Dentists Act 1984

Sections 1 and 2.

SCHEDULE 1 U.K. The Council and Committees of the Council: Supplementary Provisions

Part I U.K. The Council

[F1 Constitution U.K.

Textual Amendments

F1 Sch. 1 Pt. I paras. 1-4 and cross-headings substituted (coming into force in accordance with art. 1(2) of the amending S.I.) for Sch. 1 Pt. I paras. 1-5 and cross-headings by S.I. 2001/3926, art. 4

[F2 1 (1) The Council shall consist of— U.K.

(a) members who are registered dentists;

[F3 (b) members who are registered dental care professionals; and]

(c) lay members.

(2) An [F4 order of the Privy Council] made under section 1(2A) of this Act shall provide for the numbers of each of the three categories of member mentioned in sub-paragraph (1) above.

(3) The number of members falling within sub-paragraph (1)(a) shall exceed the combined number of members falling within sub-paragraphs (1)(b) and (1)(c).

(4) A person shall not be disqualified from being appointed or elected as a member of the Council merely because he has already been a member.

(5) In this paragraph and [F5 paragraph 2] , “lay member” means a member who is neither a registered dentist nor a [F6 registered dental care professional].]

Textual Amendments

F2 Sch. 1 paras. 1A, 1B substituted for Sch. 1 para. 1 (13.5.2009 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13 (with arts. 9, 10)

F3 Sch. 1 para. 1(1)(b) 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. 47(2)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F4 Words in Sch. 1 para. 1(2) 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. 47(2)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F5 Words in Sch. 1 para. 1(5) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 27(2); S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

F6 Words in Sch. 1 para. 1(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. 47(2)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[F2 1A. (1) The Council shall consist of— U.K.

(a) registrant members, that is members who are registered dentists or registered dental care professionals; and

(b) lay members, that is members who—

(i) are not and never have been registered dentists or registered dental care professionals, and

(ii) do not hold qualifications which would entitle them to apply for registration as a registered dentist or registered dental care professional.

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

(4) Before the Privy Council directs the Appointments Commission under section 60(1) of the Health Act 2006 to exercise any function of the Privy Council relating to the appointment of members of the Council, the Privy Council shall consult the Council.]

Textual Amendments

F2 Sch. 1 paras. 1A, 1B substituted for Sch. 1 para. 1 (13.5.2009 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13 (with arts. 9, 10)

[F2 Matters for the order of the Privy Council under section 1(2A) U.K.

1B. (1) An order under section 1(2A) shall include provision with regard to— U.K.

(a) the numbers of registrant members and lay members of the Council;

(b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under section 1(2A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under section 1(2A) may include provision with regard to—

(a) the maximum period for which a member of the Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the Council at meetings of the Council; and

(e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member.

(4) An order under section 1(2A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.]

Lay members U.K.

2 [F7 (1) An [F8 order of the Privy Council] made under section 1(2A) of this Act shall make provision for— U.K.

(a) the appointment of lay members to the Council,

(b) the tenure and termination of office of the lay members, and

(c) any other matter which appears to [F9 the Privy Council] to be necessary or expedient in relation to the lay membership of the Council.

[F10 (2) The lay members shall be appointed by the Privy Council.

(3) The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.

(4) A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.]]

Textual Amendments

F7 Sch. 1 para. 2 omitted (13.5.2009 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(3) (with arts. 9, 10)

F8 Words in Sch. 1 para. 2(1) 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. 47(3)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F9 Words in Sch. 1 para. 2(1)(c) 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. 47(3)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F10 Sch. 1 para. 2(2)-(4) substituted for Sch. 1 para. 2(2)(3) (19.10.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 12 para. 3(3); S.I. 2004/2626, art. 2

F11 2A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 1 para. 2A repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 27(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

[F12 Members who are registered dentists or registered dental care professionals] U.K.

Textual Amendments

F12 Sch. 1 para. 3 heading 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. 47(4) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

3 [F13 (1) An [F14 order of the Privy Council] made under section 1(2A) of this Act shall, in relation to the members mentioned in paragraphs 1(1)(a) and (b) above, make provision for— U.K.

(a) their tenure and termination of office,

(b) by-elections, and

[F15 (c) any other matter which appears to the Privy Council to be necessary or expedient in relation to the categories of members of the Council mentioned in paragraph 1(1)(a) and (b).]

[F16 (1A) An order under section 1(2A) shall in particular provide that a member who at the time of his election was a registered dentist or registered dental care professional is to be removed from office if he ceases to be registered in the register or (as the case may be) the dental care professionals register.]

(2) Council shall make rules to provide for an election scheme for the election of the members mentioned in paragraph 1(1)(a) and 1(1)(b) above.

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The election scheme must secure that the Council’s membership includes at least one registered dentist from each of England, Scotland, Wales and Northern Ireland.

(5) A registered dentist is “from” England (etc.) if his address in the register is there at the time of his nomination.

F18 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F13 Sch. 1 para. 3 omitted (13.5.2009 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(3) (with arts. 9, 10)

F14 Words in Sch. 1 para. 3(1) 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. 47(5)(a)(i) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F15 Sch. 1 para. 3(1)(c) 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. 47(5)(a)(ii) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F16 Sch. 1 para. 3(1A) 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. 47(5)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F17 Sch. 1 para. 3(3) 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. 47(5)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F18 Sch. 1 para. 3(6) 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. 47(5)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

Council President U.K.

4 [F19 (1) The members of the Council shall elect one of their number to be President of the Council. U.K.

(2) The Council shall make rules providing for the method by which the President is to be elected and for any matters concerning the holding of the office of President that they deem necessary.

(3) Such rules may provide that the only persons eligible to be candidates shall be persons of a description specified in the rules.

(4) No person may be elected as President more than once.

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F19 Sch. 1 para. 4 omitted (13.5.2009 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(3) (with arts. 9, 10)

F20 Sch. 1 para. 4(5) 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. 47(6) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

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General powers of Council U.K.

6 (1) Subject to the following provisions of this Part of this Schedule, the Council shall have power to do any thing which in their opinion is calculated to facilitate the proper discharge of their functions. U.K.

(2) The Council shall, in particular, have power to pay to their members F22 ... such fees and such travelling, subsistence or other allowances as they may determine.

[F23 (2A) The Council shall also have power to pay the members of any of their committees such allowances and expenses as the Council may determine.]

(3) The powers [F24 of the Council and] of any of the Council’s committees may be exercised notwithstanding any vacancy.

(4) No proceedings [F25 of the Council or] of any of the Council’s committees shall be invalidated by any defect in the appointment of a member F26 ....

Textual Amendments

F22 Words in Sch. 1 para. 6(2) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 6(3)(a)

F23 Sch. 1 para. 6(2A) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(2)

F24 Words in Sch. 1 para. 6(3) omitted (13.5.2009 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(4)(a) (with arts. 9, 10)

F25 Words in Sch. 1 para. 6(4) omitted (13.5.2009 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(4)(b) (with arts. 9, 10)

F26 Words in Sch. 1 para. 6(4) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 6(3)(b)

[F27 7 (1) Subject to section 43B(13) and section 44(12), the Council may, after paying their expenses, allocate any of their income to— U.K.

(a) purposes connected with education or research in relation to—

(i) the dental profession, or

(ii) professions complementary to dentistry; or

(b) any other public purpose connected with either or both of those professions.

(2) In sub-paragraph (1), “expenses” includes the payments authorised under this Schedule to be made to members of the Council and their committees and the salaries and remuneration of the Council’s officers.]

Textual Amendments

F27 Sch. 1 para. 7 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. 47(7) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

8 (1) The Council may make rules— U.K.

(a) [F28 for regulating the proceedings (including quorum) of the Council,]

(b) for delegating, subject to the provisions of this Act, to committees, including the committees referred to in [F29 section 2 of this Act], [F30 or to any officer of the Council,] functions of the Council, and

(c) [F31 subject to the provisions of this Act and in particular sub-paragraph (1A),] for appointing the members and regulating the proceedings (including quorum) of any committees, including the committees referred to in [F29 section 2 of this Act] and any sub-committees.

[F32 (1A) The power conferred by sub-paragraph (1)(c) does not include power to make any rules regulating the proceedings of the committees referred to in section 2 of this Act, in so far as the power to make such rules is specifically conferred by Schedule 3 or 4B to this Act.]

[F33 (1B) Rules made under sub-paragraph (1)(c) may make provision for a body (including a committee of the Council which is not one of the committees referred to in section 2) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Council’s committees.

(1C) Rules made under sub-paragraph (1)(c) by virtue of sub-paragraph (1B) may authorise a body—

(a) to appoint committee members on behalf of the Council; or

(b) to perform any function relating to tenure of office or suspension or removal from office.]

F34 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35 (2A) Some or all of the members of committees of the Council may be persons who are not members of the Council.]

F34 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this paragraph shall authorise the Council to delegate any power of making rules or regulations under any other provision of this Act.

Textual Amendments

F28 Sch. 1 para. 8(1)(a) omitted (13.5.2009 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(5)(a) (with arts. 9, 10)

F29 Words in Sch. 1 para. 8(1)(b)(c) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(1)(4)(a)

F30 Words in Sch. 1 para. 8(1)(b) 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. 47(8)(a) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F31 Words in Sch. 1 para. 8(1)(c) 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. 47(8)(b) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F32 Sch. 1 para. 8(1A) 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. 47(8)(c) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F33 Sch. 1 para. 8(1B)(1C) inserted (13.5.2009 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(5)(b) (with arts. 9, 10)

F34 Sch. 1 para. 8(2)(3) 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. 47(8)(d) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F35 Sch. 1 para. 8(2A) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 7(1)(4)(c)

[F36 8A. (1) Subject to any provision made by this Act or by rules under this Act, the Council may regulate its procedures and the procedures of its committees and sub-committees, other than the committees referred to in section 2, by standing orders. U.K.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2A).

(3) Subject to any provision made by this Act, by rules under this Act or by standing orders made by virtue of sub-paragraph (1), each committee and sub-committee of the Council may regulate its own procedures.]

Textual Amendments

F36 Sch. 1 para. 8A inserted (13.5.2009 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(3)(9), Sch. 1 para. 13(6) (with arts. 9, 10)

F37 Part II U.K.

Textual Amendments

F37 Sch. 1 Pt. II (paras. 9-12) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of S.I. 2001/3926, art. 7(5)

The Education Committee U.K.

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The Preliminary Proceedings Committee U.K.

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The Professional Conduct Committee U.K.

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The Dental Auxiliaries Committee U.K.

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