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The General Dental Council (Fitness to Practise etc.) Order 2016
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Referral to the Interim Orders Committee
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17.—(1) Section 36O (powers of the Investigating Committee in respect of registered dental care professionals) is amended as follows.
(2) In subsection (4) omit paragraph (b) and the “and” immediately preceding it.
(3) After subsection (4) insert—
“(4A) Unless subsection (5) applies, the Investigating Committee may, if they consider it appropriate, refer the allegation to the Interim Orders Committee (subject to subsection (6B)).”.
(4) In subsection (6) omit paragraph (b) and the “and” immediately preceding it.
(5) After subsection (6) insert—
“(6A) Where subsection (5) applies, the Investigating Committee may, if they consider it appropriate, refer those allegations to the Interim Orders Committee (subject to subsection (6B)).
(6B) Subsections (4A) and (6A) do not apply if the Investigating Committee have determined that the allegation or allegations ought to be considered by a Practice Committee and—
(a)the Investigating Committee agree undertakings under subsection (4)(za) or (6)(za), or
(b)(if they do not agree undertakings under that provision) the hearing before a Practice Committee has commenced or, where there is not to be a hearing before a Practice Committee, a Practice Committee have begun to consider written statements or representations.”.
(6) after subsection (8) insert—
“(8A) On a review under subsection (8) the Investigating Committee may refer the allegation or allegations to the Interim Orders Committee.”.
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