The European Primary and Specialist Dental Qualifications Regulations 1998

Interpretation U.K.

2.—(1) In these Regulations—

• “the Act” means the Dentists Act 1984 M1 ;

• “appropriate European diploma” shall be construed in accordance with Part I of Schedule 2 to the Act M2 ;

• “CCST” means Certificate of Completion of Specialist Training in orthodontics or, as the case may be, oral surgery M3 ;

• “dental authority” shall be construed in accordance with section 3(4) of the Act;

• “the Dental Training Directive” means Council Directive No. 78/687/EEC M4 concerning the co-ordination of provisions in respect of the activities of dental practitioners, as amended by the Accession of Austria, Finland and Sweden Act [F1 and Directive 2001/19/EC];

• “EEA” means European Economic Area [F1 and shall be read as including Switzerland];

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M5 as adjusted by the Protocol signed at Brussels on 17th March 1993 M6 [F1 and as amended by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002];

• “EEA State” means a State which is a contracting party to the EEA Agreement [F1 or Switzerland];

• [F2 “exempt person” means a person—

  (a)

  who is a national of an EEA State who is exercising an enforceable Community right; or

  (b)

  is not a national of an EEA State but is, by virtue of a right conferred by article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State;]

• “GDC” means General Dental Council M7 ;

• “primary qualification” means a qualification held by the persons referred to in section 15(1) of the Act M8 ;

• “the Recognition Directive” means Council Directive No. 78/686/EEC M9 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, as adapted, amended or extended by the Accession of Greece Act, Council Directive No. 81/1057/EEC M10 the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC M11 and 90/658/EEC M12 , the EEA Agreement [F3 , the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement];

• “the register” means the dentists’ register M13 ;

• “registered dentist” means a person registered in the register other than with temporary registration, except in regulations 8(1) and (2) and 12(1), where it has the meaning assigned in the Act M14 ;

• “registrar” means the registrar of the GDC M15 ; and

• “registration number” means the number by which a registered dentist is identified in the register.

(2) In these Regulations, any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977 M16 , section 1(1) of the National Health Service (Scotland) Act 1978 M17 or Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 M18 .

(3) In this regulation—

(a) “the Accession of Greece Act” means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979 M19 ;

(b) “the Accession of Spain and Portugal Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985 M20 ; F4 ...

(c) “the Accession of Austria, Finland and Sweden Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994 M21 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union M22 [F5 ; and

( d) “the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.]

Textual Amendments

F1 Words in reg. 2(1) added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 7(2)(a)

F2 Words in reg. 2(1) inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 7(2)(b)

F3 Words in reg. 2(1) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 7(2)(a)

F4 Word in reg. 2(3)(b) omitted (31.12.2003) by virtue of The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 7(3)

F5 Reg. 2(3)(d) and word inserted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 7(3)

Marginal Citations

M1 1984 c. 24.

M2 Part I of Schedule 2 was amended by S.I. 1996/1496, regulation 3.

M3 See article 5(1) and (2) of the Recognition Directive under the heading “in the United Kingdom”.

M4 OJ No. L 233, 24.8.1978, p. 10.

M5 Cm. 2073 and OJ No. L 1, 3.1.1994, p. 3.

M6 Cm. 2183 and OJ No. L 1, 3.1.1994, p. 572.

M7 See the Dentists Act 1984 (c. 24), section 1.

M8 Section 15(1) was amended by SI 1996/1496, regulation 2.

M9 OJ No. L 233, 24.8.1978, p. 1.

M10 OJ No. L 385, 31.12.1981, p. 25.

M11 OJ No. L 341, 23.11.1989, p. 19.

M12 OJ No. L 353, 17.12.1990, p. 73.

M13 Section 14(1) of the Act provides for the continuation of the register of registered dentists.

M14 See section 53(1).

M15 Section 14(2) of the Act provides for the register to be kept by a registrar.

M16 1977 c. 49.

M17 1978 c. 29.

M18 S.I. 1972/1265 (N.I. 14).

M19 OJ No. L 291, 19.11.1979, p. 91.

M20 OJ No. L 302, 15.11.1985, p. 160.

M21 OJ No. C 241, 29.8.1994, p. 21. Norway did not ratify the Treaty.

M22 OJ No. L 1, 1.1.1995, p. 1. See the Annex—Annex I (XI)(D)(III)(3).