Dentists Act 1984

[F1Education and registrationU.K.

Textual Amendments

F1Pt. 3A inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 29 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

36B.The dental care professionals registerU.K.

(1)There shall be a register of members of professions complementary to dentistry to be known as the dental care professionals register.

(2)The dental care professionals register shall be kept by the registrar.

(3)Subsections (4) and (5) of section 14 apply to the register established under this section, and to the registrar’s duties as keeper of that register, as they apply to the dentists register and to the registrar’s duties in respect of the dentists register.

(4)Rules may make provision relating to the form of the dental care professionals register and the manner in which it is to be kept.

(5)A person may not be registered in the dental care professionals register except under one or more of the titles specified in regulations under section 36A(2).

(6)A certificate purporting to be signed by the registrar, certifying that a person—

(a)is registered in the dental care professionals register under a particular title,

(b)is not registered in that register under a particular title,

(c)was registered in that register under a particular title at a specified date or during a specified period,

(d)was not registered in that register under a particular title at a specified date or during a specified period, or

(e)has never been registered in that register under a particular title,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.

36C.Qualifications for registrationU.K.

(1)Subject to the provisions of this Act, a person shall be entitled to be registered under a particular title in the dental care professionals register if he satisfies the registrar—

(a)in a case where the title concerned is that of dental hygienist or dental therapist—

(i)of matter A, B or C, and

(ii)of matter D; and

(b)in any other case—

(i)of matter A or C, and

(ii)of matter D.

(2)Matter A is that the person holds a qualification or qualifications approved by the Council under section 36D(2) in relation to the profession, or class of members of a profession, to which the title applies.

(3)Matter B is that the person—

(a)either—

(i)is a national of an EEA State, or

(ii)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 a profession complementary to dentistry, no less favourably than a national of such a State; and

(b)has a right to practise in the United Kingdom as a dental hygienist or dental therapist (as the case may be) by virtue of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 (S.I.2002/2934).

(4)Matter C is that the person—

(a)holds a qualification or qualifications granted by an institution or institutions outside the United Kingdom relevant to the profession complementary to dentistry, or class of members of such a profession, to which the title applies (in this section referred to as “relevant qualifications”);

(b)has satisfied the Council that he has the requisite knowledge and skill to practise as a member of the profession or class to which the title applies; and

(c)has the knowledge of English which, in the interests of himself and his patients, is necessary for practising in the United Kingdom as a member of the profession or class to which the title applies.

(5)For the purpose of establishing whether a person has the requisite knowledge and skill for the purposes of subsection (4)(b), the Council

(a)in all cases—

(i)shall take into account all that person’s relevant qualifications, and all relevant knowledge or experience, wherever acquired, and

(ii)may determine that a person must perform to the satisfaction of the Council in any test or assessment specified in the determination; and

(b)in the case of a national of an EEA State (or a person within subsection (3)(a)(ii)) who holds a relevant qualification granted by an institution or institutions outside the EEA which has been accepted by another EEA State as qualifying him to practise in that State as a member of the profession or class to which the title applies, shall take that acceptance into account.

(6)Matter D is—

(a)the person’s identity;

(b)that he is of good character; and

(c)that he is in good health, both physically and mentally.

(7)In this section “national” has the meaning given to it in section 15(2).

36D.Education and training for members of professions complementary to dentistryU.K.

(1)For each regulated profession or class, the Council shall, from time to time—

(a)determine the appropriate standard of proficiency which, in their opinion, is required for a person to practise competently and safely as a member of the profession or class; and

(b)specify the content and standard of the education and training (including practical experience) which, in their opinion, is required for imparting the knowledge and skills necessary for a person to obtain that proficiency.

(2)Where the Council are satisfied that—

(a)a qualification granted by an institution in the United Kingdom is evidence of having reached the standard of proficiency for a regulated profession or class determined under subsection (1),

(b)a qualification which such an institution proposes to grant will be such evidence, or

(c)two or more qualifications granted or to be granted as mentioned in paragraph (a) or (b), taken together, are or will be such evidence,

the Council may approve that qualification or those qualifications in relation to that regulated profession or class.

(3)The matters determined or specified under subsection (1), and the qualifications approved under subsection (2), shall be published by the Council from time to time in such form as appears to them to be appropriate.

(4)The Council shall ensure that establishments providing or overseeing courses of education or training for persons who seek registration under a title in the dental care professionals register are notified of—

(a)the matters for the time being determined or specified under subsection (1); and

(b)the qualifications for the time being approved under subsection (2).

(5)Rules shall make provision for the withdrawal of approval given under subsection (2) in such circumstances as may be specified in the rules.

(6)Rules may make provision for the appointment by the Council of persons to visit establishments which provide or oversee, or seek to provide or oversee, courses of education or training for persons referred to in subsection (4), for the purposes of advising and reporting back to the Council upon matters connected with such courses, including—

(a)the sufficiency of instruction provided or overseen by, or to be provided or overseen by, those establishments;

(b)the suitability of a particular qualification for approval under subsection (2); and

(c)whether approval of a particular qualification ought to be withdrawn under rules under subsection (5).

(7)Rules may make provision—

(a)for the appointment by the Council of persons to attend examinations (or other forms of assessment) taken by persons attempting to obtain qualifications approved under subsection (2); and

(b)for persons appointed under paragraph (a) to report back to the Council on their findings.

(8)In this section “regulated profession or class” means a profession complementary to dentistry, or class of members of such a profession, specified in regulations under section 36A(2).]