Textual Amendments
F1Pt. 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)
Textual Amendments
F2Ss. 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)
(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).]