Dentists Act 1984

[F1 Erasures and alterations in the dental care professionals register U.K.

Textual Amendments

F1 Pt. 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)

36H. Erasure of names of deceased persons and of those who have ceased to practise U.K.

(1) The registrar shall erase the name of a deceased person from registration under all titles under which that person is registered in the dental care professionals register; and on registering the death of a registered dental care professional, a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

(2) Where a person is registered in the dental care professionals register under a title applying to a particular profession, or class of members of a profession, and has ceased to practise as a member of that profession or class, the registrar may, with that person’s consent, erase his name from registration in that register under that title.

(3) The registrar may send by post to a registered dental care professional a notice inquiring whether he has ceased to practise as a member of a particular profession complementary to dentistry, or class of members of such a profession, or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, the registrar may erase that person’s name from registration under all titles under which that person is registered in the dental care professionals register.

(4) Where, under subsection (2) or (3) or at a person’s request, a person’s name has been erased from registration under a particular title, that name shall be restored to the dental care professionals register under that title on that person’s application if the conditions specified in subsection (5) are met.

(5) The conditions referred to in subsection (4) are that—

(a) the original entry of the person’s name in the dental care professionals register under the title in question was not incorrectly made or fraudulently procured;

(b) the person satisfies the registrar of Matter D within the meaning of section 36C; and

(c) the person also satisfies the registrar that he meets the requirements of—

(i) section 36L, and

(ii) any rules made under section 36Z2 which apply to his case.

36I. Erasure on grounds of fraud or error U.K.

(1) If the registrar is satisfied that any entry in the dental care professionals register has been incorrectly made, he shall erase that entry from that register.

(2) If the registrar has reason to believe that any entry in the dental care professionals register has been fraudulently procured, he shall refer the matter to the Professional Conduct Committee to determine the question of whether that entry has been fraudulently procured.

(3) If the Professional Conduct Committee determine that the entry in the dental care professionals register has been fraudulently procured, they may direct that the name of the person to whom the entry relates shall be erased from registration under all titles under which he is registered in that register.

(4) Where a person’s name has been erased from registration under a particular title under subsection (3), that person may apply to the Council for his name to be restored to that register under that title.

(5) The Council shall refer an application under subsection (4) to the Professional Conduct Committee.

(6) The Professional Conduct Committee shall determine an application referred under subsection (5) and may decide—

(a) that the person’s name is to be restored to the dental care professionals register under the title in question;

(b) that the person’s name is not to be restored to that register under the title in question; or

(c) that the person’s name is not to be restored to that register under the title in question until the end of such period as the Professional Conduct Committee shall specify.

(7) If the Professional Conduct Committee give a direction under subsection (3) or a decision under subsection (6), the registrar shall forthwith serve on the person concerned notification of the direction or decision and (except in the case of a decision under subsection (6)(a)) of his right to appeal against it under section 36S.]