PART IU.K. GENERAL

Citation and commencementU.K.

1.—(1) These Regulations may be cited as the European Primary and Specialist Dental Qualifications Regulations 1998.

(2) These Regulations shall come into force on 14th April 1998.

InterpretationU.K.

2.—(1) In these Regulations—

(2) In these Regulations, any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977 M9, section 1(1) of the National Health Service (Scotland) Act 1978 M10 or Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 M11.

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M2Part I of Schedule 2 was amended by S.I. 1996/1496, regulation 3.

M3 See article 5(1) and (2) of the Recognition Directive under the heading “in the United Kingdom”.

M5Section 15(1) was amended by SI 1996/1496, regulation 2.

M6Section 14(1) of the Act provides for the continuation of the register of registered dentists.

M7 See section 53(1).

M8Section 14(2) of the Act provides for the register to be kept by a registrar.

Power of directionU.K.

3.—(1) Subject to paragraph (2), the Secretary of State may give directions to the GDC in connection with any of its functions which arise from [F11retained] [F12EU] obligations and which relate to—

(a)primary qualifications awarded in [F13a relevant European State];

(b)specialist qualifications in orthodontics or oral surgery awarded in [F13a relevant European State];

(c)registration under the Act by virtue of any qualifications; or

(d)entry in a specialist list for orthodontists or oral surgeons;

and it shall be the duty of the GDC to comply with any such directions.

(2) Directions given under paragraph (1) may be as to matters of administration only.

Textual Amendments

PART IIU.K. SPECIALIST QUALIFICATIONS

The competent authorityU.K.

The Directive: designation of competent authority etc.U.K.

F144.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

FeesU.K.

5.—(1) Subject to the following paragraphs, the GDC may charge such reasonable fees as it determines to cover the cost of providing services in the course of the performance of any of its functions under or by virtue of Part II of these Regulations.

(2) The GDC may set those fees at levels such that (taken together) the fees also cover the cost of such of its overheads as are reasonably attributable to the performance of all of its functions under or by virtue of Part II of these Regulations; but the fees must not include any element of profit.

(3) The fee charged by the GDC for any particular service must not include more than a reasonable proportion of the total cost of its overheads referred to in paragraph (2).

(4) This regulation does not prevent the GDC, where it has power to do so, from setting any other fee which it has power to charge at a level designed to include costs referred to in this regulation; but any costs recovered that way cannot also be recovered by way of fees under this regulation.

Specialist dental trainingU.K.

Certificates of completion of specialist trainingU.K.

6.—(1) Subject to paragraphs (2), (3) and (4), the GDC shall award a CCST to any person who applies to the GDC for that purpose (and pays any fee determined by the GDC) if the GDC is satisfied that he has satisfactorily completed specialist dental training in orthodontics or (as the case may be) oral surgery approved by the GDC pursuant to regulation 7.

(2) A CCST may be awarded only to a registered dentist.

(3) A period of specialist dental training in a branch of specialised dentistry other than orthodontics counts towards completion of the training required for orthodontics if it is common to both specialties.

(4) A period of specialist dental training in a branch of specialised dentistry other than oral surgery counts towards completion of the training required for oral surgery if it is common to both specialties.

(5) A CCST shall state—

(a)the date on which it was awarded;

(b)the specialty in which it was awarded;

(c)the name of its holder;

(d)his primary dental qualification; and

(e)his registration number.

(6) A CCST shall state where the holder’s primary dental qualification was awarded and, in the case of a registered dentist whose primary qualification in the United Kingdom was awarded following the completion of a degree, licence or other dental diploma overseas, the CCST shall also state this qualification and the place where it was awarded.

F15(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Minimum requirements of specialist dental trainingU.K.

7.—[F16(1) The GDC shall not approve specialist dental training intended to lead to the award of a CCST unless that training meets the conditions specified in article 35 of the Directive (specialist dental training), or under article 22(a) of the Directive (part-time training) [F17would] be treated as meeting those conditions.

(2) The GDC may withdraw any such approval if it is satisfied that the training no longer meets, or under article 22(a) of the Directive [F18would] no longer be treated as meeting, the conditions specified in article 35 of the Directive.]

(3) Part-time specialist dental training is permitted, under conditions approved by the GDC, where training on a full-time basis would not be practicable for well-founded reasons; and accordingly the GDC may approve part-time training which satisfies—

(a)the conditions referred to above in this paragraph;

(b)the conditions set out in sub-paragraphs (a), (c), (e) and (f) of paragraph (2); and

(c)the following conditions—

(i)the standard of training must not be lower than that of full-time training; and

(ii)the total length of training in the specialty in question must not be less than that of full-time training in the same specialty.

(4) The curriculum and any other requirements relating to the training for the specialty, as they have effect from time to time, must be published.

[F19(5) For the purposes of meeting the conditions specified in article 35 of the Directive under this regulation, the reference in article 35 of the Directive to article 34 of the Directive is, in relation to training begun on or before 18th January 2016, to article 34 disregarding the amendments made by Directive 2013/55/EU of the European Parliament and of the Council of 20th November 2013.]

Textual Amendments

Distinctive titles and specialist listsU.K.

8.—(1) Paragraph (2) applies where the GDC is of the opinion that orthodontics or (as the case may be) oral surgery has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, and it decides to make regulations—

(a)under section 26(3) M12 of the Act so as to prescribe a title for that specialty; or

(b)to prescribe such a title and also to provide for the matters specified in section 26(4)(a) and (b) of the Act in relation to that title.

[F20(2) Where this paragraph applies, the GDC shall secure that the regulations mentioned in paragraph (1) provide that a registered dentist is entitled to use the title prescribed for a specialty and (if appropriate) to have his name entered in the list for that specialty only if (subject to paragraph (2A)) he pays any fee determined by the GDC on application for entry in the appropriate list, and—

(a)he holds a CCST awarded by the GDC under regulation 6 in the specialty in question;

(b)he is an eligible specialist as specified in regulation 9; [F21or]

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)he is an existing specialist as specified in regulation 12; F23...

F23(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) Where the GDC exercises its powers under section 26(4) of the Act so as to provide for a specialist list in orthodontics or oral surgery, it must tell anyone who asks it (and pays any fee determined by the GDC) whether or not a particular person’s name is entered in the list in question, and must do so in writing if required, stating the date on which that person’s name was entered in the list and his registration number.

(4) For the purposes of paragraph (3), the GDC shall be deemed to have satisfied a requirement that it gives information in writing if it transmits the information to the person requiring it by facsimile or other electronic means.

Textual Amendments

Marginal Citations

M12Section 26(3) of the Act provides for the GDC, if it is of the opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, to make regulations prescribing appropriate titles and conditions under which they may be used. By section 26(4), such regulations may also provide for a list to be kept by the GDC of registered dentists who are qualified to use the distinctive title and for such a dentist to have his name entered in the list.

Eligible specialistsU.K.

9.—[F26(1) A person is an eligible specialist for the purposes of regulation 8(2)(b) if—

F27(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he holds a [F28relevant European] specialist dental qualification (as specified in regulation 10).]

(2) [F29[F30A] person] is also an eligible specialist for the purposes of [F31regulation 8(2)(b)] if he does not fall within paragraph (1), but—

(a)he has specialist dental qualifications awarded outside the United Kingdom in orthodontics or (as the case may be) oral surgery, and satisfies the GDC that those qualifications are equivalent to a CCST in the specialty in question; or

(b)he has knowledge of, and experience in, orthodontics or (as the case may be) oral surgery derived from academic or research work, and satisifies the GDC that that knowledge and experience is equivalent to the knowledge and experience which he might reasonably be expected to have acquired if he had undertaken the training required for the award of a CCST.

F32(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person is also an eligible specialist in oral surgery for the purposes of [F34regulation 8(2)(b)] if he is an oral and maxillo-facial surgeon and his name is entered in the specialist register kept by the General Medical Council M13 in respect of that specialty M14 and—

F35(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F36... he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together are equivalent to the training required for the award of a CCST in oral surgery.

F37(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M14 See S.I. 1995/3208, which makes provision for the specialist medical register.

Applications and notification of decisionsU.K.

F389A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F39Relevant European] specialist dental qualificationsU.K.

10.—[F40(A1) In regulation 9(1), “relevant European specialist dental qualification” means an appropriate European specialist dental qualification, within the meaning of paragraph (1), that has not been designated by the GDC for the purposes of this paragraph.

(B1) The GDC—

(a)may designate a qualification for the purposes of paragraph (A1) only with the approval of the Privy Council;

(b)must maintain and publish a list of the qualifications that are so designated.]

(1) The following are [F41appropriate European] specialist dental qualifications for the purposes of [F42paragraph (A1)]—

[F43(a)a qualification which—

(i)is listed in Annex V, point 5.3.3 of the Directive (evidence of formal qualifications in orthodontics and oral surgery),

(ii)was awarded in a relevant European State F44... on or after the reference date, and

(iii)is not evidence of training commenced by the holder before that date;

F45(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F45(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(3) In paragraph (1) “reference date”, in relation to the practice of orthodontics or oral surgery in a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in the table relating to that specialty in Annex V, point 5.3.3 of the Directive.]

Textual Amendments

Appointment as a consultant in the National Health ServiceU.K.

11.—(1) Paragraph (2) shall not apply until the expiry of the period of two years beginning with the date on which regulations made by the GDC under section 26(4) of the Act come into force in relation to the specialty in question.

(2) Subject to paragraph (1), a person may not take up appointment as a consultant in the National Health Service in oral surgery or orthodontics unless his name is included in any list for the specialty in question kept pursuant to regulations made by the GDC under section 26(4) of the Act.

Transitional provisionsU.K.

Existing specialistsU.K.

12.—(1) A registered dentist is an existing specialist for the purposes of regulation 8(2) if he applies to the Registrar, within the period referred to in paragraph (2), for his name to be entered in any list of orthodontists or (as the case may be) oral surgeons kept pursuant to regulations made under section 26(4) of the Act (paying any fee determined by the GDC) and satisfies him that he falls within paragraph (3).

(2) An application under paragraph (1) shall be made before the expiry of the period of two years beginning with the date on which the regulations mentioned in that paragraph come into force in relation to the specialty in question, unless the applicant satisfies the Registrar that there was good reason for not applying by then.

(3) A person falls within this paragraph if—

(a)he is, or has been, a consultant in the National Health Service in the specialty in question; or

(b)he has been accredited in the specialty in question before the date on which the regulations referred to in paragraph (1) come into force in relation to that specialty; or

(c)he has satisfied the GDC that—

(i)he has been trained in the United Kingdom in the appropriate specialty and that training complied with the requirements relating to training in that specialty current in the United Kingdom at the time he undertook it;

(ii)he has qualifications awarded in the United Kingdom in such a specialty that are equivalent to a CCST in that specialty; or

(iii)he has acquired experience in that specialty which has given him a level of expertise equivalent to the level of expertise he might reasonably be expected to have attained if he had a CCST in that specialty.

(4) In paragraph (3)(b), “accredited” refers to the former practice whereby certain Royal Colleges and Faculties acknowledged the satisfactory completion of a period of specialist training in dentistry, to a level previously determined by that body, by granting an application for accreditation made by the person who had completed the training.

Other specialitiesU.K.

Other specialtiesU.K.

F4813.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousU.K.

[F49Appeal panels]U.K.

14.—(1) The GDC shall secure that—

(a)a person to whom it refuses to award a CCST;

[F50(b)a person whose application for entry in a specialist list pursuant to regulation 8(2)(b) is refused by the GDC;

F51(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and]

(c)a person who fails to satisfy the GDC as to the matters referred to in regulation 12(3)(c);

has the right to appeal against its decision to a panel of independent persons (in this regulation referred to as an “appeal panel”) which shall be convened by the GDC as soon as practicable to reconsider the question and determine [F52that appeal].

(2) The GDC shall determine and publish the procedure governing its selection of the members of appeal panels and the conduct of appeals.

(3) The GDC shall secure that an appeal panel gives reasons for its determination.

Textual Amendments

[F53Appeals from an appeal panelU.K.

14A.—(1) Where—

(a)an appeal panel determines an appeal under regulation 14, and

(b)the result of the appeal is unfavourable to the person concerned,

the person concerned may appeal against the determination to the relevant court.

(2) On an appeal under this regulation, the relevant court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the determination appealed against,

(c)substitute for the determination appealed against any other determination which could have been made by an appeal panel, or

(d)remit the case to an appeal panel to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

(3) In this paragraph “the relevant court” means—

(a)where the person concerned is entered in a specialist list, and his address in that list is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b)where the person concerned is not entered in a specialist list, but his address would (if he were to be entered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c)in any other case, the county court.]

Textual Amendments

Revocation and savingU.K.

15.—(1) The Dental Qualifications (EEC Recognition) Order 1980 M15 is hereby revoked.

(2) Subject to paragraph (3), the revocation of article 5(1) of that Order does not prevent the GDC from awarding a certificate of completion of specialist training to any person whose application for one had been received by the GDC before these Regulations came into force; and any such application may be dealt with as if paragraph (1) had not come into force.

(3) An application to which paragraph (2) refers must be dealt with before the end of the period of three months beginning with the date on which these Regulations come into force.

Marginal Citations

M15S.I. 1980/703. Articles 3, 4, 6 and 7 of the Order were revoked by the Dentists Act 1984, Schedule 6, Part II.

[F54ReviewU.K.

15A.  By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must—

(a)carry out a review of the amendments made to these Regulations by the European Qualifications (Health and Social Care Professions) Regulations 2016;

(b)set out the conclusions of the review in a report; and

(c)publish the report.]

Textual Amendments

PART IIIU.K. PRIMARY QUALIFICATIONS

The competent authoritiesU.K.

F5516.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

FeesU.K.

F5617.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Minimum requirements of primary dental trainingU.K.

F5718.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence of good character and of good healthU.K.

19.  In section 15 of the Act (qualification for registration in the dentists register) there are inserted after subsection (4) the following subsections—

“(4A) In relation to a person who is a national of an EEC State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good character for the purposes of subsection (3)(b)—

(a)a certificate issued by a competent authority in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, attesting that the requirements of that State in relation to good character for taking up the profession of dentistry have been met; or

(b)(where the State does not require proof of good character for taking up of the profession of dentistry) an extract from the judicial record or an equivalent document issued by a competent authority in the State showing that he is of good character.

(4B) In relation to a person who is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good health for the purposes of subsection (3)(c)—

(a)the document required in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, as proof of good health; or

(b)(where the State does not require proof of good health for the taking up of the profession of dentistry) a certificate issued by a competent authority in the State corresponding to the certificates of good health issued by the Council.

(4C) the registrar shall not accept any certificate referred to in subsection (4A) or (4B) if it is presented more than three months after the date on which it was issued.”.

Holders of overseas diplomasU.K.

20.—(1) In section 15 of the Act (qualification for registration in the dentists register), in subsection (4)(d) for “he” there is substituted—

“he—

(i)is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)); or

(ii)”.

(2) In section 16 of the Act (supplementary provisions as to registration of holders of overseas diplomas) there is inserted after subsection (2) the following subsection—

“(2A) In deciding for the purposes of section 15(4)(c) whether a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill, the Council—

(a)shall take into account any dental qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a dentist in that State;

(b)shall take into account any professional dental experience or knowledge that he has acquired in another EEA State; and

(c)may treat a qualification which is not of a kind recognised for the time being by the Council as furnishing sufficient guarantees that he has the requisite knowledge and skill as if it were such a qualification.”.

(3) In section 17 of the Act (temporary registration)—

(a)for subsection (2)(d) there is substituted—

“(d)that he—

(i)is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)); or

(ii)has the necessary knowledge of English; and”; and

(b)after subsection (3) there is inserted—

“(3A) In deciding for the purposes of subsection (2)(c) whether a person who is a national of an EEA State (or a person who is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account any professional dental experience or knowledge that he has acquired in another EEA State, and any acceptance by such a State of his right to practise as a dentist in that State.”.

Minor amendments to the ActU.K.

F5821.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Frank Dobson

One of Her Majesty’s Principal Secretaries of State (Department of Health)

17th March 1998