SCHEDULES

F1SCHEDULE 4ZADIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER SECTION 36ZA(3)

Section 36ZA

Annotations:
Amendments (Textual)
F9

Words in Sch. 4ZA substituted (25.5.2018) by the Data Protection Act 2018 (c. 12), Sch. 19 para. 32(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F10

Words in Sch. 4ZA substituted (25.5.2018) by the Data Protection Act 2018 (c. 12), Sch. 19 para. 32(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Provision of Directive

Function of Council

F3Article 4f

Considering applications for partial access to the dental professions under regulations 10 and 11 of the General Systems Regulations.

Article 7(2)(b)

Issuing certificates containing attestations in relation to persons established as dentists in the United Kingdom.

Article 8(1)

F4In the event of justified doubts, receiving information from, or providing information to, other competent authorities in relation to—

(a)

the legality of a person’s establishment as a dentist;

(b)

the good conduct of such a person;

(c)

the absence of any disciplinary or criminal sanctions of a professional nature against such a person.

F5Receiving information from, or providing information to, other competent authorities in relation to a person’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health and safety.

Article 8(2)

Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing dental services.

Article 23(1)

Issuing certificates of effective and lawful practice in the United Kingdom to dentists.

Article 23(6)

Issuing certificates stating that UK dental qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.2 of Annex V to the Directive, certify successful completion of basic dental training that is in accordance with article 34 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 34 of the Directive.

Article 50(1) and paragraph 1(d) of Annex VII

Issuing, in respect of the practice of dentistry, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.

Article 50(1) and paragraph 2 of Annex VII

Issuing certificates stating that evidence of UK dental qualifications is that covered by the Directive.

Article 50(2)

In cases of justified doubts—

(a)

requiring confirmation of the authenticity of non-UK dental qualifications;

(b)

requiring confirmation that holders of non-UK dental qualifications satisfy the minimum training conditions set out in article 34 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions;

(c)

providing confirmation to competent authorities of other relevant European States of the authenticity of any person’s UK dental qualifications;

(d)

providing confirmation that holders of UK dental qualifications satisfy the minimum training conditions set out in article 34 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions.

Article 50(3)

In cases of justified doubts—

(a)

verifying information provided in connection with non-UK dental qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;

(b)

providing information in connection with a person’s UK dental qualifications awarded following training in another relevant European State.

F6Article 50(3a)

In the event of justified doubts, seeking confirmation from, or providing confirmation to, other competent authorities of the fact that the applicant is not suspended or prohibited from the pursuit of the dental professions as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant’s professional activities.

F6Article 50(3b)

Ensuring that the exchange of information under article 50 of the Directive with other competent authorities takes place through the IMI.

F2Article 53

Ensuring that any language controls imposed on dentists or dental care professionals are compliant with article 53 of the Directive.

Article 56(1)

Ensuring the confidentiality of information exchanged with other competent authorities.

Article 56(2)

Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of dentistry.

Where such information is received by the Council—

(a)

examining the veracity of the circumstances;

(b)

deciding the nature and scope of any investigations that need to be carried out;

(c)

informing other competent authorities of the Council’s conclusions.

F7Ensuring that the processing of personal data for the purposes of the exchange of information in accordance with article 56(2) of the Directive is carried out in accordance with F9the GDPR and Directive 2002/58/EC and through the IMI.

F8Article 56(2a)

Ensuring that the exchange of information carried out in accordance with article 56(2) of the Directive takes place through the IMI.

F8Article 56a (1) and (2)

Informing all other competent authorities, by way of an alert through the IMI, about a dentist or a dental care professional whose professional activities have been prohibited or restricted, even temporarily, within three days from the date of the adoption of the decision; ensuring that the information provided is limited to the information referred to in article 56a(2) of the Directive.

F8Article 56a(3)

Informing all other competent authorities, by way of an alert through the IMI, about the identity of professionals who have applied for registration and who have been subsequently found to have used falsified evidence of professional qualifications, within three days from the date of the finding.

F8Article 56a(4)

Ensuring that the processing of personal data for the purposes of the exchange of information under article 56a(1) and (3) of the Directive is carried out in accordance with F10the GDPR and Directive 2002/58/EC.

F8Article 56a(5)

Informing all other competent authorities through the IMI without delay when—

(a) a prohibition or a restriction referred to in article 56a(1) of the Directive has expired;

(b) there is a change to the prohibition or restriction period notified under article 56a(2) of the Directive.

F8Article 56a(6)

Notifying the practitioner, in respect of whom an alert is sent under article 56a(1) or (3) of the Directive, in writing at the same time as the alert is sent, that the practitioner—

(a) is the subject of an alert sent under article 56a(1) or (3) of the Directive;

(b) has the right to appeal the decision or to apply for rectification of the decision;

(c) has the right to access remedies in respect of any damage caused by false alerts sent to other competent authorities.

Informing competent authorities, where applicable, that an alert is the subject of appeal proceedings by the practitioner.

F8Article 56a(7)

Ensuring that an alert made under article 56a(1) of the Directive is deleted from the IMI within three days of—

(a) the date of adoption of the revoking decision; or

(b) the expiry of the prohibition or restriction referred to in that article.

F8Article 57a(1)

Ensuring that all requirements, procedures and formalities relating to the recognition of qualifications of a dentist or a dental care professional may be easily completed by the applicant remotely and by electronic means.