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

Transitional provisions relating to orders for interim suspension

5.—(1) Notwithstanding the substitution of section 32 (which relates to interim orders etc.), any order for interim suspension made by the Preliminary Proceedings Committee before 31st July 2006 under the old section 32 shall continue to have effect as an interim suspension order made under the new section 32, except that—

(a) where, before 31st July 2006, an application has been made to a court for an order terminating the original order for interim suspension—

(i) that application shall be defended as appropriate by the General Dental Council and disposed of by the court in accordance with the old sections 30(6) and (7) (time when determinations and directions normally take effect and orders for interim suspension) and 32(8), and

(ii) the decision of the court made as a result of that application is not subject to review under the new section 32;

(b) the period of the interim suspension order (subject to the outcome of any review) shall be—

(i) the period specified in the original order for interim suspension (it will be due to expire when the case is determined by the Professional Conduct Committee), or

(ii) eighteen months from the date of the substitution of section 32,

whichever expires the sooner;

(c) except where paragraph (d) applies, the Committee responsible for reviewing the order and any subsequent changes to it shall be the Interim Orders Committee;

(d) any review of the original order for interim suspension which had been begun by the Preliminary Proceedings Committee under the old section 32 but which had not been completed before 31st July 2006 shall be completed by the Preliminary Proceedings Committee in accordance with the old section 32 (sub-paragraph (c) shall apply to any subsequent reviews); and

(e) the first review of the order by the Interim Orders Committee under the new section 32 shall be not more than six months from—

(i) if the order was never reviewed by the Preliminary Proceedings Committee under the old section 32, the date the order was first made, or

(ii) the date of the last review of the order by the Preliminary Proceedings Committee under the old section 32.

(2) Where a person has been afforded the opportunity of appearing before the Preliminary Proceedings Committee pursuant to the old section 32(3) and the hearing started before 31st July 2006 but the Committee has not, prior to 31st July 2006, reached a decision on whether or not to make an order in respect of that person in accordance with the old section 32—

(a) the Preliminary Proceedings Committee shall proceed to decide the matter in accordance with the old section 32; and

(b) if an order for interim suspension is made by the Committee pursuant to the old section 32(1) pursuant to this paragraph, that order shall, once made, continue to have effect as an interim suspension order made under the new section 32, except that—

(i) the period of the interim suspension order (subject to the outcome of any review) shall be the period specified in the order or eighteen months from the date of making the order, whichever expires the sooner,

(ii) the Committee responsible for reviewing the order and any subsequent changes to it shall be the Interim Orders Committee, and

(iii) the first review of the order by the Interim Orders Committee under the new section 32 shall be not more than six months from the date the original order for interim suspension was made.

(3) Where, prior to 31st July 2006, a person has been afforded the opportunity of appearing before the Preliminary Proceedings Committee pursuant to the old section 32(3) but the hearing has not started before 31st July 2006—

(a) the issue of whether or not to make an interim order in respect of that person shall be referred to the Interim Orders Committee (and so shall not be decided by the Preliminary Proceedings Committee under the old section 32); and

(b) the Interim Orders Committee shall proceed to decide that issue in accordance with the new section 32, and for these purposes the new section 32(2) shall apply as if after “referred to them” there were inserted “under article 5 of the Dentists Act 1984 (Amendment) Order 2005 Transitional Provisions Order of Council 2006 or”.

(4) Where a case is to be dealt with by the Preliminary Proceedings Committee by virtue of paragraph 4 of Schedule 7 to the 2005 Order but the person against whom an allegation has been made has not, prior to 31st July 2006, been afforded the opportunity to appear before the Preliminary Proceedings Committee, if the registrar determines that it is appropriate for the Interim Orders Committee to consider whether or not to make an interim order in respect of him—

(a) the issue of whether or not to make an interim order in respect of that person shall be referred by the registrar to the Interim Orders Committee (and so shall not be determined by the Preliminary Proceedings Committee under the old section 32); and

(b) the Interim Orders Committee shall proceed to decide that issue in accordance with the new section 32, and for these purposes the new section 32(2) shall apply as if after “referred to them” there were inserted “under article 5 of the Dentists Act 1984 (Amendment) Order 2005 Transitional Provisions Order of Council 2006 or”.

(5) The Preliminary Proceedings Committee that continues in being by virtue of paragraph 2 of Schedule 7 to the 2005 Order (transitional provisions) shall, in addition to continuing in being for the purpose of exercising their functions under that Schedule, continue in being for the purpose of exercising their functions under this article.