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Part IIIU.K. The Dental Profession

Professional conduct and fitness to practiseU.K.

30 Time when determinations and directions normally take effect and orders for immediate suspension.U.K.

(1)Where no appeal is brought against any determination or direction under section 27 or 28 above within the period mentioned in section 29(1) above, the determination or direction shall take effect at the expiry of that period.

(2)Where an appeal is so brought against any such determination or direction, then (subject to section 31(2) below) the determination or direction shall not take effect until such time as the appeal is dismissed or withdrawn or is struck out for want of prosecution.

(3)If—

(a)the Professional Conduct Committee on making any determination in respect of a person under section 27 above, or

(b)the Health Committee on giving a direction for suspension in respect of a person under section 28(1) or (2) above,

are satisfied that it is necessary for the protection of members of the public, or that it would be in the best interests of that person, to do so, they may order that his registration in the register shall be suspended forthwith; and in that event his registration in the register shall be suspended by virtue of this subsection from the time when the order is made until the time when the period for bringing an appeal against the said determination or direction under section 29 above expires or, if such an appeal is brought, the appeal is determined or withdrawn or is struck out for want of prosecution.

(4)Where the Professional Conduct Committee or the Health Committee make an order under subsection (3) above the registrar shall forthwith serve on the person to whom it applies a notification of the order and of his right to make an application under subsection (6) below.

(5)If when an order is made under subsection (3) above the person to whom it applies is neither present nor represented at the proceedings, that subsection shall have effect as if, for the reference to the time when the order is made, there were substituted a reference to the time when notification of the order is served under subsection (4) above.

(6)A person whose registration in the register has been suspended under subsection (3) above may apply to the court for an order terminating the suspension, and the decision of the court on any such application shall be final.

(7)In subsection (6) above “the court”—

(a)in the case of a person whose address in the register is in Scotland, means the Court of Session;

(b)in the case of a person whose address in the register is in Northern Ireland, means the High Court in Northern Ireland; and

(c)in the case of any other person, means the High Court in England and Wales.