(1)There shall continue to be a body corporate known as the General Dental Council (in this Act referred to as “the Council”).
(2)It shall be the general concern of the Council to promote high standards of dental education at all its stages and high standards of professional conduct among dentists, and the Council shall in particular perform the functions assigned to them by this Act.
(3)Part I of Schedule 1 to this Act shall have effect in relation to the Council.
(1)There shall continue to be committees of the Council known as the Education Committee, the Preliminary Proceedings Committee and the Dental Auxiliaries Committee.
(2)The Disciplinary Committee of the Council shall be known instead as the Professional Conduct Committee.
(3)Part II of Schedule 1 to this Act shall have effect in relation to the committees mentioned in subsections (1) and (2) above.
(4)There shall be established a committee of the Council to be known as the Health Committee, which shall be constituted as Her Majesty may provide by Order in Council.
(5)An Order in Council made under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Any medical authority who have power for the time being to grant surgical degrees may, notwithstanding anything in any enactment, charter or other document, hold examinations in dentistry and grant licences certifying the fitness of the holders to practise dentistry; and the holders’ names shall be entered on a list of licentiates in dentistry to be kept by the medical authority.
(2)Subsection (1) above is without prejudice to any power to grant a degree or licence in dentistry which a medical authority may possess apart from the provisions of this Act.
(3)In this section “medical authority” means any of the universities or other bodies who choose appointed members of the General Medical Council, . . . F1
(4)References in this Act to a dental authority are references to a medical authority who grant degrees, licences or other diplomas in dentistry.
Textual Amendments
F1Words repealed by S.I. 1987/2047, art. 2(a), Sch.
(1)For the purpose of any examinations to qualify for a degree or licence in dentistry held by—
(a)any university in England or Wales, Scotland or [F2Northern Ireland],
(b)the Royal College of Surgeons of Edinburgh,
(c)the Royal College of Physicians and Surgeons of Glasgow, . . . F3
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
the Council or other governing body of the university or college may appoint a board of examiners.
(2)Each of these boards shall be called the Board of Examiners in Dental Surgery or Dentistry, and shall consist of not less than six members, of whom at least one half shall be registered dentists; and nothing in any enactment, charter or other document shall make it necessary for them to possess any other qualification.
(3)Persons appointed under this section shall continue in office for such period, and shall conduct the examinations in such manner, as the governing body appointing them may by byelaws or regulations direct.
(4)A casual vacancy in any such board of examiners may be filled by the governing body which appointed the board and the person so appointed—
(a)shall be a registered dentist if the person in whose place he is appointed was a registered dentist, and
(b)shall hold office for such time only as that other person would have held office.
(5)Such reasonable fees shall be paid for a degree or licence awarded after examination by a board of examiners under this section as the governing body by whom they were appointed may by byelaws or regulations direct and the degrees or licences awarded after examination by the board of examiners shall be in such form as that governing body may so direct.
(6)All byelaws and regulations made by a dental authority under this section, and any further byelaws or regulations altering or revoking them, shall be made in such manner, and subject to such approval or confirmation, if any, as in the case of other byelaws or regulations made by that dental authority.
Textual Amendments
F2Word substituted by S.I. 1987/2047, art. 2(b)
F3Words repealed by S.I. 1987/2047, art. 2(a), Sch.
The Royal College of Surgeons of England shall continue to hold examinations, and to appoint a board of examiners in dentistry, and to grant licences certifying the fitness of the holders to practise, subject to and in accordance with the provisions of their charter dated 8th September 1859 and the bye-laws made in pursuance of that charter; and the name of the holder of any licence so granted shall be entered on a list of licentiates in dentistry to kept by the College.
(1)A dental authority shall admit to the examinations held by them to qualify for a degree or licence in dentistry any person desirous of being examined who has complied with the regulations in force (if any) as to education laid down by the dental authority.
(2)Notwithstanding anything in any enactment, charter or other document, a dental authority shall not grant a degree or licence in dentistry to a person who has not attained the age of 21 years.
A degree or licence in dentistry granted by a dental authority shall not confer any right or title to be registered under the M1Medical Act 1983, nor to assume any name, title or designation implying that the holder of the degree or licence is by law recognised as a practitioner or licentiate in medicine or general surgery.
Marginal Citations
Every dental authority shall from time to time when required by the Council furnish them with such information as the Council may require—
(a)as to the course of study and examinations to be gone through in order to obtain a degree or licence in dentistry, or any additional diploma in dentistry, and
(b)generally as to the conditions laid down for obtaining such a degree, licence or diploma.
(1)The Council may appoint persons to visit, subject to any directions which the Privy Council may deem it expedient to give and to compliance with any conditions specified in those directions, places where instruction is given—
(a)to dental students under the direction of a dental authority, or
(b)to post-graduate students in dentistry under the direction of a dental authority or any other body.
(2)Visitors appointed under this section shall report to the Council as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by the Council either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.
(3)On receiving a report of a visitor under this section, the Council shall send a copy of the report to the dental authority or other body under whose direction the instruction in question was given, and on receiving the copy that dental authority or body may, within such period (not being less than one month) as the Council may have specified at the time they sent the copy of the report, make to the Council observations on the report or objections to it.
(4)The Council shall, as soon as possible after the end of the period specified under subsection (3) above, send to the Privy Council a copy of the report and of any observations or objections duly made under that subsection, together with the Council’s comments on the report and on any such observations and objections.
(5)The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under this section.
(1)Any member of the Council or other person, being a member or person appointed for the purpose by the Council, may be present at any such examinations as are mentioned in section 8(a) above.
(2)The Council shall have power to remunerate persons so appointed who are not members of the Council for being present at the examinations.
(1)Where it appears to the Council that the course of study or the examinations to qualify for a degree or licence in dentistry granted by a dental authority is or are not such as to secure the possession by the graduates or licentiates of the requisite knowledge and skill for the efficient practice of dentistry, the Council may make a representation to that effect to the Privy Council; and on any such representation the Privy Council may, if they think fit, order that any degree or licence in dentistry granted by the dental authority after a time specified in the order shall not confer any right to be registered under this Act.
(2)The powers conferred by subsection (1) above upon the Council to make representations and upon the Privy Council to make orders may be exercised in respect of a specifically described degree or licence in dentistry granted by a dental authority.
(3)If an order is made under this section in respect of any degree or licence in dentistry granted by a dental authority, no person shall be entitled to be registered under this Act in respect of any such degree or licence granted after the time mentioned in the order.
(4)The Privy Council may, if it appears to them on a further representation from the Council or otherwise that the dental authority in question has made effectual provision to the satisfaction of the Council for the improvement of the course of study or examinations, revoke an order made under this section, but the revocation shall not entitle a person to be registered in respect of a degree or licence in dentistry granted before the revocation.
(5)Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just.
(1)If it appears to the Council that a dental authority have attempted to impose on any candidate offering himself for examination an obligation to adopt, or to refrain from adopting, the practice of any particular theory of dentistry as a test or condition of admitting him to examination or of granting a degree or licence in dentistry, the Council may make a representation to that effect to the Privy Council.
(2)On any such representation the Privy Council may direct the authority to desist from attempting to impose any such obligation, and if the authority do not comply with the direction the Privy Council may order that the authority shall cease to have power to grant degrees or licences in dentistry so long as they continue to attempt to impose any such obligation.
(3)Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just.
The Council shall refer to their Education Committee for advice on all matters relating to dental education and examinations.
(1)There shall continue to be a register known as the dentists register.
(2)The register shall be kept by a registrar who shall perform such duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears sufficient.
(3)Any appointment to the office of registrar shall be made by the Council, and any person appointed shall hold office for such period and shall receive such salary as may be fixed by the Council.
(4)The Council may appoint a person to act as assistant registrar who shall be paid such salary or remuneration as the Council may from time to time determine.
(5)The register shall be deemed to be in proper custody when in the custody of the registrar, and shall be of such a public nature as to be admissible as evidence of all matters in it on its mere production from that custody.
(6)A certificate purporting to be a certificate under the hand of the registrar stating—
(a)that any person is or is not, or was or was not at any date, duly registered in the register, or
(b)that any particulars are or are not, or were or were not at any date, contained in the register with respect to any person,
shall be prima facie evidence in all courts of law of the facts stated in the certificate.
(1)Subject to the provisions of this Act the following persons shall be entitled to be registered in the dentists register in accordance with this Act, namely—
(a)any person who is a graduate or licentiate in dentistry of a dental authority;
(b)any person who is a national of [F4an EEA State] and holds an appropriate European diploma; and
(c)any person who holds a recognised overseas diploma.
(2)In subsection (1) above—
“appropriate European diploma” shall be construed in accordance with Schedule 2 to this Act;
“national”, in relation to [F4an EEA State], means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;
and in this Act “recognised overseas diploma” means a diploma granted in a country overseas and recognised for the time being by the Council for the purposes of this Act, and does not include an appropriate European diploma.
[F5(2A)Any person who—
(a)is not a national of an EEA State, but
(b)is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 M2 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,
shall be treated for the purposes of subsection (1)(b) above as if he were such a national.]
(3)A person shall not be entitled to be registered in the dentists register under paragraph (a) or (b) of subsection (1) above unless he satisfies the registrar as to the following matters, namely—
(a)his identity;
(b)that he is of good character; and
(c)that he is in good health, both physically and mentally.
(4)A person shall not be entitled to be registered in the dentists register under paragraph (c) of that subsection unless he satisfies the registrar as to the following matters, namely—
(a)his identity;
(b)that he is of good character;
(c)that he has satisfied the Council that he has the requisite knowledge and skill;
(d)that [F6he—
(i)is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)); or
(ii)] has the necessary knowledge of English; and
(e)that he is in good health, both physically and mentally.
[F7(4A)In relation to a person who is a national of an EEC State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good character for the purposes of subsection (3)(b)—
(a)a certificate issued by a competent authority in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, attesting that the requirements of that State in relation to good character for taking up the profession of dentistry have been met; or
(b)(where the State does not require proof of good character for taking up of the profession of dentistry) an extract from the judicial record or an equivalent document issued by a competent authority in the State showing that he is of good character.
(4B)In relation to a person who is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good health for the purposes of subsection (3)(c)—
(a)the document required in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, as proof of good health; or
(b)(where the State does not require proof of good health for the taking up of the profession of dentistry) a certificate issued by a competent authority in the State corresponding to the certificates of good health issued by the Council.
(4C)the registrar shall not accept any certificate referred to in subsection (4A) or (4B) if it is presented more than three months after the date on which it was issued.]
(5)An applicant for registration under subsection (1)(c)above has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of dentistry in the United Kingdom.
(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.
[F8(7)In this Act—
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M3 as adjusted by the Protocol signed at Brussels on 17th March 1993 M4;
“EEA State” means a State which is a contracting party to the EEA Agreement.]
Textual Amendments
F4Words in s. 15(1)(b)(2) substituted (1.7.1996) by S.I. 1996/1496, reg. 2(1)
F5S. 15(2A) inserted (1.7.1996) by S.I. 1996/1496, reg. 2(2)
F6Word in s. 20(4)(d) substituted and (i)(ii) inserted (14.4.1998) by 1998/811, reg. 20(1)
F7S. 15(4A)-(4C) inserted (14.4.1998) by S.I. 1998/811, reg. 19
F8S. 15(7) inserted (1.7.1996) by S.I. 1996/1496, reg. 2(3)
Marginal Citations
M2O.J. No. L257, 19.10.68 p.1. (amended by Council Regulation (EEC) No. 312/76 O.J. No. L39, 14.2.76, p.2).
M3Cm 2073 and O.J. No. L1, 3.1.94, p.3.
M4Cm 2183 and O.J. No. L1, 3.1.94, p.572.
(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.
[F9(2A)In deciding for the purposes of section 15(4)(c) whether a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill, the Council—
(a)shall take into account any dental qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a dentist in that State;
(b)shall take into account any professional dental experience or knowledge that he has acquired in another EEA State; 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.]
(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
F9S. 16(2A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(2)
(1)Where the Council, with a view to permitting any person holding a recognised overseas diploma temporarily to practise dentistry in a particular post in a hospital or other institution, give a direction that he be registered as respects practice in that post in that hospital or institution for such period as may be specified in the direction, that person shall be entitled to be registered in the dentists register in accordance with this Act subject to the entry against his name of the restrictions specified in the direction.
(2)No direction shall be given under this section unless the persons concerned has satisfied the registrar as to the following matters, namely—
(a)his identity;
(b)that he is of good character;
(c)that he has the requisite knowledge and skill for the efficient practice of dentistry in the post in question;
[F10(d)that he—
(i)is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)); or
(ii)has the necessary knowledge of English; and]
(e)that he is in good health, both physically and mentally.
(3)An applicant for registration under this section has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of dentistry in the United Kingdom.
[F11(3A)In deciding for the purposes of subsection (2)(c) whether a person who is a national of an EEA State (or a person who is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account any professional dental experience or knowledge that he has acquired in another EEA State, and any acceptance by such a State of his right to practise as a dentist in that State.]
(4)Registration under this section shall not make it lawful for a person to practise dentistry otherwise than subject to the restrictions specified in the relevant direction nor constitute him a registered dentist for the purposes of Schedule 1 to this Act.
(5)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.
Textual Amendments
F10S. 17(2)(d) substituted (14.4.1998) by S.I. 1998/811, reg. 20(3)(a)
F11S. 17(3A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(3)(b)
(1)Subject to section 17 above and subsection (3) below, any right to registration shall be conditional on the making of an application supported by such evidence as is required by subsection (2) below.
[F12(2)Any person applying to be registered shall produce or send to the registrar—
(a)the document conferring or evidencing his licence or other qualification;
(b)a statement of his name and address and the other particulars (if any) required for registration; and
(c)in the case of an application made by virtue of subsection (2A) of section 15 above, evidence of the enforceable Community right on which he relies.]
(3)A dental authority may from time to time transmit to the registrar certified lists of the persons who are graduates or licentiates of that body in dentistry, stating the qualifications and places of residence of the persons included in the lists; and on receiving any such lists the registrar shall, subject to the provisions of this Act, duly register those persons.
Textual Amendments
F12S. 18(2) substituted (1.7.1996) by S.I. 1996/1496, reg. 2(4)
(1)The Council may make regulations with respect to the form and keeping of the register and the making of entries and erasures in it, and in particular—
(a)prescribing a fee to be charged on the entry of a name in the register or on the restoration of any entry to the register;
(b)prescribing a fee to be charged in respect of the retention in the register of the name of a person first registered after 28th July 1921 in any year subsequent to the year in which that person was first registered;
(c)providing for the registration in and removal from the register in prescribed circumstances of additional diplomas held by a registered dentist and prescribing a fee to be charged in respect of the registration;
(d)authorising the registrar (notwithstanding anything in this Act) to refuse to make in or restore to the register any entry until a fee prescribed by regulations under this section has been paid.
(2)Regulations under this section may authorise the registrar to erase from the register the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed under subsection (1)(b) above; and where a person’s name is so erased, that name may be restored to the register on that person’s application if he satisfies the registrar as to the matters specified in paragraphs (a) to (c) of section 15(3) above.
(3)Regulations under this section prescribing fees may provide for the charging of different fees in different classes of cases.
(4)Regulations under this section prescribing fees or authorising the registrar to erase a person’s name for non-payment of a fee shall not come into force until approved by order of the Privy Council.
Where—
(a)the name of a person entitled to be registered by virtue of a recognised overseas diploma is entered in the register, or
(b)an additional diploma granted in a country overseas is entered against a person’s name in the register,
the registrar shall enter that diploma in such abbreviated form as the registrar, after consultation with the President of the Council, may select as being convenient but not capable of being mistaken for the abbreviated form of any other diploma.
Where the registrar refuses—
(a)an application for registration under any provision of section 15(1) above, or
(b)an application for a direction to be given under section 17 above, or
(c)an application to be restored to the register under section 19(2) above,
he shall notify the applicant in writing of his reasons for refusing the application; and any such notification may be sent by post.
(1)Where a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) applies for registration under section 15(1)(b), the registrar shall notify him of the result of his application—
(a)within three months of the date when the registrar received all documents (or any remaining documents) that he needed to determine the application; or
(b)within such longer period as is allowed by article 13 of Community Council Directive No. 78/686/EEC.
(2)The notification may be sent by post.
(3)In subsection (1)(b), “Community Council Directive No. 78/686/EEC” has the meaning given to it in Schedule 2, Part I, paragraph 1.]
Textual Amendments
F13S. 21A inserted (14.4.1998) by S.I. 1998/811, reg. 21(1)
(1)The Council shall cause a correct copy of the register at least once a year to be printed under their direction, published and sold, and subject to subsection (2) below any such copy shall be admissible in evidence.
(2)Regulations under section 19 above may provide for the inclusion in any such copy of the register of honours or distinctions accorded to a person in the register, but it shall not be admissible as evidence of those honours or distinctions; and regulations so made shall require an indication to be given in the copy of the register that the honours or distinctions do not form part of the register itself.
(1)The registrar shall erase from the register the name of every deceased person; and on registering the death of a registered dentist a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar of the dentists register a copy certified under his hand of the entry in the register of deaths relating to the death.
(2)If a registered dentist has ceased to practise, the registrar may with his consent erase his name from the register.
(3)The registrar may send by post to a registered dentist a notice inquiring whether he has ceased to practise or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, he may erase the dentist’s name from the register.
(4)Where a person’s name has been erased from the register under subsection (3) above or at his request, then, unless the original entry of his name was incorrectly or fraudulently made, the name may be restored to the register on his application if he satisfies the registrar as to the matters specified in paragraphs (a) to (c) of section 15(3) above.
(5)Where the registrar refuses any application under subsection (4) above he shall notify the applicant in writing of his reasons for refusing the application; and any such notification may be sent by post.
(1)The Council shall cause to be erased from the register any entry which has been incorrectly or fraudulently made; but where a question arises whether an entry is fraudulent it shall be referred to and determined by the Professional Conduct Committee.
(2)Where a person’s name has been erased on the ground that it was entered fraudulently that name shall not again be entered in the register except on an application in that behalf to the Council and on any such application the Council may, if they think fit, direct that the person shall not be registered, or shall not be registered until the expiration of such period as may be specified in the direction.
(3)The Council shall refer any application under subsection (2) above to the Professional Conduct Committee for determination by them.
The registrar shall from time to time insert in the register any alteration which may come to his knowledge in the name or address of any registered person.
(1)A registered dentist shall by virtue of being registered be entitled to take and use the description of dentist, dental surgeon or dental practitioner.
(2)A registered dentist shall not take or use, or affix to or use in connection with his premises, any title or description reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the register in respect of him.
(3)If the Council are of opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, they may by regulations prescribe appropriate titles and conditions under which they may be used; and the use of a prescribed title under the prescribed conditions shall not constitute a contravention of subsection (2) above.
(4)In the case of any prescribed title regulations under subsection (3) above may provide—
(a)for a list to be kept by the Council of the names of registered dentists who are qualified under such regulations to use that title; and
(b)for any registered dentist who is so qualified to be entitled to have his name entered in the list;
and where regulations so provide as aforesaid nothing in that subsection shall permit that title to be used by any such dentist unless his name has been entered in the list.
(5)If an abbreviated form of a diploma granted in a country overseas is under section 20 above entered against a person’s name in the dentists register, that person shall not take or use, or affix to or use in connection with his premises, any other abbreviation of that diploma.
(6)Any person who contravenes subsection (2) or (5) above shall be liable on summary conviction to a fine not exceeding the third level on the standard scale.
(7)The Council shall cause a correct copy of any list for the time being kept by them in pursuance of subsection (4) above to be appended to any copy of the dentists register printed, published and sold in accordance with section 22 above.
(1)Where the Professional Conduct Committee are satisfied that a registered dentist (whether before or after registration)—
(a)has been convicted in the United Kingdom of a criminal offence or has been convicted elsewhere of an offence which, if committed in England and Wales, would constitute a criminal offence, or
(b)has been guilty of serious professional misconduct,
they may, if they think fit, determine that his name shall be erased from the register or that his registration in it shall be suspended for such period not exceeding twelve months as may be specified in their determination.
(2)It shall be the function of the Preliminary Proceedings Committee to decide whether the case of a person alleged to have been convicted as mentioned in subsection (1) above or to have been guilty of any such misconduct as is there mentioned ought to be referred to the Professional Conduct Committee to be dealt with by them in accordance with this section.
(3)If after the Preliminary Proceedings Committee have referred the case of any such person to the Professional Conduct Committee, but before the Professional Conduct Committee have opened their inquiry into the case, it appears to the Professional Conduct Committee that the question whether an inquiry should be held needs further consideration, they may refer the case back to the Preliminary Proceedings Committee for consideration of that question but, subject to that, it shall be the duty of the Professional Conduct Committee to hold an inquiry into any case referred to them under this section.
(4)Where the Professional Conduct Committee determine under this section that a person’s name shall be erased from the register or that his registration shall be suspended, the registrar shall serve on him a notification of the determination and of his right to appeal against it under section 29 below.
(5)Where a dental authority in exercise of a power conferred by law strike the name of a person who is a registered dentist off a list of their graduates or licentiates in dentistry and notify to the Council the fact of the striking off—
(a)the registrar shall retain a record of that fact; and
(b)if the dental authority notify to the council the findings of fact on which the decision to strike off the name was based, then for the purpose of any inquiry under this Act as to whether that person has been guilty of serious professional misconduct the findings may, if the body holding the inquiry think fit, be treated as conclusive of the facts found.
(1)Where the fitness of a registered dentist to practise is judged by the Health Committee to be seriously impaired by reason of his physical or mental condition, the Committee may, if they think fit, direct—
(a)that his registration in the register shall be suspended for such period not exceeding twelve months as may be specified in the direction; or
(b)that his registration shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Committee think fit to impose for the protection of the public or in his own interests.
(2)Where a registered dentist whose registration is for the time being conditional on his compliance with requirements imposed under this section is judged by the Health Committee to have failed to comply with any of those requirements, the Committee may, if they think fit, direct that his registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.
(3)Where the Health Committee have given a direction for suspension under subsection (1)(a) or (2) above, they may subsequently—
(a)direct that the current period of suspension shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction;
(b)direct that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Committee have power to impose under subsection (1)(b) above;
but the Committee shall not extend any period of suspension under this section by more than twelve months at a time.
(4)Where the Health Committee have given a direction for conditional registration under this section, the Committee may subsequently revoke that direction or do one or more of the following things, namely—
(a)revoke any of the requirements imposed by that direction;
(b)direct that any of those requirements shall be varied in such manner as may be specified in the direction;
(c)direct that the current period of conditional registration shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction;
but the Committee shall not extend any period of conditional registration under this section by more than twelve months at a time.
(5)Where the Health Committee give any direction under this section the registrar shall forthwith serve on the person to whom it applies a notification of the direction and of his right to appeal against it under section 29 below; and where the Committee under subsection (4) above revoke any direction or requirement of a direction the registrar shall forthwith serve on the person to whom the direction applied or, as the case may be, applies a notification of the revocation.
(1)Where a person is notified—
(a)under subsection (4) of section 27 above that a determination has been made in respect of him under that section, or
(b)under subsection (5) of section 28 above that a direction has been given in respect of him under that section,
he may, within twenty-eight days from the service of the notification, appeal to Her Majesty in Council against that determination or, on any question of law, against that direction.
(2)An appeal under this section from the Professional Conduct Committee or the Health Committee shall be made in accordance with such rules as Her Majesty may by Order in Council provide in relation to that Committee for the purposes of this section; and the Judicial Committee Act 1833 shall apply in relation to each of those Committees as it applies in relation to a court falling within section 3 of that Act (appeals to Her Majesty in Council to be referred to the Judicial Committee of the Privy Council).
(3)Without prejudice to the application of that Act, on an appeal under this section the Judicial Committee may, in their report, recommend to Her Majesty in Council—
(a)that the appeal be dismissed;
(b)that the appeal be allowed and that the determination or direction appealed against be quashed;
(c)that such other determination or direction as the Professional Conduct Committee or (as the case may be) the Health Committee could have made or given be substituted for the determination or direction appealed against; or
(d)that the case be remitted to the Professional Conduct Committee or the Health Committee to dispose of the case under section 27 or 28 above in accordance with the directions of the Judicial Committee.
(4)The Council may appear as respondent on any appeal under this section; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party to it, whether they appear on the hearing of the appeal or not.
(1)Where no appeal is brought against any determination or direction under section 27 or 28 above within the period mentioned in section 29(1) above, the determination or direction shall take effect at the expiry of that period.
(2)Where an appeal is so brought against any such determination or direction, then (subject to section 31(2) below) the determination or direction shall not take effect until such time as the appeal is dismissed or withdrawn or is struck out for want of prosecution.
(3)If—
(a)the Professional Conduct Committee on making any determination in respect of a person under section 27 above, or
(b)the Health Committee on giving a direction for suspension in respect of a person under section 28(1) or (2) above,
are satisfied that it is necessary for the protection of members of the public, or that it would be in the best interests of that person, to do so, they may order that his registration in the register shall be suspended forthwith; and in that event his registration in the register shall be suspended by virtue of this subsection from the time when the order is made until the time when the period for bringing an appeal against the said determination or direction under section 29 above expires or, if such an appeal is brought, the appeal is determined or withdrawn or is struck out for want of prosecution.
(4)Where the Professional Conduct Committee or the Health Committee make an order under subsection (3) above the registrar shall forthwith serve on the person to whom it applies a notification of the order and of his right to make an application under subsection (6) below.
(5)If when an order is made under subsection (3) above the person to whom it applies is neither present nor represented at the proceedings, that subsection shall have effect as if, for the reference to the time when the order is made, there were substituted a reference to the time when notification of the order is served under subsection (4) above.
(6)A person whose registration in the register has been suspended under subsection (3) above may apply to the court for an order terminating the suspension, and the decision of the court on any such application shall be final.
(7)In subsection (6) above “the court”—
(a)in the case of a person whose address in the register is in Scotland, means the Court of Session;
(b)in the case of a person whose address in the register is in Northern Ireland, means the High Court in Northern Ireland; and
(c)in the case of any other person, means the High Court in England and Wales.
(1)Where any such direction as is mentioned in section 28(2), (3) or (4)(c) above is given while a person’s registration is subject to conditions or suspended by virtue of a direction under this Act, his registration shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration would cease to be conditional or suspended, as the case may be, and the time when—
(a)the period for bringing an appeal against the direction under section 29 above expires; or
(b)if such an appeal is brought, the appeal is determined or withdrawn or is struck out for want of prosecution.
(2)If, however. on the determination of any appeal under section 29 above any such direction as is mentioned in section 28(2), (3) or (4)(c) above takes effect after the time when (but for subsection (1) above) the current period of conditional registration or suspension referred to in the said provision of section 28 would have ended, the period for which that direction is to have effect shall be treated as having started to run at that time.
(1)Where the Preliminary Proceedings Committee (“the Committee”)—
(a)decide that the case of a person who is alleged to have been convicted as mentioned in section 27(1) above, or to have been guilty of any such misconduct as is there mentioned, ought to be referred to the Professional Conduct Committee under that section, and
(b)are satisfied that it is necessary for the protection of members of the public to make an order under this section in respect of that person,
they may order that his registration in the register shall be suspended in accordance with the following provisions of this section pending the determination of his case by the Professional Conduct Committee.
(2)The Committee may make any such order notwithstanding—
(a)in the case of a person alleged to have been convicted as aforesaid, that any proceedings by way of appeal are pending in respect of the conviction in question; or
(b)in the case of a person alleged to have been guilty of any such misconduct as aforesaid, that any criminal charge has been, or might be, brought in respect of the alleged misconduct.
(3)No order shall be made under this section in respect of a person unless he has been afforded an opportunity of appearing before the Committee and of being heard on the question whether such an order should be made in his case; and for the purposes of this subsection a person may be represented before the Committee by counsel or a solictor, or (if rules under paragraph 8 of Schedule 1 to this Act so provide and he so elects) by a person of such other description as may be specified in the rules.
(4)Where the Committee make an order under this section the registrar shall forthwith serve on the person to whom it applies a notification of the order and of his right to make an application for the termination of the order under subsection (8) below; and the registration of that person in the register shall be suspended by virtue of this section from the time when the notification is so served until such time as the order is revoked under subsection (5) or (6) below.
(5)Any order under this section shall be reviewed by the Committee not later than three months after the date of its making and subsequently at intervals of not more than three months; and where the Committee on any such review are satisfied that the continuation in force of the order is not necessary for the protection of members of the public they shall revoke the order.
(6)Where the case of a person to whom an order under this section applies is determined by the Professional Conduct Committee under section 27 above, the Professional Conduct Committee shall revoke the order either forthwith or, if they make an order for immediate suspension taking effect under section 30(5) above, as from the time when that order so takes effect.
(7)Where an order under this section is revoked under subsection (5) or (6) above the registrar shall forthwith serve on the person concerned a notification of the revocation of the order.
(8)Subsections (6) and (7) of section 30 above shall have effect in relation to an order under this section as they have effect in relation to an order of the Professional Conduct Committee under subsection (3) of that section.
(1)While a person’s registration in the register is suspended by virtue of a determination, direction or order under this Part of this Act, he shall be treated as not being registered in the register, notwithstanding that his name still appears in it.
(2)Schedule 3 to this Act (which contains supplementary provisions relating to professional conduct and health cases) shall have effect.
(1)Where a person’s name has been erased from the register in consequence of a determination under section 27 above, the name of that person shall not again be entered in the register except by direction of the Council; and the Council may, subject to subsection (2) below, direct that the name of that person shall be restored to the register.
(2)An application for the restoration of a name to the register shall not be made to the Council—
(a)within ten months from the date of erasure, or
(b)within ten months from a previous application.
(3)The Council shall refer any application under this section to the Professional Conduct Committee for determination by them.
Valid from 29/10/2001
Textual Amendments
F14Ss. 34A, 34B and preceding cross-heading inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 8
(1)The Council shall make rules requiring registered dentists to undertake professional training and development of descriptions specified in the rules.
(2)If it appears to the registrar that a registered dentist has failed to comply with the requirements of rules made under subsection (1) above, the registrar may erase the dentist’s name from the register.
(3)The Council shall make rules as to the procedures to be followed before the registrar may erase a registered dentist’s name from the register under this section.
(4)Rules made under subsection (3) above shall provide for an appeal to the Continuing Professional Development Committee from a decision of the registrar to erase a registered dentist’s name from the register.
(5)Schedule 3A (which provides for the procedures before the Continuing Professional Development Committee) shall apply in relation to such an appeal.
(6)Rules made under subsections (1) and (3) above shall not come into force until approved by order of the Privy Council.
(7)The registrar shall not erase a person’s name from the register under this section—
(a)until the end of the period during which he may appeal to the Continuing Professional Development Committee by virtue of rules made under subsection (3) above, or
(b)if he does appeal to that Committee, until the appeal process (including any appeal to Her Majesty in Council) has been exhausted.
(8)The registrar shall serve on a registered dentist a notice of his decision to erase him from the register under this section and the reasons for it.
Textual Amendments
F15Ss. 34A, 34B and preceding cross-heading inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 8
(1)The Council shall make rules providing for requirements as to professional training and development to be met by a person who seeks the restoration of his name to the register following its erasure under any provision of this Act.
(2)The rules—
(a)may make different provision for different cases and circumstances; but
(b)may not require a person to do anything which amounts to the practice of dentistry.
(3)If a person whose name has been erased from the register under section 34A above (whether or not following an appeal) satisfies the registrar—
(a)that he has met the requirements provided for by the rules in relation to his case or circumstances; and
(b)as to the matters specified in paragraphs (a) to (c) of section 15(3) above,
the registrar shall restore his name to the register.
(4)The Council shall make rules as to the procedures to be followed before the registrar may make a decision whether or not to restore a person’s name to the register under this section.
(5)The registrar shall serve on such a person a notice of his decision and the reasons for it.
(6)Rules under subsection (4) above shall provide for an appeal to the Continuing Professional Development Committee from a decision of the registrar not to restore a person’s name to the register under this section and Schedule 3A shall apply in relation to such an appeal.
(7)Rules made under subsection (1) or (4) above shall not come into force until approved by order of the Privy Council.]
Textual Amendments
F16Ss. 34A, 34B and preceding cross-heading inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 8
(1)A person who is subject to a disqualifying decision in [F17an EEA State] in which he is or has been established in dental practice shall not be entitled to be registered under section 15(1)(b) above.
(2)A disqualifying decision in [F17an EEA State] in respect of a person is a decision made by responsible authorities in that State and—
(a)expressed to be made on the grounds that he has committed a criminal offence or has misconducted himself in a professional respect, and
(b)having in that State the effect either that he is no longer registered or otherwise officially recognised as a dental practitioner, or that he is prohibited from practising there.
(3)If a person is registered under section 15(1)(b) above when he is subject to a disqualifying decision the registrar, on being satisfied that the person was at that time and still is subject to the decision, shall remove his name from the register.
(4)If, by reason of his being subject to a disqualifying decision, a person is refused registration or has his name erased from the register by the registrar under the foregoing provisions of this section then—
(a)the registrar shall, on request, state in writing the grounds for the refusal or erasure;
(b)the person may appeal by giving notice in writing to the Council; and
(c)any such appeal shall be referred to and determined by the Professional Conduct Committee who shall direct the registrar whether the person is or is not entitled to be registered or should or should not have his name erased from the register, as the case may be;
and paragraphs 2 and 5 of Schedule 3 to this Act shall apply to appeals under this section as they apply in relation to proceedings of the Professional Conduct Committee under section 27 above, except that the Council shall have power to make rules with respect to all or any of the matters mentioned in paragraph 2(2) but shall not be required to do so and separate rules may be made by virtue of this subsection as respects proceedings under it.
(5)If a person who has been registered under section 15(1)(b) above becomes subject to a disqualifying decision his case shall stand referred to the Professional Conduct Committee as the case of a person alleged to have been convicted as mentioned in subsection (1) of section 27 above or to have been guilty of any such misconduct as is there mentioned; and the Committee, on being satisfied that he is subject to the disqualifying decision, may exercise their powers under that subsection on the assumption that the criminal offence or professional misconduct on the grounds of which the disqualifying decision was made constitutes such conduct as, under paragraph (a) or (b) of that subsection, justifies the exercise of their powers under that subsection.
Textual Amendments
F17Words in s. 35(1)(2) substituted (1.7.1996) by S.I. 1996/1496, reg. 6(1)
Schedule 4 to this Act (which makes provision for persons established in dental practice in other [F18EEA States] to render dental services during a visit to the United Kingdom, without being registered under this Act) shall have effect.
Textual Amendments
F18Words in s. 36 substituted (1.7.1996) by S.I. 1996/1496, reg. 6(2)
(1)For the purposes of this Act, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances shall be deemed to have practised dentistry within the meaning of this Act.
(2)Dental work shall not treated for the purposes of this Act as amounting to the practice of dentistry if it is undertaken under the direct personal supervision of a registered dentist—
(a)by a person recognised by a dental authority as a student of dentistry, or by a person recognised by a medical authority as a medical student, as part of a course of instruction approved by that authority for students of that kind, or as part of an examination so approved, or
(b)by any person as part of a course in instruction which he is following in order to qualify for membership of a class of dental auxiliaries or as part of examinations which must be passed in order to qualify for membership of a class of dental auxiliaries;
but, subject to that, a person who undertakes dental work in the course of his studies (whether or not under the supervision of a registered dentist) shall be treated for the purposes of this Act as practising dentistry if he would have been treated for those purposes as practising dentistry if he had undertaken that work in the course of earning his livelihood.
(3)In this section “medical authority” means one of the universities and other bodies who choose appointed members of the General Medical Council.
(1)A person who is not a registered dentist, a visiting [F19EEA practitioner] entered in the list of such practitioners, or a registered medical practitioner shall not practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry.
(2)Any person who acts in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
(3)Summary proceedings for an offence under this section may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than two years after the commission of the offence.
(4)For the purposes of subsection (3) above a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as is mentioned in that subsection came to his knowledge shall be conclusive evidence of that date, and any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.
Textual Amendments
F19Words in s. 38(1) substituted (1.7.1996) by S.I. 1996/1496, reg. 6(3)
(1)A person who is not a registered dentist, a visiting [F20EEA practitioner] entered in the list of such practitioners or a registered medical practitioner shall not take or use the title of dentist, dental surgeon or dental practitioner, either alone or in combination with any other word.
(2)No person shall take or use any title or description implying that he is a registered dentist unless he is a registered dentist.
(3)Any person who acts in contravention of this section shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
Textual Amendments
F20Words in s. 39(1) substituted (1.7.1996) by S.I. 1996/1496, reg. 6(3)
(1) For the purposes of this Act a person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member receives payment for services rendered in the course of the practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.
(2)Notwithstanding subsection (1) above, the receipt of payments—
(a)by an authority providing national health services, or
[F21(ab)by a person (other than one falling within paragraph (a) above) providing personal dental services under section 28C of the National Health Service Act 1977 F22 or section 17C of the National Health Service (Scotland) Act 1978 F23, or]
(b)by a person providing dental treatment for his employees without a view to profit, or
(c)by a person providing dental treatment without a view to profit dental treatment without a view under conditions approved by the Secretary of State or the Department of Health and Social Services for Northern Ireland,
shall not constitute the carrying on of the business of dentistry for the purposes of this Act.
Textual Amendments
F21S. 40(2)(ab) inserted (17.7.1998) by S.I. 1998/1546, art. 2
F221977 c.49. Section 28C was inserted by the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”), section 21(1).
(1)Subject to the provisions of this section, an individual who is not a registered dentist or a registered medical practitioner shall not carry on the business of dentistry unless he was engaged in carrying on the business of dentistry on 21st July 1955, and any individual who contravenes this section shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
(2)The exemption conferred by subsection (1) above on persons who were carrying on the business of dentistry on the date there mentioned shall not extend to any person who has at any time ceased to be a registered dentist in consequence of his name being erased from the register, or his registration in it being suspended, under section 27 above.
(3)This section shall not operate to prevent a person from carrying on the business of dentistry during any period for which his registration in the register is suspended by virtue of a direction under Part III of this Act or by virtue of an order under section 30(3)(b) or section 32 above and subsections (4) and (6) below shall apply in relation to a person whose registration is so suspended as they apply in relation to a registered dentist.
(4)Where a registered dentist or registered medical practitioner who died after 3rd July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his personal representatives or his widow or any of his children, or trustees on behalf of his widow or any of his children, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with his death.
(5)Where a registered dentist or a registered medical practitioner who died before 4th July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his widow, or trustees on behalf of his widow, from carrying on the business of dentistry in continuance of that business or practice at any time during her life.
(6)Where a registered dentist or registered medical practitioner becomes bankrupt at a time when he is carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his trustee in bankruptcy, or in Northern Ireland the official assignee, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with the bankruptcy.
(1)No body corporate, other than one exempted under section 43 below, shall carry on the business of dentistry.
(2)Any body corporate contravening this section shall be liable on summary conviction to a fine not exceeding the third level on the standard scale.
(3)Where a body corporate is convicted of an offence under this section, every director and manager of the body shall, unless he proves that the offence was committed without his knowledge, be guilty of the like offence.
(1)A body corporate may, subject to the following provisions of this Part of this Act, carry on the business of dentistry if—
(a)it was carrying on the business of dentistry on 21st July 1955, and
(b)it carries on no business other than dentistry or some business ancillary to the business of dentistry, and
(c)a majority of the directors are registered dentists, and
(d)all its operating staff are either registered dentists or dental auxiliaries.
(2)Paragraph (a) of subsection (1) above shall not apply—
(a)to a society registered under the M5Industrial and Provident Societies Act 1965 or the M6Industrial and Provident Societies Act (Northern Ireland) 1969, or
(b)to a body corporate coming into existence on the reconstruction of a body corporate carrying on business on the date mentioned in that paragraph, or coming into existence on the amalgamation of two or more such bodies.
(3)Paragraph (b) of subsection (1) above shall not apply to a body corporate which was carrying on the business of dentistry before 28th July 1921 so as to prevent it from carrying on any business which that body was at that date lawfully entitled to carry on.
(4)Every body corporate carrying on the business of dentistry shall in every year transmit to the registrar a statement in the prescribed form containing the names and addresses of all persons who are its directors or managers or who perform dental operations in connection with its business, and if any such body corporate fails to do so, it shall be deemed to be carrying on the business of dentistry in contravention of the provisions of section 42 above.
(5)If a body corporate exempted by this section ceases at any time to carry on the business of dentistry, the exemption conferred by this section shall not extend to that body on any subsequent occasion when it carries on the business of dentistry.
(6)Nothing in this section shall prevent a body corporate from carrying on the business of dentistry in the circumstances mentioned in subsections (4), (5) and (6) of section 41 above, and subsection (4) above shall not apply in those circumstances.
(7)In this section “prescribed” means prescribed by regulations made by the Council.
Modifications etc. (not altering text)
C1S. 43 applied (with modifications) (30.6.1999) by 1999 c. ii, s. 9
Marginal Citations
M61969 c. 24. (N.I.).
(1)Where—
(a)a body corporate has been convicted of an offence under section 42 above, or
(b)the name of a director of a body corporate has been erased from the register under section 27 above, or
(c)a director of a body corporate has been convicted under section 38 or 41 above.
the Professional Conduct Committee may, subject to subsection (3) below, direct that the exemption conferred by section 43 above shall cease to extend to that body corporate as from such date as the Committee may specify.
(2)Where—
(a)the name of a member of the operating staff of a body corporate has been erased from the register under section 27 above, and
(b)in the opinion of the Professional Conduct Committee the act or omission constituting the offence or serious professional misconduct on account of which his name was erased was instigated or connived at by a director of the body corporate, or, if the act or omission was a continuing act or omission, a director of the body corporate had, or reasonably ought to have had, knowledge of its continuance,
the Committee may, subject to subsection (3) below, direct that the exemption conferred by section 43 above shall cease to extend to that body corporate as from such date as the Committee may specify.
(3)The Professional Conduct Committee shall not take a case into consideration under subsection (1) or (2) above while proceedings by way of appeal are pending which may result in that subsection being rendered inapplicable in that case, nor during the period in which any such proceedings may be brought.
(4)Where the Professional Conduct Committee determine under subsection (1) or (2) above that the exemption conferred by section 43 above shall cease to extend to a body corporate, the Committee shall notify the body corporate of their determination and that body may, within twenty-eight days of the notification, in accordance with such rules as Her Majesty may by Order in Council provide for the purposes of this section, appeal to Her Majesty in Council—
(a)in the case of a determination under subsection (1) above, on the ground that, notwithstanding the conviction or (as the case may be) the erasure of the name, the Committee’s decision was unjustified;
(b)in the case of a determination under subsection (2) above, on the ground that the opinion of the Committee as to the matters referred to in paragraph (b) of that subsection was incorrect or that, although that opinion was correct, the Committee’s decision was unjustified.
(5)The provisions of sections 29 and 30(1)
and (2) above shall, with the necessary modifications, apply for the purposes of subsection (4) above as they apply in relation to an appeal under section 29 against a determination of the Professional Conduct Committee.
(6)References in this section to the erasure of the name, or to the conviction, of a director of a body corporate include references to the erasure of the name, or to the conviction, of any person who was a director of a body corporate at the time of the offence or misconduct leading to the erasure or conviction.
(1)Subject to the provisions of this section and section 46 below, the Council may by statutory instrument make regulations for the establishment of classes of dental auxiliaries to undertake dental work of kinds prescribed by the regulations, being dental work amounting to the practice of dentistry.
(2)Regulations under this section may in particular make provision as respects any class so established—
(a)for prescribing the qualifications for becoming a member of that class;
(b)for prescribing the dental work which a member of that class may undertake and the conditions, if any, under which he may undertake it;
(c)for the establishment of a roll or record for that class.
(3)The regulations shall be so framed as to secure that provisions in the regulations as to the arrangements to be made for training persons to become members of a class of dental auxiliaries do not materially impair the facilities for the training of dental students.
(4)Regulations under this section may make provision for the appointment of persons to visit places providing courses of instruction approved by the Council under the regulations or to attend examinations so approved by them, and for the remunertion of such persons.
(5)If, after regulations have been made under this section establishing a class of dental auxiliaries, the Council propose to make further regulations varying the provisions relating to that class or abolishing that class, the further regulations shall be so framed as to secure that a person belonging to that class at the time when the further regulations are made is still permitted to do any dental work of a kind which he was previously permitted to do.
(6)The Council need not comply with subsection (5) above in framing the regulations if they are satisfied that reasonable steps have been taken to give each of the persons belonging to the class in question particulars of their proposals with an opportunity of raising objections and none of those persons has maintained any objection to those proposals.
(7)Where a roll or record is established for a class of dental auxiliaries, regulations under this section may, in particular, provide for—
(a)prescribing a fee to be charged when a person’s name is entered in the roll or record.
(b)prescribing a fee to be charged in respect of the retention of a person’s name in the roll or record in any year subsequent to the year in which that person’s name was first recorded, and
(c)authorising the person in charge of the roll or record to erase from the roll or record the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed under paragraph (b) above.
(8)Section 38 above shall not operate to prevent a person doing anything which he is permitted to do by regulations under this section; and the prohibition contained in that section on a person holding himself out as practising or being prepared to practise dentistry shall not apply to a person for the time being permitted by regulations under this section to practise dentistry of any particular kind.
(9)The Council shall not make any regulations under this section unless a draft of those regulations, which has been approved by the Privy Council, has been laid before and approved by a resolution of each House of Parliament.
Subordinate Legislation Made
P1S. 45: power previously exercised by S.I. 1985/1850, 1986/887.
P2S. 45(1)(2)(3)(7): s. 45(1) (with ss. 45(2)(3)(7) and 46(1)(2)) power exercised by S.I. 1991/1706.
(1)Regulations under section 45 above shall not permit a dental auxiliary of any class to undertake—
(a)the extraction of teeth other than deciduous teeth, or
(b)except in the course of the provision of national health services, the filling of teeth or the extraction of deciduous teeth, or
(c)the fitting, insertion or fixing of dentures or artificial teeth.
(2)Regulations under section 45 above shall be so framed as to secure that dental work amounting the practice of dentistry carried out by a dental auxiliary F24 . . . is carried out under the direction of a registered dentist; and it shall be the duty of the Council to secure, either by provision in the said regulations or otherwise, that, so long as they think it advisable, such work is only carried out after the registered dentist has examined the patient and has indicated to the dental auxiliary the course of treatment to be provided for the patient.
F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Her Majesty may by Order in Council—
(a)provide that subsection (1)(b) above shall cease to have effect in relation to any class of dental auxiliaries specified in the Order;
(b)repeal, in subsection (2) above, the words “in the course of the provision of national health services” and subsection (3) above.
(5)An Order in Council under subsection (4) above shall not be made unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.
Subordinate Legislation Made
P3S. 46: power previously exercised by S.I. 1986/887.
P4S. 46(1)(2): s. 45(1)(with ss. 45(2)(3)(7) and 46(1)(2)) power exercised by S.I. 1991/1706.
P5S. 46(4)(b) power exercised by S.I.1991/1705.
Textual Amendments
F24Words in s. 46(2) repealed by S.I.1991/1705, art. 2(a).
F25S. 46(3) repealed by S.I. 1991/1705, art.2(b)
Modifications etc. (not altering text)
C2S. 46(1)(b) amended (23.5.2002) by S.I. 2002/1399, art. 2
(1)Regulations under section 45 above may authorise members of a class of dental auxiliaries established by the regulations to use a title indicating their membership; and any person who wilfully uses that title when he is not authorised under the regulations to use that title shall be liable, on summary conviction, to a fine not exceeding the third level on the standard scale.
(2)Any member of a class of dental auxiliaries who uses any title or description reasonably calculated to suggest that he possesses any status or qualification connected with dentistry other than a status or qualification which he in fact possesses and which is indicted by particulars entered in the roll or record of the class in respect of him shall be liable, on summary conviction, to a fine not exceeding the third level on the standard scale.
(3)Where in the case of any class of dental auxiliaries regulations under section 45 above do not provide for a roll or record of the class in which particulars of status and qualifications may be entered, subsection (2) above shall have effect as if the words “and which is indicated by particulars entered in the roll or record of the class in respect of him” were omitted.
(1)The Council shall refer to the Dental Auxiliaries Committee (“the Committee”) all matters connected with ancillary dental services.
(2)Regulations under section 45 above provide for entrusting to the Committee the duty of enforcing standards of conduct among dental auxiliaries and for enabling the Committee to withdraw from a person not conforming to those standards the right to undertake dental work as a dental auxiliary of all or any classes.
(3)In relation to any decision of the Committee under regulations made by virtue of subsection (2) above that a person’s name shall be erased from a roll or record establised pursuant to section 45(2) above, sections 29 and 30(1) and (2) above shall, with the necessary modifications, apply as they apply in relation to a determination of the Professional Conduct Committee that a person’s name shall be erased from the register.
(4)References to the Committee in subsection (3) above include references to a sub-committee of the Committee.
(1)If Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland agree to terminate the Agreement with respect to the registration and control of dentists set out in Part II of the Schedule to the M7Medical and Dentists Acts Amendment Act 1927, Her Majesty may by Order in Council—
(a)effect such repeals in that Act and this Act, and
(b)make such modifications of this Act,
as appear to Her to be necessary or expedient in consequence of, or in connection with, the termination of the said Agreement.
(2)An Order in Council under this section may—
(a)appoint different days for different repeals or modifications to take effect under the Order; and
(b)contain such transitional and saving provisions as appear to Her Majesty to be necessary or expedient.
(3)An Order in Council under this section which repeals any provision by virtue of which a university or other body in the Republic of Ireland is a dental authority shall include provision preserving the right to registration or continued registration in the register of persons who, immediately before the coming into force of the Order, are entitled to be or are registered under section 15(1)(a) above in virtue of a qualification awarded by that university or body.
(4)An Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Marginal Citations
(1)For the purposes of any relevant proceedings before the Professional Conduct Committee or the Dental Auxiliaries Committee in England and Wales or Northern Ireland, the Committee may adminster oaths, and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.
(2)Section 36 of the M8Supreme Court Act 1981 and section 67 of the M9Judicature (Northern Ireland) Act 1978 (subpoena issued by High Court to run throughout United Kingdom) shall apply in relation to any such proceedings in England and Wales and in Northern Ireland respectively as they apply in relation to causes or matters in the High Court.
(3)For the purposes of any relevant proceedings before the Professional Conduct Committee or the Dental Auxiliaries Committee in Scotland, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that Court—
(a)to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;
(b)to grant warrant for the recovery of documents; and
(c)to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.
(4)In this section “relevant proceedings”—
(a)in relation to the Professional Conduct Committee, means proceedings relating either to the restoration of a person’s name to the register or to the withdrawal from a body corporate of the right to carry on the business of dentistry, and
(b)in relation to the Dental Auxiliaries Committee, means proceedings under regulations made by virtue of section 48(2) above and relating to the erasure of a person’s name from any roll or record established pursuant to section 45(2) above;
and references to the Dental Auxiliaries Committee include a sub-committee of that Committee.
(5)In relation to any relevant proceedings before the Professional Conduct Committee or the Dental Auxiliaries Committee, “party” means, unless the context otherwise requires—
(a)in a case relating to the restoration of a person’s name to the register, that person,
(b)in a case relating to the withdrawal from a body corporate of a right to carry on the business of dentistry, that body corporate and any director of that body corporate,
(c)in a case relating to the erasure of a person’s name from a roll or record, that person, and
(d)in any case, any person on whose complaint the proceedings are brought or any solicitor appointed by the Council to represent them at the proceedings.
The powers conferred by this Act on the Privy council (other than those conferred on the Judicial Committee in relation to the hearing of appeals) shall be exercisable by any two or more members of the Privy Council.
(1)The M10Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made by the Council under this Act in like manner as if the regulations had been made by a Minister of the Crown.
(2)Prima facie evidence of any document issued by the Council may be given in all legal proceedings by the production of a copy or extract purporting to be certified to be a true copy or extract by the registrar or some other officer of the Council authorised to give a certificate for the purposes of this subsection.
(3)No proof shall be required of the handwriting or official position or authority of any person certifying in pursuance of this section to the truth of any copy of, or extract from, any regulations or other document.
Marginal Citations
(1)In this Act—
“the Council” means the General Dental Council;
“dental authority” shall be construed in accordance with section 3(4) above;
“diploma” means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place (whether within or without Her Majesty’s dominions);
[F26“the EEA Agreement” and “EEA State” have the meanings given by section 15(7) above;]
“recognised overseas diploma” has the meaning given by section 15(2) above.
“the register” means the dentists register;
“registered dentist” means (subject to section 17(4) above) a person for the time being registered in the register;
“the registrar” means the person for the time being appointed under section 14(3) above;
[F27“visiting EEA practitioner entered in the list of such practitioners” means a person entered in the list of EEA practitioners under Schedule 4 to this Act]
(2)In this Act references to the practice of dentistry shall be construed in accordance with section 37 above, and references to carrying on the business of dentistry shall be construed in accordance with section 40 above.
(3)References in this Act to the provision of national health services are references to the provision of—
(a)services under sections 2, 3 and 5(1)(a) of and Schedule 1 to the M11National Health Service Act 1977 or sections 36, 38 or 39 of the M12National Health Service (Scotland) Act 1978 or Article 5, 8 or 9 of the M13Health and Personal Social Services (Northern Ireland) Order 1972; and
(b)services at health centres provided under the said sections 2, 3 or 36 or the said Article 5.
F28(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Definition in s. 53(1) inserted (1.7.1996) by S.I. 1996/1496, reg. 6(4)(a)
F27Definition in s. 53(1) substituted (1.7.1996) by S.I. 1996/1496, reg. 6(4)(b)
F28S. 53(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.
Marginal Citations
(1)The enactments mentioned in Schedule 5 to this Act shall have effect subject to the consequential amendments specified in that Schedule.
(2)The enactments mentioned in Part I of Schedule 6 to this Act are hereby repealed to the extent specified in the third column.
(3)The instruments mentioned in Part II of that Schedule are hereby revoked to the extent specified in the third column.
(1)Subject to subsections (2) and (3) below, the foregoing provisions of this Act shall come into force on 1st October 1984; and references to the commencement of this Act shall be construed as references to the beginning of that day.
(2)The following provisions of this Act, namely—
(a)section 49, and
(b)section 54(2) and Part I of Schedule 6 so far as they repeal section 29 of the M14Dentists Act 1983,
shall come into force at the end of the period of one month beginning with the day on which this Act is passed.
(3)The following provisions of this Act, namely—
(a)sections 2(4) and (5), 28 and 31, paragraph 8(2) of Schedule 1, and paragraphs 3, 6 and 9(3) of Schedule 3, and
(b)sections 29, 30 and 33 and any provisions of Schedule 3 not mentioned in paragraph (a) above, so far as those sections and provisions relate to proceedings before the Health Committee or to any direction or order given or made by that Committee,
shall come into force on such day as Her Majesty may by Order in Council appoint, and different days may be appointed for, or for different purposes of, different provisions.
(4)The transitional and saving provisions contained in Schedule 7 to this Act shall have effect (but without prejudice to sections 16 and 17 of the M15Interpretation Act 1978, which relate to repeals); and Her Majesty may by Order in Council provide for such further transitional and saving provisions to have effect in connection with the coming into force under subsection (3) above of any provision of this Act as appear to Her Majesty to be necessary or expedient.
(5)Her Majesty may by Order in Council, in connection with the coming into force under subsection (1) above of any provision of this Act in so far as it reproduces the effect of any provision of the M16Dentists Act 1983 specified in subsection (2) of section 34 of that Act, make provision corresponding to that which could have been made under subsection (4) of that section in connection with the coming into force under that section of the provision so specified.
Modifications etc. (not altering text)
C3S. 55(3) : power of appointment conferred by section 55(3) fully exercised: 1.1.1985 appointed by S.I. 1984/1815
Marginal Citations
(1)This Act may be cited as the Dentists Act 1984.
(2)This Act extends to Northern Ireland.