Part IIIU.K. The Dental Profession

Procedure for registrationU.K.

18 Procedure for registration.U.K.

(1)[F1Subject to subsection (3) below, any right to registration under section 15 above] [F2in the register] shall be conditional on the making of an application supported by such evidence as is required by subsection (2) below.

[F3(2)Any person applying to be registered [F4in the register] 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 [F5registration.]

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F7(2A)An exempt person (“A”) applying to be registered in the register shall (in addition to the document and statement mentioned in subsection (2)) produce or send to the registrar—

(a)if A is applying to be registered in exercise of entitlement under section 15(1)(b), (ba) or (c) and is a national of a relevant European State, proof of A’s nationality;

(b)if A is applying to be registered in exercise of entitlement under section 15(1)(b), (ba) or (c) and is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person;

(c)if A—

(i)is applying to be registered in exercise of entitlement under section 15(1)(b),

(ii)holds a diploma listed in Annex V, point 5.3.2 of the Directive (evidence of basic formal qualifications of dental practitioners), and

(iii)has successfully completed dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training),

a certificate as mentioned in subsection (2B).

(2B)The certificate—

(a)must be a certificate issued by a competent authority in A’s attesting State (as defined by section 15(4BD)); and

(b)must certify that the document produced or sent by A under subsection (2)(a) is a diploma listed in relation to that State in Annex V, point 5.3.2 of the Directive.]

(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 [F8in the register] those persons.

Textual Amendments

F2Words in s. 18(1) 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. 7(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F3S. 18(2) substituted (1.7.1996) by S.I. 1996/1496, reg. 2(4)

F4Words in s. 18(2) 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. 7(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F8Words in s. 18(3) 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. 7(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

19 Regulations with respect to the register.U.K.

(1)[F9Subject to subsection (1A), 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.

[F10(1A)Regulations under this section shall not prescribe fees in respect of registration in the list mentioned in section 14(1A)(c).]

[F11(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).

(2A)Where a person’s name has been erased by virtue of regulations under this section, that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of—

(a)section 15(3)(a) to (c);

(b)section 26A; and

(c)any rules made under section 34B which apply to his case.

(2B)Where the registrar refuses to restore a person’s name to the register under subsection (2A), the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it.]

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11S. 19(2)-(2B) substituted for s. 19(2) (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. 8(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F12S. 19(3)(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. 8(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F1320 Selection of proper abbreviations of overseas diplomas.U.K.

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

Textual Amendments

F13S. 20 repealed (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. 9 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F1421 Notification of reasons for refusal of application for registration etc.U.K.

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

Textual Amendments

F14S. 21 repealed (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. 9 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F1521ANotification of results of applicationU.K.

(1)This section applies where a person (“A”) makes an application to be registered in the register in exercise of entitlement under section 15.

(2)The registrar, within the period of one month beginning with the date of receipt of the application, must—

(a)acknowledge receipt of the application; and

(b)inform A of any missing document required for the purposes of the application.

(3)The registrar must notify A of the result of the application—

(a)in the case of an application for registration in exercise of entitlement under section 15(1)(a), (b) or (c), within the period of three months beginning with the relevant date;

(b)in the case of an application for registration in exercise of entitlement under section 15(1)(ba), within the period of four months beginning with the relevant date.

(4)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.]

Textual Amendments