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

Explanatory Note

(This note is not part of the Order)

This Order contains transitional provisions relating to the new arrangements for the regulation of dentists and dental care professionals included in the Dentists Act 1984 (Amendment) Order 2005. These transitional provisions supplement the transitional provisions set out in Schedule 7 to that Order.

Article 2 sets out the arrangements for dealing with fraud and error cases relating to registration in the dentists register which are ongoing when the new arrangements come into force. Old cases which have already been referred to the General Dental Council (GDC) or their Professional Conduct Committee will continue to be dealt with in accordance with the old arrangements.

Articles 3 to 5 ensure that determinations, directions and orders relating to suspension (including temporary suspension) or erasure from, or conditional registration in, the dentists register under the old arrangements continue to have effect, with measures for moving old cases to the new system.

Article 6 sets out measures for concluding the work of the GDC’s Continuing Professional Development Committee, which is being abolished: much of its existing case work will be taken on by the GDC’s new Registration Appeals Committee.

Article 7 deals with outstanding erasure or suspension cases relating to disqualification in another Member State of the European Economic Area or Switzerland: generally, these cases will be disposed of under the old arrangements.

Article 8 ensures that the restrictions on individuals carrying on the business of dentistry will continue to apply to individuals who are or were suspended or erased from the dentists register under the old arrangements.

Articles 9 and 10 contain transitional provisions that relate to the new arrangements for the registration of dental care professionals, which include arrangements enabling sub-committees of the Dental Auxiliaries Committee (which is being abolished) to conclude cases and provisions ensuring that visitors appointed under the old arrangements remain in post under the new arrangements.

Article 11 ensures that the Council for the Regulation of Health Care Professions will continue to be able to review the outstanding misconduct or crime cases before the GDC’s Professional Conduct Committee which are being disposed of under the old arrangements.