Part IIIU.K. The Dental Profession

Effect of disqualification in [F1a relevant European] StateU.K.

Textual Amendments

35 Effect on registration of disqualification in [F2a relevant European] State.U.K.

(1)A person who is subject to a disqualifying decision in [F3a relevant European State] in which he is or has been established in dental practice shall not be entitled to be registered under section [F415(1)(c) in reliance on a relevant European diploma] above.

(2)A disqualifying decision in [F5a relevant European 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 [F6or on grounds related to his professional conduct, professional performance or physical or mental health], 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 [F7(whether on a permanent or temporary basis)] from practising there.

(3)If a person [F8 has been registered under section 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before IP completion day, when he was] 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.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(5)Where on or after the date on which a person was registered by virtue of section [F1115(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before IP completion day,] a disqualifying decision relating to him comes into force, this Part shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.]

Textual Amendments

F6Words in s. 35(2)(a) substituted (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. 28(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F9S. 35(4) omitted (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 virtue of The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 28(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F10S. 35(5) substituted (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. 28(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)