The Dentists Act 1984 (Amendment) Order 2005

Insertion of section 36W

32.—(1) After section 36V insert—

“Supplementary provisions

Supplementary provisions relating to fitness to practise cases

36W.— (1) While a person’s registration in the dental care professionals register under a particular title is suspended by virtue of a direction or order under this Part—

(a) he shall be treated, except as provided in subsection (2), as not being registered in that register under that title, notwithstanding that his name still appears in that register; but

(b) sections 36N, 36O, 36P and 36Q shall continue to apply to him in relation to that title.

(2) While a person’s registration in the dental care professionals register under a particular title is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 36Z1 as if his registration were not so suspended.

(3) Where any such direction as is mentioned in section 36Q(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given in relation to a person’s registration in the dental care professionals register under a particular title while his registration under that title is subject to conditions or suspended by virtue of a direction under this Part, his registration under that title shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration under that title would cease to be conditional or suspended, as the case may be, and the time when—

(a) the direction takes effect in accordance with section 36T;

(b) an appeal under section 36S against the decision giving the direction is determined under section 36S(6)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) If, on the determination of an appeal under section 36S, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

(5) Subsection (3) is subject to any order made under section 36U(1) or (2).

(6) Schedule 4B to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals) shall have effect.”.

(2) Schedule 4 to this Order, which inserts a new Schedule 4B into the Act, shall have effect.