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Part IIIU.K. The Dental Profession

[F1Professional training and development requirementsU.K.

Textual Amendments

F1Ss. 34A, 34B and preceding cross-heading inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 8

[F234A Professional training and development requirementsU.K.

(1)Rules shall require registered dentists to undertake such professional training and development as may be specified in the rules.

(2)If it appears to the registrar that a person has failed to comply with the requirements of rules made under subsection (1), the registrar may erase the person’s name from the register.

(3)Where a person’s name has been erased from the register under subsection (2), 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.

(4)Rules shall specify the procedures to be followed before the registrar—

(a)may erase a person’s name from the register under subsection (2); or

(b)may make a decision whether or not to restore a person’s name to the register under subsection (3).

(5)Where, in the course of proceedings under this Part, it appears to the Investigating Committee, a Practice Committee or the Interim Orders Committee that a person to whose registration the proceedings relate may be failing to meet the requirements of rules made under subsection (1), that Committee may refer the question of whether he is failing to meet them to the registrar.]

Textual Amendments

F2S. 34A 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. 27 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F334AA.Limits on section 34A as respects visiting dentists from relevant European StatesU.K.

(1)Subsections (1) and (2) of section 34A, so far as relating to a person (“P”) who is a registered dentist only as a result of being in the list mentioned in section 14(1A)(c), have effect subject to, respectively, subsections (2) and (3) of this section.

(2)Rules made under section 34A(1)—

(a)may not impose requirements on P if P is required to undertake, in P’s home State, professional training and development in relation to the profession of dentistry; and

(b)where they impose requirements on P—

(i)shall take account of the fact that P is a fully qualified dentist in P’s home State, and

(ii)shall specify that professional training and development which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(3)The registrar’s power under section 34A(2) is exercisable in relation to P only if it also appears to the registrar that, in the circumstances of the case, erasure from the register is an appropriate and proportionate sanction in view of P’s continued lawful establishment in dental practice in P’s home State.

(4)In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established in dental practice.]

[F434B Restoration of name to the register: professional training and developmentU.K.

(1)Rules shall specify the requirements as to professional training and development to be met by a person who seeks the restoration of his name to the register following its erasure under any provision of this Part.

(2)Rules under this section must not require a person to do anything which amounts to the practice of dentistry.]]

Textual Amendments

F4S. 34B 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. 27 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)