation date which is not evidence of training commenced by the holder before that date (not being a scheduled European diploma) is not an appropriate European diploma for the said purposes unless the holder produces to the registrar a certificate issued by the competent authority of the EEA State certifying that the diploma—

(a) was awarded following training which satisfies the requirements laid down by the Dental Training Directive; and

(b) is treated by that EEA State as if it were a scheduled European diploma.]

Textual Amendments

F3 Sch. 2 Pt. I para. 3A inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(5)

4 A diploma granted in a Member State before the implementation 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, a scheduled European diploma) is not an appropriate European diploma for the said purposes unless the holder produces to the registrar such a certificate as is mentioned in paragraph 3(b) above.

[F4 5 Subject to paragraph 6 below, on or after the date notified to the Commission by Spain as that on which Spain implemented Community Council Directive No. 78/686/EEC, a diploma, certificate or other evidence of formal qualifications in medicine awarded in Spain to a person who began medical training at a university before 1st January 1986 shall be 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 the competent authority of Spain certifying that—

(a) he has lawfully and principally practised dentistry in Spain for at least three consecutive years during the five years preceding the date of the certificate; and

(b) he is authorised to practise dentistry under the same conditions as a holder of the Spanish scheduled European diploma.]

Textual Amendments

F4 Sch. 2 Pt. I paras. 5, 6 added by S.I. 1986/23, art. 3(1)(b)

6 A person who satisfies the registrar that he has successfully completed three years of study which are certified by the competent authority of Spain as being equivalent to the training referred to in Article 1 of the Dental Training Directive shall be excepted from satisfying the requirement referred to in paragraph 5(a) above.

Yn ddilys o 01/07/1996

[F5 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 the German scheduled European diploma.]

Textual Amendments

F5 Sch. 2 Pt. I para. 7 inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(7)