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There are currently no known outstanding effects for The European Primary and Specialist Dental Qualifications Regulations 1998, Cross Heading: Distinctive titles and specialist lists.
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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) M1 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.
[F1(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; [F2or]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)he is an existing specialist as specified in regulation 12; F4...
F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(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
F1Reg. 8(2)-(2B) substituted for reg. 8(2) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 140
F2Word in reg. 8(2)(b) inserted (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. 32(6)(a)(i) (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)
F3Reg. 8(2)(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(6)(a)(ii) (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)
F4Reg. 8(2)(e) and word omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(6)(a)(ii) (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)
F5Reg. 8(2A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(6)(b) (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)
F6Reg. 8(2B) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(6)(b) (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)
Marginal Citations
M1Section 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.
9.—[F7(1) A person is an eligible specialist for the purposes of regulation 8(2)(b) if—
F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)he holds a [F9relevant European] specialist dental qualification (as specified in regulation 10).]
(2) [F10[F11A] person] is also an eligible specialist for the purposes of [F12regulation 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.
F13(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A person is also an eligible specialist in oral surgery for the purposes of [F15regulation 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 M2 in respect of that specialty M3 and—
F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F17... 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.
F18(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Reg. 9(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 141(a)
F8Reg. 9(1)(a) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(7)(a)(i) (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)
F9Words in reg. 9(1)(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. 32(7)(a)(ii) (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)
F10Words in reg. 9(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 141(c)
F11Word in reg. 9(2) 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. 32(7)(b) (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)
F12Words in reg. 9(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 141(b)
F13Reg. 9(2A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(7)(c) (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)
F14Reg. 9(3) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(7)(c) (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)
F15Words in reg. 9(4) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 141(b)
F16Reg. 9(4)(a) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(7)(d)(i) (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)
F17Words in reg. 9(4)(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(7)(d)(ii) (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)
F18Reg. 9(5)(6)(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 141(g)
Marginal Citations
M2 See the Medical Act 1983 (c. 54), section 1.
M3 See S.I. 1995/3208, which makes provision for the specialist medical register.
F199A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Reg. 9A omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(8) (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)
10.—[F21(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 [F22appropriate European] specialist dental qualifications for the purposes of [F23paragraph (A1)]—
[F24(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 F25... on or after the reference date, and
(iii)is not evidence of training commenced by the holder before that date;
F26(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F26(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F28(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
F20Words in reg. 10 heading 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. 32(9)(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)
F21Reg. 10(A1)(B1) inserted (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. 32(9)(b) (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)
F22Words in reg. 10(1) 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. 32(9)(c)(i)(aa) (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)
F23Words in reg. 10(1) 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. 32(9)(c)(i)(bb) (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)
F24Reg. 10(1)(a)-(d) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 143(2)(a)
F25Words in reg. 10(1)(a)(ii) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(c)(ii) (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)
F26Reg. 10(1)(aa)-(e) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(c)(iii) (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)
F27Reg. 10(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(d) (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)
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.
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