The General Dental Council (Fitness to Practise etc.) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Dentists Act 1984 (1984 c. 24) (“the Act”).

Articles 3 and 4 of this Order insert new sections 27AA and 36OA to the Act. These enable rules to provide for the registrar or another officer of the Council to exercise the Investigating Committee’s functions under section 27A (in relation to registered dentists) and under section 36O (in respect of registered dental care professionals).

Article 5 amends section 27A of the Act to provide that, where the Investigating Committee determine that an allegation against a registered dentist ought to be considered by a Practice Committee, the Committee can agree undertakings with that registrant instead of referring them to a Practice Committee. It also provides a rule making power in connection with undertakings. Article 6 amends section 36O of the Act to make similar provision in respect of registered dental care professionals.

Article 7 amends section 27A of the Act to provide the Investigating Committee with power to review their own determination to issue a warning to a registered dentist and it specifies the actions they might take following such a review. Article 8 amends section 36O of the Act to make similar provision in respect of registered dental care professionals.

Articles 9 and 10 insert new section 27AB (in respect of registered dentists) and new section 36OB (in respect of registered dental care professionals). These sections allow rules to be made to enable the registrar to review a determination by the Investigating Committee that an allegation ought not to be considered by a Practice Committee.

Article 11 amends section 27 of the Act to introduce a power to make rules to enable the registrar to review a determination that an allegation against a registered dentist is not one to which that section applies. Article 12 amends section 36N of the Act to make similar provision in respect of registered dental care professionals.

Articles 13 and 16 amend sections 27 and 36N of the Act respectively to enable the registrar to refer an allegation to the Interim Orders Committee at any time before the Investigating Committee has begun to consider the allegation.

Articles 14 and 17 amend sections 27A and 36O of the Act respectively in connection with interim orders. The amendments mean that the Investigating Committee can refer an allegation to the Interim Orders Committee at any time, subject only to subsection (6B) (also inserted by these articles) of each of the sections. In both of the amended sections, subsection (6B) provides that there cannot be a reference to the Interim Orders Committee where the Investigating Committee have agreed undertakings with a registrant or where the allegation has been referred to a Practice Committee and that Committee has started its consideration of the case.

Articles 15 and 18 make consequential amendments to sections 32 and 36V of the Act respectively.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business, the voluntary and the public sector, together with a report on the Consultation in relation to the Secretary of State’s proposals to make this Order, is available at https://www.gov.uk/government/consultations/measures-to-improve-the-gdcs-processes-on-fitness-to-practice, hard copies of which can be obtained by writing to the Department of Health, Professional Standards Division, Quarry House, Quarry Hill, Leeds, LS2 7UE.