The Dentists Act 1984 (Amendment) Order 2005 Transitional Provisions Order of Council 2006

Transitional provisions relating to fraud and error cases

This section has no associated Explanatory Memorandum

2.—(1) If, before 31st July 2006, a case (other than a restoration case) as to whether an entry in the dentists register has been incorrectly made has been referred to the General Dental Council—

(a)the General Dental Council shall continue to deal with the case; and

(b)the case shall be dealt with under the old section 24 (erasure on grounds of fraud or error) (all other error cases being dealt with by the registrar under the new section 24).

(2) If, before 31st July 2006, a case (other than a restoration case) as to whether an entry in the dentists register had been fraudulently made has been referred to the Professional Conduct Committee—

(a)if the inquiry into that case has already commenced, that case shall be dealt with by the Professional Conduct Committee under the old section 24 and the 1984 Rules; or

(b)if the inquiry into that case has not already commenced, that case shall be dealt with by the Professional Conduct Committee under the new section 24, but subject to such modifications of the rules of procedure of that Committee to take account of the state of the proceedings relating to that case as the Committee consider necessary or expedient.

(3) If, before 31st July 2006, a person has applied under the old section 24(2) to have his name restored to the dentists register, that application shall be dealt with by the General Dental Council, and thereafter by the Professional Conduct Committee, under the old section 24 and the 1984 Rules (and accordingly shall not give rise to a decision that is appealable under the new section 29).

(4) If, on or after 31st July 2006, a person whose name was erased from the dentists register under the old section 24 applies to have his name restored to the register, that application shall be referred to the Professional Conduct Committee for determination by them under the new section 24(6), and—

(a)for these purposes, the new section 24(6) shall apply as if the reference to an application referred under section 24(5) also included reference to an application referred by virtue of this paragraph; and

(b)the application shall be refused if it is for registration within a period specified in a direction under the old section 24(2).