DENTISTS ACT, 1985

• (b) the 21 days referred to in subsection (4) within which the person may apply to the High Court for the cancellation of the decision expires without the person making such application.]

• (2) The powers conferred by subsection (1) of this section may be exercised either in addition to or in substitution for any of the powers conferred by sections 39, 40 and 42 of this Act.

• F38[(3) On making a decision to exercise a power under subsection (1), the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.]

• F38[(4) A person to whom a decision under this section relates may, not later than 21 days after the date on which the person was given notice of the decision, apply to the High Court for the cancellation of the decision.]

• F38[(5) The High Court, on the hearing of an application under subsection (4) made by a person in relation to a decision under this section, may—

• (a) declare that it was proper for the Council to make the decision,

• (b) cancel the decision, or

• (c) cancel the decision and—

• (i) direct the Council to make a new decision, or

• (ii) give such other directions to the Council as the Court thinks proper.]

• F38[(6) The High Court may direct how the costs of the application are to be borne.]

42. Erasure from register of persons convicted of indictable offences.

42.—(1) Where a registered dentist is convicted in the State of an offence triable on indictment or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, the Council may decide that the name of such person should be erased from the register.

• (2) On making a decision under this section, the Council shall forthwith send F39[to the person to whom the decision relates] a notice in writing stating the decision, the date thereof and the reasons therefor.

• (3) A person to whom a decision under this section relates may, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies—

• (a) the High Court, on the hearing of the application, may—

• (i) cancel the decision, or

• (ii) confirm the decision and direct the Council to erase the name of such person from the register, or

• (iii) give such other directions to the Council as the Court thinks proper,

• (b) if at any time the Council satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, confirm the decision and direct the Council to erase the name of such person from the register,

• (c) the High Court may direct how the costs of the application are to be borne.

• (4) Where a person to whom a decision of the Council under this section relates does not, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Council may apply ex parte to the High Court for confirmation of the decision and, if the Council so applies, the High Court, on the hearing of the application, shall, unless it sees good reason to the contrary, confirm the decision and direct the Council to erase the name of such person from the register.

• F39[(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.]

• (6) On erasing the name of a person from the register under this section, the Council shall forthwith send F39[to such person] notice in writing of the erasure.

• (7) The name of any person which has been erased from the register under this section may at any time be restored to the register by special direction of the Council but not otherwise, and when a person's name is so restored to the register, the Council may attach to the restoration such conditions (including the payment of the appropriate fee which shall not exceed the fee which would be payable by such person if he was then being registered for the first time) as the Council thinks fit.

• F40[(8)
• (a) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registered dentist the subject of the request.

• (b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018, comply with a request under paragraph (a) as soon as is practicable after receiving the request.

• (c) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing that the registrar or clerk of a court which has convicted a registered dentist of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the Registrar or Council (including any committee thereof), or both, may reasonably require for the performance of his, her or its functions under this Act in relation to that dentist.

• (d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request.

• (e) In this subsection, "criminal record", in relation to a registered dentist, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) of the dentist for offences (if any).]

43. Continuance of existing inquiry.

43.—Where the Dental Board has decided to hold, or has appointed any member or members of the Board to hold, an inquiry pursuant to section 32 of the Dentists Act 1928, and that inquiry has not been completed before the commencement of this Act, the inquiry shall be discontinued and shall be recommenced by the Fitness to Practise Committee as if this Act had been in force at the time at which such decision was taken or such member or members were appointed and the provisions of this Part of this Act shall apply to any inquiry discontinued and recommenced pursuant to this section.

44. Application by Council for order suspending registration.

44.—(1) Whenever the Council is satisfied that it is in the public interest so to do, the Council may apply to the High Court for an order in relation to any person registered in any register maintained under this Act that, during the period specified in the order, registration of that person's name in that register shall not have effect.

• (2) An application under this section may be made in a summary manner and shall be heard otherwise than in public.

• (3) The High Court may make, in any application under this section, such interim or interlocutory order (if any) as it considers appropriate.

• F41[(4)
• (a) Paragraph (b) applies where—

• (i) a registered dentist becomes the subject of an order under subsection (3), and

• (ii) the Council has reason to believe that—

• (I) the dentist is registered in another jurisdiction as a dentist, or has made an application to be registered as a dentist in another jurisdiction which has not yet been determined, and

• (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

• (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of the order and copies of other documents relevant to that order.]

45. Privilege in respect of certain matters.

45.—Proceedings under section 38 of this Act, proceedings of or communications to or by the Council pursuant to sections 39, 40, 41 or 42 of this Act, reports made by the Fitness to Practise Committee to the Council under this Part of this Act and any other communications between the Committee and the Council made in the exercise or performance of the powers, duties or functions of the Committee or the Council, as the case may be, shall in any action for defamation, be absolutely privileged.

46. Erasure or suspension from and restoration to the Register of Dental Specialists.

46.—(1) Where a person's name has been erased or suspended from the register, the name shall, as soon as may be, if it is registered in the Register of Dental Specialists, be erased or suspended therefrom, as the case may be.

• (2) Where a person's name has been restored to the register or its suspension from the register has been terminated, the name shall, if it was registered in the Register of Dental Specialists, be restored to such register or its suspension therefrom be terminated, as the case may be.

47. Notification to Minister of name erased or restored and of suspensions imposed and terminated.

47.—F42[(1)] The Council shall notify the F44[Health Service Executive and such other persons as it thinks fit] on the occasion of—

• (a) the erasure of the name of a person from a register maintained under this Act,

• (b) the restoration of the name of a person to a register maintained under this Act,

• (c) the suspension of the name of a person from a register maintained under this Act,

• (d) the termination of a period of suspension from a register maintained under F44[this Act,]

• (e) the attachment of conditions to the retention of the name of a person in a register maintained under F44[this Act, or]

• F43[(f) the advisement, admonishment or censure under section 41 of a person whose name is entered in a register maintained under this Act,]

of the erasure, restoration, suspension, termination of suspension F44[, attachment of conditions or advisement, admonishment or censure,] as the case may be.

• F43[(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of paragraphs (a) to (f) of subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, the Council shall, if satisfied that it is in the public interest to do so and as soon as is practicable, give notice in writing to the Health Service Executive of the measure.]

• F43[(3) The Council shall (if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so) give notice in writing to an employer (other than the Health Service Executive) where—

• (a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a person whose name is entered in a register maintained under this Act employed by the employer, and

• (b) the employer’s name is known to the Council.]

• F43[(4)
• (a) Paragraph (b) applies where—

• (i) it comes to the Council’s attention that any measure referred to in subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, and

• (ii) the Council has reason to believe that—

• (I) the person is registered in another jurisdiction, and

• (II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

• (b) The Council shall give notice in writing to that body of that measure and may, and notwithstanding any provision of the Directive (within the meaning of Regulation 3 of the Regulations of 2017) or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 38(3)(c)).]

• F43[(5)
• (a) Paragraph (b) applies where—

• (i) it comes to the Council’s attention that any measure referred to in subsection (2) has been taken in relation to a person whose name is entered in a register maintained under this Act, and

• (ii) the Council has reason to believe that—

• (I) the person is registered in another jurisdiction, and

• (II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

• (b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure.]

47A. F45[Information Council may publish in public interest

47A.—(1) Subject to subsection (2), the Council shall—

• (a) advise the public—

• (i) when any measure referred to in section 47(1)(a) to (e) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, and

• (ii) if satisfied that it is in the public interest to do so, when any measure referred to in section 47(1)(f) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act,

• (b) if satisfied that it is in the public interest to do so, advise the public when any measure referred to in section 47(2) in respect of a person whose name is entered in a register maintained under this Act comes to the knowledge of the Council, and

• (c) if satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of the Fitness to Practise Committee at an inquiry or, subject to section 38(5), publish all or any part of a report referred to in section 38(3)(c) of the Fitness to Practise Committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified).

• (2) Without prejudice to the generality of subsection (1), the Council shall, at the least, use the Council website to effect any advisement or publication referred to in that subsection.

• (3) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 39(3) or (4), 40(3) or (4), 41(5) or (9), or 42(3) or (4).]

48. Restoration to register of name removed, or termination of suspension imposed, for non-payment of retention fee.

48.—(1) The Council shall, on the payment of a special fee to the Council by any person whose name was erased from any register or whose registration was suspended under section 39 (1) (b) of this Act from any register for non-payment of a retention fee (and for no other reason), restore that person's name to the register, or terminate the suspension, as the case may be.

• (2) In this section “special fee” means a fee of such amount as may be fixed from time to time by the Council, with the consent of the Minister.

PART VI Restrictions on Practice of Dentistry

49. Descriptions of registered persons.

49.—(1) Every person who is registered in the register shall be entitled to take and use the description of dentist, dental surgeon or dental practitioner.

• (2) A person who is registered in the register shall not, in connection with the practice of dentistry take or use, or affix to or use in connection with his premises, any title or description which is reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by the particulars relating to him which are entered in the register maintained by the Council.

• (3) Any person who acts in contravention of subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

• (4) Where the Council is of opinion that any special branch of dentistry (including a dental specialty recognised by the Council under section 37 of this Act) has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists, who are qualified to practise in that branch of dentistry, should use a distinctive title, the Council may specify appropriate titles and the conditions under which such titles may be used, and the use of a title so specified in accordance with the specified conditions by a person qualified to use such a title shall not constitute a contravention of subsection (2) of this section.

50. Prohibition on use of titles by unregistered persons.

50.—(1) A person who is not a registered dentist shall not take or use the title of dentist, dental surgeon or dental practitioner and a person, who is not a registered dentist, shall not take or use any title or description which implies that he is a registered dentist.

• (2) A person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment.

51. Prohibition on practice of dentistry by unregistered persons.

51.—(1) Subject to the provisions of this section, it shall not be lawful, on or after the date of the passing of this Act, for any person—

• (a) to practise dentistry, or

• (b) to represent or hold himself out, whether directly or by implication, as practising, or being willing and ready to practise, dentistry,

unless such person is a registered dentist.

• (2) The provisions of subsection (1) (a) of this section shall not operate to prohibit—

• (a) the practice of dentistry by a registered medical practitioner, or

• (b) the performance of dental work by an auxiliary dental worker in accordance with conditions specified in a scheme made by the Council, with the approval of the Minister, under section 53 of this Act, or

• (c) the practice of dentistry under the supervision of a registered dentist by—

• (i) a student of dentistry at a body referred to in the Second Schedule to this Act, or

• (ii) a student of medicine at a body in the State recognised by the Medical Council for the purposes of section 35 (a) of the Medical Practitioners Act, 1978,

while such student is in the course of instruction or is taking an examination, or

• (d) the performance of dental work under the supervision of a registered dentist by any person as part of a course of instruction which he is following in order to qualify for membership of a class of auxiliary dental worker recognised by the Council or as part of an examination required to be passed in order to qualify for membership of such class of auxiliary dental worker.

• (3) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment.

• (4) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years from the commission of the offence.

52. Prohibition on practice of dentistry by bodies corporate.

52.—(1) It shall not be lawful for any body corporate to engage in the practice of dentistry (other than the performance of the dental work referred to in section 51 (2) (b) of this Act).

• (2) The provisions of subsection (1) of this section shall not prohibit the practice of dentistry by—

• (a) any health board established under the provisions of the Health Act, 1970, or

• (b) any hospital, or

• (c) any dental school, or

• (d) two or more registered dentists in partnership.

• (3) Every body corporate which engages in the practice of dentistry in contravention of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

• (4) Where a body corporate is convicted of an offence under this section, every director, manager and secretary thereof shall, unless he proves that the offence was committed without his knowledge, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

PART VII Auxiliary Dental Workers

53. Creation of classes of auxiliary dental workers.

53.—(1) The Council may, with the consent of the Minister, make a scheme for establishing classes of auxiliary dental workers who may undertake such class or classes of dental work as shall be specified by the Council notwithstanding that the doing of such work would constitute the practice of dentistry within the meaning of this Act.

• (2) A scheme made by the Council under subsection (1) of this section shall—

• (a) determine the training and qualifications necessary to become a member of such class;

• (b) determine the nature of the dental work a member of any particular class may undertake and the conditions under which such work may be undertaken;

• (c) establish a register in respect of each class so established and provide for the entry in, or removal from, such register of the name of an auxiliary dental worker of the class to which the register relates;

• (d) specify the title which members of a particular class may use to indicate their membership of that class;

• (e) determine the fee to be charged for the registration of a person or the retention of his name in any register established under paragraph (c) of this subsection.

• (3) The Council may, with the consent of the Minister, revoke or amend a scheme made under subsection (1) of this section.

• (4) The Council shall determine a code for the maintenance of standards of conduct among any class or classes of auxiliary dental workers established under subsection (1) of this section.

• (5) Where any person has failed to pay any retention fee determined by the Council under subsection (2) (e) of this section, the Council may decide that the registration of the name of such person in the register shall not have effect until the fee has been paid.

• (6) The Council shall not make a decision under subsection (5) of this section unless the Council has not less than two months previously by notice in writing sent F46[to the person] requested payment of the fee on more than one occasion.

• (7) Any member of a class of auxiliary dental workers established under a scheme made under this section who—

• (a) uses a title which he is not authorised to use under the provisions of a scheme made under this section, or

• (b) uses a title or description which is reasonably calculated to suggest that he possesses some status or qualification connected with dentistry other than one which he in fact possesses, or

• (c) not being a member of a class of auxiliary dental workers established under a scheme made by the Council under subsection (1) of this section, undertakes or represents or holds himself out, whether directly or by implication, as undertaking or being willing to undertake, dental work which that class of auxiliary dental workers may undertake,

shall be guilty of an offence.

• (8) A person who acts in contravention of subsection (7) of this section shall be liable on summary conviction to a fine not exceeding £1,000.

54. Restriction on employment of auxiliary dental workers.

54.—(1) An auxiliary dental worker shall, in the performance of any dental work which the class of auxiliary dental workers of which he is a member may undertake in accordance with a scheme made by the Council under section 53 of this Act, comply with any conditions specified by the Council under subsection (2) of that section in regard to the performance of such dental work.

• (2) Dental work carried out by an auxiliary dental worker in accordance with a scheme made by the Council under section 53 of this Act shall be carried out under the supervision of a registered dentist and any such dental work shall only be carried out after the registered dentist has examined the patient and has indicated to the auxiliary dental worker the course of treatment to be provided for the patient.

• (3) The provisions of subsection (2) of this section shall not apply to the fitting, insertion or fixing of artificial teeth for persons of eighteen years or over, or the giving of advice to, or attendance on, such persons for such purposes by an auxiliary dental worker in accordance with a scheme made by the Council under section 53 of this Act: Provided that such work does not include any work on natural teeth or on living tissue.

55. Creation of classes of auxiliary dental workers by direction of Minister.

55.—(1) The Minister may, by order, in any case where he considers the establishment of a particular class of auxiliary dental worker to be desirable, direct the Council to exercise the powers vested in it under section 53 of this Act to make a scheme for the establishment of such a class and, in any case where the Minister considers it desirable, he may, by order, direct the Council to make a scheme for the establishment of a particular class for a limited period in order that the value to the public of the existence of that class may be judged and the Council shall comply with any such direction.

• (2) The Minister may amend or revoke an order made under this section, including this subsection.

• (3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

PART VIII Miscellaneous

56. Arrangements with persons to assist Council.

56.—The Council may make and carry out arrangements with any person or body to assist the Council or any of its committees in the proper discharge of any of its functions.

57. Report by Council.

57.—The Council shall as soon as may be after the end of each year in which it is in office prepare and publish a report of its proceedings under this Act during the preceding year.

58. Publication of registers.

58.—(1) The Council shall print, publish and place on sale copies of any register maintained by it at intervals of not more than five years and, in each intervening year, the Council shall print, publish and place on sale a supplement to each such register.

• (2) The most recently published copy of each register maintained by the Council and any supplements thereof shall, at all times, be made available for inspection by any person, during office hours, by the chief executive officer of a health board at the headquarters of any health board established under the provisions of the Health Act, 1970.

• F47[(3) The Council may publish any register maintained by it on the Council website.]

59. Construction of references to registered dentists.

59.—Every reference to a registered dentist in any enactment or statutory instrument shall be construed as a reference to a person who is registered in the register.

60. Functions in relation to Directives adopted by Council of the European Communities.

60.—The Council shall carry out such functions as may be assigned to it from time to time by the Minister in relation to the implementation of any Regulation, Directive or Decision adopted or made by the Council of the European Communities relating to the practice of dentistry.

61. Assignment to Council of additional functions.

61.—(1) The Council shall carry out such functions additional to the functions assigned to it by this Act in relation to dental education or training or to other matters relating to the practice of dentistry and the persons engaged in such practice as the Minister may by order assign to it.

• (2) The Minister may amend or revoke an order made under this section, including this subsection.

• (3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

62. References in enactments etc. to Dental Board.

62.—Every reference to the Dental Board contained in any other enactment or any statutory instrument shall be construed as a reference to the Council.

63. Regulations.

63.—(1) The Minister may make regulations for the purposes of giving effect to any of the provisions of this Act.

• (2) Every regulation, other than a regulation made under section 9 (3)of this Act, made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

64. Regulations regarding adaptations.

64.—The Minister may by regulations make, in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.

65. Continuance in force of agreement.

65.—(1) Notwithstanding the repeal of the Dentists Act 1928, effected by this Act, the agreement specified in the First Schedule to that Act shall continue to have full force and effect until such time as the Minister, by order made under this section, declares that, pursuant to an agreement made between the Government and the Government of the United Kingdom, the said agreement shall cease to have effect.

• (2) An order made by the Minister under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary.

• (3) Nothing in this Act or in the agreement first referred to in subsection (1) of this section shall entitle a person who is registered in the Commonwealth or foreign list of the register maintained by the General Dental Council of the United Kingdom to be registered in the register.

66. General advisory functions of Council.

66.—(1) It shall be a function of the Council to advise the Minister, either at the request of the Minister or on its own initiative, on all matters relating to the functions assigned to the Council under this Act.

• (2) It shall be a function of the Council to give guidance to the dental profession generally on all matters relating to ethical conduct and behaviour.

• (3) It shall be a function of the Council to inform the public on all matters of general interest relating to the functions of the Council including any guidelines issued by the Council under subsection (2) of this section in relation to ethical conduct and behaviour.

67. Offences in relation to registers.

67.—(1) It shall be an offence for a person to make any false declaration or misrepresentation for the purpose of obtaining registration in any register maintained by the Council or to aid and abet the making of any such false declaration or misrepresentation.

• (2) A person who acts in contravention of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months, or to both such fine and such imprisonment.

• (3) Notwithstanding the provisions of section 10 (4) of the petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years from the commission of the offence.

67A. F48[Admissibility of certain documents relating to proceedings in State or other jurisdictions

67A.—(1) In any proceedings under this Act concerning a registered dentist, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

• (2) In any proceedings under this Act concerning a registered dentist, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

• (3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

• (4) In this section—

"final determination", in relation to any relevant proceedings and a registered dentist, means—

• (a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

• (b) if such an appeal is made—

• (i) the abandonment or withdrawal of the appeal, or

• (ii) the determination of the appeal,

whichever first occurs;

"registered dentist" includes a person who has made an application under this Act to have his or her name entered in a register maintained under this Act which has not yet been determined by the Council;

"relevant document", in relation to a registered dentist, means any of the following:

• (a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

• (b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

• (c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the dentist in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the dentist after the final determination of the proceedings;

• (d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the dentist in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

"relevant proceedings", in relation to a registered dentist, means any disciplinary or judicial proceedings (other than such proceedings under this Act), in respect of which the dentist is the subject—

• (a) in the State or another jurisdiction which may directly or indirectly result in the dentist—

• (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

• (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

• (b) in another jurisdiction which may result in the dentist being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

• (c) in the State which may result in the dentist being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

68. Prosecution of offences.

68.—Every offence under this Act may be prosecuted by the Council.

69. F49[Special measures registration having regard to Covid-19

69.—(1) A previous registrant may make an application to the Council to be registered in the register pursuant to this section.

• (2) Subject to subsections (3) to (8), the provisions of this Act shall, with all necessary modifications, apply to—

• (a) a section 69 registration as they apply to registration in the register effected by another section of this Act, and

• (b) a section 69 registrant as they apply to a registered dentist who is not a section 69 registrant.

• (3) No fee (including a retention fee) shall be charged for, or relating to, a section 69 application or a section 69 registration.

• (4) Where a previous registrant’s name is entered in the register pursuant to a section 69 registration, the Council shall enter in the register, or cause to be entered in the register, the term "(section 69 registration)" immediately after that name to indicate that his or her registration arises from the operation of this section.

• (5)
• (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 69 registration.

• (b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 69 registration, the Council shall remove from the register, or cause to be removed from the register, the latter entry at the same time as the first-mentioned entry is made.

• (c) The refusal of a section 69 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register.

• (6)
• (a) Subject to paragraph (b), a section 69 registrant who has not practised dentistry in the State or elsewhere for 2 years or more immediately before he or she became such registrant shall not practise dentistry.

• (b) Paragraph (a) shall not apply to a person who ceases to be a section 69 registrant by virtue of the operation of subsection (5)(b).

• (7)
• (a) Subject to subsection (8), each section 69 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

• (b) The Council shall remove from the register, or cause to be removed from the register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 69 registration.

• (8)
• (a) The Minister may, by order, specify a different date for the purposes of subsection (7) (including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

• (b) Section 63(2) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to a regulation made under this Act.

• (9) In this section—

"previous registrant" means a former registered dentist whose name was removed from the register pursuant to section 32(1);

"section 69 application" means an application under subsection (1);

"section 69 registrant" means a registered dentist who is such pursuant to—

• (a) the Council’s determination of a section 69 application, or

• (b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 69 application;

"section 69 registration" means a registration effected in the register pursuant to—

• (a) the Council’s determination of a section 69 application, or

• (b) a decision (howsoever called) of the High Court arising from the Council’s determination of a section 69 application.]

70. F50[Power to specify form of documents

70.—(1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

• (2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

• (a) include in the specified form of any document referred to in that subsection a statutory declaration—

• (i) to be made by the person completing the form, and

• (ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

• (b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

• (3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

• (4) A form specified under this section shall be—

• (a) completed in accordance with such directions and instructions as are specified in the form,

• (b) accompanied by such documents as are specified in the form, and

• (c) if the completed form is required to be provided to—

• (i) the relevant body,

• (ii) another person on behalf of the relevant body, or

• (iii) any other person,

so provided in the manner, if any, specified in the form.

• (5) Without prejudice to the generality of subsection (1), the Council may—

• (a) specify a form to be completed by a registered dentist in connection with the payment by the dentist of any fee determined under section 25(b), and

• (b) in that form, require the practitioner to supply the Council with such information that the dentist would have to supply the Council if the practitioner were not registered but were seeking registration.

• (6) In this section, "relevant body" means—

• (a) subject to paragraph (b), the Council, and

• (b) in relation to a function under this Act performed by the Fitness to Practise Committee, that Committee.]

71. F51[Notifications under Act

71.—(1) Where the Council, the Fitness to Practise Committee or the Registrar is required or authorised under this Act to notify a registered dentist or former registered dentist, or an auxiliary dental worker or former auxiliary dental worker, of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in any register maintained under this Act in which his or her name is or was (as the case may be) entered.

• (2) Where the Council or the Registrar is required or authorised under this Act to notify a person (not being a registered dentist or former registered dentist or auxiliary dental worker or former auxiliary dental worker) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

• (3) Where a notification under this Act has been sent to a person in accordance with subsection (1) or (2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.]

FIRST SCHEDULE Rules in Relation to Membership and Meetings of An Chomhairle Fiaclóireachat (The Dental Council)

Tenure of Office

Resignations and Termination of Membership

Casual Vacancies

• (b) Whenever a casual vacancy occurs among the members of the Council appointed by election, the Council, after consultation with the Minister, shall co-opt a person who would, pursuant to the provisions of this Act, be eligible for election to fill such vacancy and any person so co-opted shall serve as a member of the Council for such period as is unexpired of the term of office of the person whom he replaces.

Quorum

Meetings

President and Vice-President

9.—(1) The Council shall, from time to time, elect one of its members to be President of the Council and another of its members to be Vice-President of the Council.

• (2) A President and Vice-President of the Council, as the case may be, shall each hold office as such for such term as may be specified by the Council at the time of his appointment unless—

• (a) he ceases to be, or becomes disqualified from being, a member of the Council,

• (b) he resigns the office of President or Vice-President, as the case may be, and his resignation becomes effective under this paragraph,

• (c) the Council by a resolution, for which not less than two-thirds of the members of the Council vote, and of the intention to propose which not less than seven days notice is given to every member of the Council, terminates his appointment as President or Vice-President.

• (3) A President or Vice-President of the Council may at any time resign his office by giving notice in writing signed by him to the Council, but the resignation shall not become effective until the meeting of the Council next held after the receipt by the Council of the notice of resignation.

• (4) Whenever, at an election of the President or Vice-President of the Council, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be President or Vice-President, as the case may be.

Proceedings at Meetings

12.—(1) If the President, or in his absence the Vice-President, of the Council refuses to convene a meeting of the Council after a requisition for that purpose signed by not less than six members of the Council has been presented to him, any six members of the Council may forthwith convene a meeting of the Council.

• (2) If the President, or in his absence the Vice-President, of the Council, without so refusing, does not, within seven days after the presentation of a requisition for that purpose signed by not less than six members of the Council, convene a meeting of the Council, any six members of the Council may, on the expiration of those seven days, convene a meeting of the Council.

• (a) the President of the Council shall, if he is present, be the chairman,

• (b) if and so long as the President of the Council is not present, or if the office of President is vacant, the Vice-President of the Council shall, if he is present, be the chairman,

• (c) if and so long as the President of the Council is not present or the office of President is vacant and the Vice-President of the Council is not present or the office of Vice-President is vacant, the members of the Council who are present shall elect one of their number to be chairman of that meeting.

SECOND SCHEDULE Primary Qualifications