(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.
[F1(2A)In deciding for the purposes of section 15(4)(c) whether [F2an exempt person] has the requisite knowledge and skill, the Council—
[F3(a)shall take into account all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision;
(b)[F4if 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.]
[F5(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
F1S. 16(2A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(2)
F2Words 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)
F3S. 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)
F4S. 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)
F5S. 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)