F1PART 3AProfessions Complementary to Dentistry

Annotations:
Amendments (Textual)
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)

Procedure for registration

36ERules relating to the dental care professionals register

F151

Rules may make provision relating to—

a

the form of an application by a person seeking registration under a title F2in F11... the dental care professionals register;

b

the manner in which an application under paragraph (a) is to be made;

c

the evidence and information which an applicant must supply in support of an application under paragraph (a) F10(other than evidence and information falling within section 36CA(1));

d

the details which must be entered in the dental care professionals register; and

e

the procedure for the making, alteration and deletion of entries in that register.

F162

Subsection (1) is subject to section 36EA.

36EAF14Applications by specified state professionals under section 36C

1

Where a person applies for registration under section 36C in reliance on a specified state qualification or qualifications, the registrar must—

a

within the period of one month beginning with the date of receipt of the application—

i

acknowledge receipt of the application; and

ii

inform the applicant of any missing document required for the purposes of the application;

b

give the applicant adequate time to complete the requirements and procedures of the application process;

c

ensure that the evidence and information which the applicant must supply in support of the application is no more than is necessary to demonstrate to the registrar that the applicant satisfies the requirements for registration;

d

accept certified copies of documents in place of original documents, unless the Council require original documents to protect the integrity of the application process; and

e

deal promptly with the application and notify the applicant of the result of the application within the period of four months beginning with the relevant date.

2

For the purposes of subsection (1)(d), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

3

In subsection (1)(e), “the relevant date”, in relation to an application, is—

a

the date when the registrar receives the application, or

b

if any document required for the purposes of the application is missing when the registrar receives the application, the date on which the registrar first has all the documents required for those purposes.

4

If the registrar makes a request for further evidence, information or documents from the applicant, the period beginning with the date on which the registrar makes that request and ending with the date on which the applicant complies with that request is to be disregarded in determining whether the period of four months referred to in subsection (1)(e) has expired.

5

If the registrar imposes a requirement on the applicant under section 36CA(6), the period beginning with the date on which the registrar imposes that requirement and ending with the date on which the applicant satisfies that requirement is to be disregarded in determining whether that period of four months has expired.

6

A document which is requested or required under section 36CA(4) or (6)(b) is not to be treated as missing for the purposes of this section.

36FFees

1

F3F12The Council may by regulations—

a

prescribe a fee F4...—

i

F5to be charged on the entry of a person’s name in the dental care professionals register under a title (including a name already registered in that register under another title or titles) F6or to be charged otherwise in connection with an application for registration,

ii

F7to be charged on the restoration of a person’s name to that register under a title (including a name already registered in that register under another title or titles), or

iii

F8to be charged on the entry in that register of additional qualifications held by a registered dental care professional;

b

prescribe a fee to be charged in respect of the retention of a person’s name under a title or titles in the dental care professionals register for each period of twelve months;

c

provide for the payment by instalments of a fee prescribed by regulations under paragraph (b);

d

authorise the registrar (notwithstanding anything in this Act) to refuse to make F9any entry in the dental care professionals register or take any other action in connection with an application for registration in that register or restore any entry to that register until a fee prescribed by regulations under this section has been paid.

F171ZA

If regulations under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration in reliance on a specified state qualification or qualifications, the fee must be—

a

reasonable and proportionate to the cost of dealing with such a person’s application;

b

transparent, and made public in advance; and

c

payable by electronic means through the Council’s own website.

F131A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The Council may by regulations provide that where a person, after such notices and warnings as may be provided for in the regulations, fails to pay a fee prescribed by regulations under subsection (1)(b), 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.

3

Where a person’s name has been erased from registration under a particular title by virtue of regulations under subsection (2), that name shall be restored to the dental care professionals register under that title on that person’s application if he satisfies the registrar—

a

of Matter D within the meaning of section 36C; and

b

that he meets the requirements of—

i

section 36L, and

ii

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

4

Where, under subsection (3), the registrar refuses to restore a person’s name to the dental care professionals register under a title, the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it.