Dentists Act 1984

Part I — The General Dental Council

Professional advisers

1

• (1) There shall continue to be a body corporate known as the General Dental Council (in this Act referred to as “the Council”).

• (1ZA) The over-arching objective of the Council in exercising their functions under this Act is the protection of the public.

• (1ZB) The pursuit by the Council of their over-arching objective involves the pursuit of the following objectives—

• (a) to protect, promote and maintain the health, safety and well-being of the public;

• (b) to promote and maintain public confidence in the professions regulated under this Act; and

• (c) to promote and maintain proper professional standards and conduct for members of those professions.

• (1A) When exercising their functions under this Act, the Council shall have proper regard for—

• (a) the interests of persons using or needing the services of registered dentists or registered dental care professionals in the United Kingdom; and

• (b) any differing interests of different categories of registered dentists or registered dental care professionals.

• (2) The Council shall, when exercising their functions under this Act, have a general concern—

• (a) to promote high standards of education at all its stages in all aspects of dentistry; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) The Council shall be constituted as provided by order of the Privy Council.

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Part I of Schedule 1 to this Act shall have effect in relation to the Council and, in particular, subsection (2A) above is subject to the provisions of that Part.

Committees of the Council

2

• (1) There shall continue to be committees of the Council known as—

• (a) the Professional Conduct Committee; and

• (b) the Health Committee.

• (2) There shall also be established committees of the Council to be known as—

• (a) the Investigating Committee;

• (b) the Professional Performance Committee;

• (c) the Interim Orders Committee; and

• (d) the Registration Appeals Committee.

• (3) In this Act, “Practice Committee” means the Professional Conduct Committee, the Health Committee or the Professional Performance Committee.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The committees of the Council mentioned in this section shall be constituted as provided by rules.

• (6A) Rules made under subsection (6) may provide for the functions of a committee of the Council mentioned in this section to be exercised by one or more panels comprised of members of the committee and may make provision with regard to the constitution of the panels.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Dental Education

Degrees and licences in dentistry

Publication of the register

3

• (1) Any medical authority who have power for the time being to grant surgical degrees may, notwithstanding anything in any enactment, charter or other document, hold examinations in dentistry and grant licences certifying the fitness of the holders to practise dentistry; and the holders’ names shall be entered on a list of licentiates in dentistry to be kept by the medical authority.

• (2) Subsection (1) above is without prejudice to any power to grant a degree or licence in dentistry which a medical authority may possess apart from the provisions of this Act.

• (3) In this section “medical authority” means any of the universities or other bodies who choose appointed members of the General Medical Council, ...

• (4) References in this Act to a dental authority are references to a medical authority who grant degrees, licences or other diplomas in dentistry.

Conduct of examinations for degrees and licences

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• (1) For the purpose of any examinations to qualify for a degree or licence in dentistry held by—

• (a) any university in England or Wales, Scotland or Northern Ireland,

• (b) the Royal College of Surgeons of Edinburgh,

• (c) the Royal College of Physicians and Surgeons of Glasgow, . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Council or other governing body of the university or college may appoint a board of examiners.

• (2) Each of these boards shall be called the Board of Examiners in Dental Surgery or Dentistry, and shall consist of not less than six members, of whom at least one half shall be registered dentists; and nothing in any enactment, charter or other document shall make it necessary for them to possess any other qualification.

• (3) Persons appointed under this section shall continue in office for such period, and shall conduct the examinations in such manner, as the governing body appointing them may by byelaws or regulations direct.

• (4) A casual vacancy in any such board of examiners may be filled by the governing body which appointed the board and the person so appointed—

• (a) shall be a registered dentist if the person in whose place he is appointed was a registered dentist, and

• (b) shall hold office for such time only as that other person would have held office.

• (5) Such reasonable fees shall be paid for a degree or licence awarded after examination by a board of examiners under this section as the governing body by whom they were appointed may by byelaws or regulations direct and the degrees or licences awarded after examination by the board of examiners shall be in such form as that governing body may so direct.

• (6) All byelaws and regulations made by a dental authority under this section, and any further byelaws or regulations altering or revoking them, shall be made in such manner, and subject to such approval or confirmation, if any, as in the case of other byelaws or regulations made by that dental authority.

Holding of examinations and grant of licences by Royal College of Surgeons of England

5

The Royal College of Surgeons of England shall continue to hold examinations, and to appoint a board of examiners in dentistry, and to grant licences certifying the fitness of the holders to practise, subject to and in accordance with the provisions of their charter dated 8th September 1859 and the bye-laws made in pursuance of that charter; and the name of the holder of any licence so granted shall be entered on a list of licentiates in dentistry to kept by the College.

Requirements in relation to admission of candidates to examinations and grant of degrees and licences

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• (1) A dental authority shall admit to the examinations held by them to qualify for a degree or licence in dentistry any person desirous of being examined who has complied with the regulations in force (if any) as to education laid down by the dental authority.

• (2) Notwithstanding anything in any enactment, charter or other document, a dental authority shall not grant a degree or licence in dentistry to a person who has not attained the age of 21 years.

Effect of grant of degree or licence in dentistry

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A degree or licence in dentistry granted by a dental authority shall not confer any right or title to be registered under the Medical Act 1983, nor to assume any name, title or designation implying that the holder of the degree or licence is by law recognised as a practitioner or licentiate in medicine or general surgery.

Supervision of dental education

Information to be furnished by dental authorities

8

Every dental authority shall from time to time when required by the Council furnish them with such information as the Council may require—

• (a) as to the course of study and examinations to be gone through in order to obtain a degree or licence in dentistry, or any additional diploma in dentistry, and

• (b) generally as to the conditions laid down for obtaining such a degree, licence or diploma.

Supervision of instruction given by dental schools and postgraduate institutions

9

• (1) The Council may appoint persons to visit, subject to any directions which the Privy Council may deem it expedient to give and to compliance with any conditions specified in those directions, places where instruction is given—

• (a) to dental students under the direction of a dental authority, or

• (b) to post-graduate students in dentistry under the direction of a dental authority or any other body.

• (2) Visitors appointed under this section shall report to the Council as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by the Council either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.

• (3) On receiving a report of a visitor under this section, the Council shall send a copy of the report to the dental authority or other body under whose direction the instruction in question was given, and on receiving the copy that dental authority or body may, within such period (not being less than one month) as the Council may have specified at the time they sent the copy of the report, make to the Council observations on the report or objections to it.

• (4) The Council shall, as soon as possible after the end of the period specified under subsection (3) above, send to the Privy Council a copy of the report and of any observations or objections duly made under that subsection, together with the Council’s comments on the report and on any such observations and objections.

• (5) The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under this section.

Supervision of examinations

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• (1) Any member of the Council or other person, being a member or person appointed for the purpose by the Council, may be present at any such examinations as are mentioned in section 8(a) above.

• (2) The Council shall have power to remunerate persons so appointed who are not members of the Council for being present at the examinations.

Remedy where qualifying courses of study or examinations are inadequate

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• (1) Where it appears to the Council that the course of study or the examinations to qualify for a degree or licence in dentistry granted by a dental authority is or are not such as to secure the possession by the graduates or licentiates of the requisite knowledge and skill for the efficient practice of dentistry, the Council may make a representation to that effect to the Privy Council; and on any such representation the Privy Council may, if they think fit, order that any degree or licence in dentistry granted by the dental authority after a time specified in the order shall not confer any right to be registered under this Act.

• (2) The powers conferred by subsection (1) above upon the Council to make representations and upon the Privy Council to make orders may be exercised in respect of a specifically described degree or licence in dentistry granted by a dental authority.

• (3) If an order is made under this section in respect of any degree or licence in dentistry granted by a dental authority, no person shall be entitled to be registered under this Act in respect of any such degree or licence granted after the time mentioned in the order.

• (4) The Privy Council may, if it appears to them on a further representation from the Council or otherwise that the dental authority in question has made effectual provision to the satisfaction of the Council for the improvement of the course of study or examinations, revoke an order made under this section, but the revocation shall not entitle a person to be registered in respect of a degree or licence in dentistry granted before the revocation.

• (5) Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just.

Candidates not to be required to adopt or reject particular theories of dentistry

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• (1) If it appears to the Council that a dental authority have attempted to impose on any candidate offering himself for examination an obligation to adopt, or to refrain from adopting, the practice of any particular theory of dentistry as a test or condition of admitting him to examination or of granting a degree or licence in dentistry, the Council may make a representation to that effect to the Privy Council.

• (2) On any such representation the Privy Council may direct the authority to desist from attempting to impose any such obligation, and if the authority do not comply with the direction the Privy Council may order that the authority shall cease to have power to grant degrees or licences in dentistry so long as they continue to attempt to impose any such obligation.

• (3) Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just.

Functions of Education Committee

Functions of Education Committee

13

Part III — The Dental Profession

Registration

The dentists register and the registrar

14

• (1) There shall continue to be a register known as the dentists register (referred to in this Act as “the register”).

• (1A) The register shall consist of two lists, namely—

• (a) the principal list, which shall contain particulars of persons who under section 15 are entitled to be registered in the register; and

• (b) the list of temporary registrants, which shall contain particulars of persons who under section 17 are directed to be registered in the register; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The register shall be kept by a registrar appointed by the Council.

• (3) Any person appointed to the office of registrar shall hold the office for such period and shall receive such salary as may be fixed by the Council.

• (4) The registrar shall perform such duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears to him sufficient.

• (5) The registrar may delegate, either generally or specifically, any of his functions to any of the Council’s officers.

• (6) A certificate purporting to be signed by the registrar, certifying that a person—

• (a) is registered in the register,

• (b) is not registered in the register,

• (c) was registered in the register at a specified date or during a specified period,

• (d) was not registered in the register at a specified date or during a specified period, or

• (e) has never been registered in the register,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.

Qualification for registration in the dentists register

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• (1) Subject to the provisions of this Act the following persons shall be entitled to be registered in the dentists register in accordance with this Act, namely—

• (a) any person who is a graduate or licentiate in dentistry of a dental authority; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any person who—

• (i) holds an overseas diploma in dentistry, and

• (ii) has satisfied the Council that the person has the requisite knowledge and skill (see sections 16A (requisite knowledge and skill: holders of overseas diplomas) and 16B (requisite knowledge and skill: recognition of overseas diplomas)); and

• (d) any person who—

• (i) holds a specified state qualification in dentistry that is not a relevant European diploma, and

• (ii) has met the requirement specified in relation to that person under section 15ZA.

• (1A) Subsection (1)(c)(ii) does not apply to a person whose application under this section is made in reliance on a relevant European diploma.

• (1B) Subsection (1)(c)(ii) does not apply to a person who is entitled to be registered under subsection (1)(d).

• (2) In this Act “overseas diploma” means—

• (a) a relevant European diploma, or

• (b) any other diploma granted in a country overseas.

• (2ZA) In this Act “relevant European diploma” means—

• (a) an appropriate European diploma, within the meaning given by Schedule 2, that has not been designated by the Council for the purposes of this paragraph, or

• (b) a dental qualification that is not an appropriate European diploma but—

• (i) was granted in a relevant European State, and

• (ii) demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a UK diploma in dentistry ....

• (2ZB) The Council—

• (a) may designate a diploma for the purposes of subsection (2ZA)(a) only with the approval of the Privy Council;

• (b) must maintain and publish a list of the diplomas that are so designated.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) The Council may determine that a specified state qualification in dentistry does not meet the standard in subsection (2ZA)(b)(ii) only where one or more of Conditions 1 to 3 are met.

• (2C) Condition 1 is met where there exists a substantial difference between the level of knowledge and skill demonstrated by the specified state qualification and the level of knowledge and skill demonstrated by a UK diploma in dentistry.

• (2D) Condition 2 is met where the professional activities to which a UK diploma in dentistry relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

• (2E) Condition 3 is met where requiring an applicant to take an aptitude test or to complete an adaptation period, or to do both, would amount to requiring the applicant to acquire a UK diploma in dentistry.