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

Transitional provisions relating to the abolition of the Continuing Professional Development Committee

6.—(1) Pending the coming into force of the new sections 34A and 34B (which relate to professional training and development requirements, including with regard to restoration of names to the register) and the repeal of Schedule 3A (continuing professional development cases)—

(a) the old section 29 (appeals) shall continue to apply, notwithstanding its amendment by virtue of article 19 of the 2005 Order, as regards persons notified under the old paragraph 3 of Schedule 3A; and

(b) subject to paragraph (2), where reference is made in—

(i) the 2003 CPD Rules,

(ii) the 2003 Procedure Rules, or

(iii) the old sections 29, 34A and 34B and Schedule 3A,

to the Continuing Professional Development Committee, that reference shall be construed as a reference to the Registration Appeals Committee.

(2) As regards any appeal for the purposes of the 2003 Procedure Rules for which the appeal hearing has already been convened before 31st July 2006 (including an appeal where the appeal hearing has begun but has been adjourned), where reference is made in—

(a) the 2003 CPD Rules;

(b) the 2003 Procedure Rules; or

(c) the old sections 29, 34A and 34B and Schedule 3A,

to the Continuing Professional Development Committee, that reference shall, subject to paragraph (3), continue to be construed as a reference to the Continuing Professional Development Committee.

(3) Where a court proposes to exercise its functions under the old section 29(3)(d) of remitting a case which, by virtue of paragraph (2), it is considering on appeal from the Continuing Professional Development Committee—

(a) the old section 29(3)(d) shall apply as if the reference in it to the Continuing Professional Development Committee were a reference to the Registration Appeals Committee; and

(b) once remitted to the Registration Appeals Committee, for the purposes of disposing of the case, the old Schedule 3A shall apply as if the references in it to the Continuing Professional Development Committee were references to the Registration Appeals Committee.

(4) Where a notice of the registrar’s decision or a notice of appeal refers to the Continuing Professional Development Committee but it should, by virtue of this article, have referred to Registration Appeals Committee, that notice shall be treated as referring to the committee to which it should, by virtue of this article, refer.

(5) The Continuing Professional Development Committee established under the old section 2 (Committees of the Council) shall continue in being after article 4(2) of the 2005 Order (amendment of section 2) comes into force for the purposes of exercising the functions that they have by virtue of this article.