Dentists Act 1984

Changes over time for: Section 36C

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Changes to legislation:

Dentists Act 1984, Section 36C is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 27(2)(h)(i) inserted by S.I. 2009/1182 Sch. 1 para. 7 (This effect comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
s. 27(2)(ba) inserted by S.I. 2015/806 art. 17
s. 27A(5)(aa) inserted by S.I. 2015/806 art. 18(3)
s. 27BA inserted by S.I. 2015/806 art. 19
s. 36N(2)(h)(i) inserted by S.I. 2009/1182 Sch. 1 para. 8 (This effect comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
s. 36N(2)(ba) inserted by S.I. 2015/806 art. 24
s. 36O(5)(aa) inserted by S.I. 2015/806 art. 25(3)
s. 36PA inserted by S.I. 2015/806 art. 26

[F136C.Qualifications for registrationU.K.

(1)Subject to the provisions of this Act, a person shall be entitled to be registered under a particular title in the dental care professionals register if he satisfies the registrar—

[F2(a)of matter A or C, and

(b)of matter D.]

(2)Matter A is that the person holds a qualification or qualifications approved by the Council under section 36D(2) in relation to the profession, or class of members of a profession, to which the title applies.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Matter C is that the person—

(a)holds a qualification or qualifications [F4, other than a diploma in dentistry] granted by an institution or institutions outside the United Kingdom relevant to the profession complementary to dentistry, or class of members of such a profession, to which the title applies (in this section referred to as “relevant qualifications”); [F5and]

(b)has satisfied the Council that he has the requisite knowledge and skill to practise as a member of the profession or class to which the title applies [F6(see sections 36CB (requisite knowledge and skill: holders of relevant qualifications) and 36CC (requisite knowledge and skill: recognition of relevant qualifications))]; F7...

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(4A)Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that—

(a)was granted in a relevant European State, and

(b)demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2).]

[F9(4B)Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that is a specified state qualification or relevant qualifications that are specified state qualifications where—

(a)the relevant qualification demonstrates or the relevant qualifications taken together demonstrate, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2), or

(b)the person has met the requirement specified in relation to the person under subsection (4E).

(4C)The Council may determine that the person’s relevant qualification does not or relevant qualifications taken together do not meet the standard in subsection (4B)(a) only where one or more of Conditions 1 to 3 are met.

(4D)For the purposes of this section—

(a)Condition 1 is met where there exists a substantial difference between the level of knowledge and skill demonstrated by the person’s relevant qualification or qualifications taken together and the level of knowledge and skill demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2);

(b)Condition 2 is met where the professional activities to which the qualification approved (or qualifications together approved) by the Council under section 36D(2) in respect of the same profession or class relates (or relate) include one or more professional activities that cover substantially different matters from those covered by the person’s relevant qualification or qualifications;

(c)Condition 3 is met where requiring the person to take an aptitude test or complete an assessment period, or to do both, would amount to requiring the person to acquire a qualification approved (or qualifications together approved) by the Council under section 36D(2) in respect of the same profession or class.

(4E)If the person applies to be registered by virtue of subsection (4B)(b), the Council must specify in relation to the person what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

(4F)Subsection (4E) does not apply if the person’s relevant qualification is or relevant qualifications taken together are determined not to meet the standard in subsection (4B)(a) because Condition 3 is met in relation to the qualification or qualifications.

(4G)Where the Council specify under subsection (4E) an aptitude test or adaptation period, or both, in relation to a person, the aptitude test or the adaptation period, or the aptitude test and the adaptation period together, must be proportionate to the difference sought to be addressed.

(4H)The Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.

(4I)If the Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.]

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Matter D is—

(a)the person’s identity;

[F11(aa)that he has the necessary knowledge of English;]

(b)that he is of good character; and

(c)that he is in good health, both physically and mentally.

F12(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(6B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F15(8)In this section—

“adaptation period”, in relation to registration under a particular title in the dental care professionals register, means a period of practice subject to an assessment and, where necessary, accompanied by further training, which is supervised by a registered dental care professional of the profession, or class of members of a profession, to which the title applies;
“aptitude test”, in relation to registration under a particular title in the dental care professionals register, means an assessment with the aim of determining whether a person has the knowledge and skill that the Council consider to be required for a person to practise as a member of the profession or class to which the title relates.]

Textual Amendments

F1Pt. 3A 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. 29 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F2S. 36C(1)(a)(b) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 19(a) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)