Legalize / United Kingdom / Public General Act

Dentists Act 1984

Type Public General Act

Publication 1984-06-26

Last updated 2025-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

(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;

(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

4

(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,

(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

6

(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

7

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

10

(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

11

(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

12

(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

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; ...

(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,

(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

15

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(3) A person shall not be entitled to be registered in the dentists register ... unless he satisfies the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character; and

(ba) that he has the necessary knowledge of English;

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4BA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4BB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4BC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4BD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8) In this section—

“adaptation period” means—in relation to registration under subsection (1)(d) in reliance on a specified state qualification in dentistry awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a dentist who is registered in the register by virtue of this section;in relation to registration under subsection (1)(d) in reliance on a specified state qualification in dentistry awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a dentist who is registered in the register by virtue of this section;

“aptitude test” means an assessment with the aim of determining whether a person has the requisite knowledge and skill;

“UK diploma in dentistry” has the meaning given by section 12A(2).

Supplementary provisions as to registration of holders of overseas diplomas

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary registration

17

(1) Where the Council, with a view to permitting any person holding an overseas diploma temporarily to practise dentistry in a particular post in a hospital or other institution, give a direction that he be registered as respects practice in that post in that hospital or institution for such period as may be specified in the direction, that person shall be entitled to be registered in the dentists register in accordance with this Act subject to the entry against his name of the restrictions specified in the direction.

(2) No direction shall be given under this section unless the persons concerned has satisfied the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character;

(d) that he has the necessary knowledge of English; and

(e) that he is in good health, both physically and mentally.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) Section 15A ... applies in relation to a person applying for registration under this section as if references to section 15(3)(ba) or (4)(d) were references to subsection (2)(d) of this section.

(4) Registration under this section shall not make it lawful for a person to practise dentistry otherwise than subject to the restrictions specified in the relevant direction nor constitute him a registered dentist for the purposes of Schedule 1 to this Act.

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

Procedure for registration

18

(1) Subject to subsections (3) to (5) below, any right to registration under section 15 above in the register shall be conditional on the making of an application supported by such evidence as is required by subsection (2) below.

(2) Any person applying to be registered in the register shall produce or send to the registrar—

(a) the document conferring or evidencing his licence or other qualification;

(b) a statement of his name and address and the other particulars (if any) required for registration.

(ba) the documents conferring, or evidencing that there is in force in relation to him or there will be as necessary for the purpose of complying with section 26A, appropriate cover under an indemnity arrangement.

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

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

(3) A dental authority may from time to time transmit to the registrar certified lists of the persons who are graduates or licentiates of that body in dentistry, stating the qualifications and places of residence of the persons included in the lists; and on receiving any such lists the registrar shall, subject to the provisions of this Act, duly register in the register those persons.

(4) Where the person applying to be registered under section 15 is the holder of a specified state qualification in dentistry, the person is not required to produce or send to the registrar more evidence than is necessary to demonstrate that the conditions falling to be satisfied before the person may be registered are satisfied.

(5) Where the person applying to be registered under section 15 is the holder of such a qualification, the registrar must accept certified copies of documents in place of original documents, unless the registrar requires original documents in order to preserve the integrity of the application process.

(6) For the purposes of subsection (5), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

Regulations with respect to the register

19

(1) The Council may make regulations with respect to the form and keeping of the register and the making of entries and erasures in it, and in particular—

(a) prescribing a fee to be charged on the entry of a name in the register or otherwise in connection with an application for registration or on the restoration of any entry to the register;

(b) prescribing a fee to be charged in respect of the retention in the register of the name of a person first registered after 28th July 1921 in any year subsequent to the year in which that person was first registered;

(c) providing for the registration in and removal from the register in prescribed circumstances of additional diplomas held by a registered dentist and prescribing a fee to be charged in respect of the registration;

(d) authorising the registrar (notwithstanding anything in this Act) to refuse to make any entry in the register or take any other action in connection with an application for registration or restore any entry to the register until a fee prescribed by regulations under this section has been paid.

(1ZA) If regulations under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration as the holder of a specified state qualification in dentistry, the fee must be—

(a) reasonable and proportionate to the cost of dealing with such a person’s application;

(b) transparent, and made public in advance; and

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Regulations under this section may authorise the registrar to erase from the register the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed under subsection (1)(b).

(2A) Where a person’s name has been erased by virtue of regulations under this section, that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of—

(a) section 15(3)(a) to (c);

(b) section 26A; and

(2B) Where the registrar refuses to restore a person’s name to the register under subsection (2A), the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Selection of proper abbreviations of overseas diplomas

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of reasons for refusal of application for registration etc.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of the register

22

(1) The registrar shall make available to members of the public in such form as he considers appropriate—

(a) the names of persons appearing in the register;

(b) the qualifications of persons appearing in the register; and

(2) For the purposes of subsection (1), the registrar may provide a member of the public with a copy of, or extract from, the register, and any such copy or extract shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.

Erasures and alterations in the register

Erasure of names of deceased persons and of those who have ceased to practise

23

(1) The registrar shall erase from the register the name of every deceased person; and on registering the death of a registered dentist a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar of the dentists register a copy certified under his hand of the entry in the register of deaths relating to the death.

(2) If a registered dentist has ceased to practise, the registrar may with his consent erase his name from the register.

(3) The registrar may send by post to a registered dentist a notice inquiring whether he has ceased to practise or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, he may erase the dentist’s name from the register.

(4) Where a person’s name has been erased from the register under subsection (2) or (3) or at his request, then, unless the original entry of his name was incorrectly made or fraudulently procured, the name shall be restored to the register on his application if he satisfies the registrar that he meets the requirements of—

(a) section 15(3)(a) to (c);

(b) section 26A; and

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

Erasure on grounds of fraud or error

24

(1) If the registrar is satisfied that any entry in the register has been incorrectly made, he shall erase that entry from the register.

(2) If the registrar has reason to believe that any entry in the register has been fraudulently procured, he shall refer the matter to the Professional Conduct Committee to determine the question of whether that entry has been fraudulently procured.

(3) If the Professional Conduct Committee determine that the entry has been fraudulently procured, they may direct that the entry shall be erased from the register.

(4) Where a person’s name has been erased from the register under subsection (3), that person may apply to the Council for his name to be restored to the register.

(5) The Council shall refer an application under subsection (4) to the Professional Conduct Committee.

(6) The Professional Conduct Committee shall determine an application referred under subsection (5) and may decide—

(a) that the person’s name is to be restored to the register;

(b) that the person’s name is not to be restored to the register; or

(7) If the Professional Conduct Committee give a direction under subsection (3) or a decision under subsection (6), the registrar shall forthwith serve on the person concerned notification of the direction or decision and (except in the case of a decision under subsection (6)(a)) of his right to appeal against it under section 29.

Alterations of names and addresses

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of titles and descriptions

26

(1) A registered dentist shall by virtue of being registered be entitled to take and use the description of dentist, dental surgeon or dental practitioner.

(2) A registered dentist shall not take or use, or affix to or use in connection with his premises, any title or description 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 particulars entered in the register in respect of him.

(3) If the Council are of opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, they may by regulations prescribe appropriate titles and conditions under which they may be used; and the use of a prescribed title under the prescribed conditions shall not constitute a contravention of subsection (2) above.

(4) In the case of any prescribed title regulations under subsection (3) above may provide—

(a) for a list to be kept by the Council of the names of registered dentists who are qualified under such regulations to use that title; and

(b) for any registered dentist who is so qualified to be entitled to have his name entered in the list;

and where regulations so provide as aforesaid nothing in that subsection shall permit that title to be used by any such dentist unless his name has been entered in the list.

(4A) The Council may make regulations—

(a) prescribing a fee to be charged on the entry of a name in a list for the time being kept by them under subsection (4), or on the restoration of any entry to such a list;

(b) prescribing a fee to be charged in respect of the retention of the name of a person in such a list.

(4B) Regulations under subsection (4A) may in particular authorise the registrar—

(a) to refuse to make in or restore to a list for the time being kept by the Council under subsection (4) any entry until a fee prescribed by the regulations has been paid; and

(b) to erase from such a list the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed by the regulations in respect of the retention of a person’s name in that list.

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

(6) Any person who contravenes subsection (2) ... above shall be liable on summary conviction to a fine not exceeding the third level on the standard scale.

(7) The Council shall from time to time publish any list for the time being kept by them under subsection (4).

Professional conduct and fitness to practise

Erasure or suspension of registration for crime or misconduct

27

(1) This section applies where an allegation is made to the Council against a registered dentist that his fitness to practise as a dentist is impaired.

(2) A person’s fitness to practise as a dentist shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a) misconduct;

(b) deficient professional performance;

(d) a conviction or caution in the United Kingdom for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(e) the person having—

(i) accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal), or

(ii) agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);

(f) the person, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely; or

(g) a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that the person’s fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

(3) It does not matter whether the allegation is based on a matter alleged to have occurred—

(a) outside the United Kingdom; or

(b) at a time when the person was not registered in the register.

(4) This section also applies in a case where—

(a) it comes to the attention of the Council that a registered dentist’s fitness to practise as a dentist may be impaired on one or more of the grounds mentioned in subsection (2), but

(b) no allegation to that effect has been made to the Council against that person,

and in such a case this Act shall apply as if an allegation or allegations to the effect that the person’s fitness to practise as a dentist is impaired on the ground or grounds in question had been made to the Council against that person.

(5) The registrar—

(a) shall refer the allegation to the Investigating Committee; and

(b) may, at any time before the Investigating Committee have begun to consider the allegation, refer the allegation to the Interim Orders Committee if he considers it appropriate.

(6) The registrar shall investigate the allegation for the purpose of—

(a) determining whether it is an allegation in relation to which this section applies, and

(b) if he determines that it is, determining whether to refer the allegation to the Interim Orders Committee under subsection (5)(b).

(6A) Rules may make provision for enabling the registrar to review a determination under subsection (6)(a) that the allegation is not an allegation in relation to which this section applies (including provision as to the action which may be taken following a review).

(7) In this section—

(a) “enactment” includes—

(i) a provision of, or an instrument made under, an Act of the Scottish Parliament,

(ii) a provision of, or an instrument made under, Northern Ireland legislation, and

(iii) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978); and

(b) “regulatory body” means a regulatory body which has the function of authorising persons to practise as members of a health or social care profession.

Powers of Health Committee

28

(1) A person whose name has been erased from the register in accordance with a direction under section 27B(6)(a) may apply to the registrar for his name to be restored to the register.

(2) No application under this section for the restoration of a person’s name to the register shall be made—

(a) before the end of the period of five years beginning with the date on which the direction for erasure took effect; or

(b) within twelve months of the date on which an earlier application for the restoration of his name was made.

(3) The registrar shall refer an application to the Professional Conduct Committee.

(4) When considering an application, the Professional Conduct Committee may, if they consider it necessary and appropriate in a particular case, direct the applicant to do one or both of the following—

(a) produce such evidence as to his fitness to practise as a dentist as the Professional Conduct Committee shall specify;

(b) meet such further requirements, including requirements as to education and training, as the Professional Conduct Committee shall specify.

(5) An application shall not be granted unless the applicant satisfies the Professional Conduct Committee that—

(a) he is fit to practise as a dentist;

(b) he meets the requirements of section 15(3)(a) to (c);

(d) he meets any other requirements imposed in a direction under subsection (4)(b).

(6) Where the Professional Conduct Committee grant an application, they may give one or both of the following directions—

(a) a direction that the restoration of a person’s name to the register shall be conditional on his satisfying the registrar that he meets the requirements of section 26A (insurance);

(b) a direction that a person’s registration in the register shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such conditions specified in the direction as the Professional Conduct Committee think fit to impose for the protection of the public or in his interests.

(7) If the Professional Conduct Committee refuse to grant an application, the registrar shall forthwith serve on the applicant notification of the Professional Conduct Committee’s decision and of his right to appeal against it under section 29.

(8) If the Professional Conduct Committee grant an application, the registrar shall forthwith serve on the applicant notification of the Professional Conduct Committee’s decision, and, in a case where a direction has been given under subsection (6)(b), of his right to appeal against that direction under section 29.

(9) Where, during the same period of erasure, a second or subsequent application under this section by the same person is unsuccessful, the Professional Conduct Committee may direct that his right to make any further such applications shall be suspended indefinitely.

(10) If the Professional Conduct Committee give a direction under subsection (9), the registrar shall forthwith serve on the person concerned notification of the direction and of his right to appeal against it under section 29.

(11) Any person in respect of whom a direction has been given under subsection (9) may, after the end of the period of three years beginning with the date on which the direction took effect, apply to the registrar for the direction to be reviewed by the Professional Conduct Committee and, thereafter, may make further applications for review; but no such application may be made before the end of the period of three years beginning with the date of the most recent review decision.

(12) On a review under subsection (11), the Professional Conduct Committee may—

(a) confirm the direction under subsection (9); or

(b) direct that the person concerned may make an application under subsection (1).

Appeals

29

(1) The following decisions are appealable decisions for the purposes of this section—

(a) a decision of the Professional Conduct Committee under section 24—

(i) giving a direction for erasure of a person’s name from the register under subsection (3) of that section, or

(ii) refusing an application to restore a person’s name to the register, or refusing to restore his name until the end of a specified period, under subsection (6) of that section;

(b) a decision of a Practice Committee under section 27B or 27C giving a direction for erasure, for suspension, for conditional registration or for varying or adding to the conditions imposed by a direction for conditional registration;...

(i) refusing to grant an application to restore a person’s name to the register,

(ii) giving a direction for conditional registration under subsection (6)(b) of that section, or

(iii) giving a direction under subsection (9) of that section suspending indefinitely the right to make further applications under that section.

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

(1A) In subsection (1)—

(a) a reference to a direction for suspension includes a reference to a direction extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction for conditional registration includes a reference to a direction extending a period of conditional registration.

(1B) Subject to subsection (1C), a person in respect of whom an appealable decision has been made may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 24(7), 27B(8), 27C(6) or 28(7), (8) or (10), ... appeal against the decision to the relevant court.

(1C) Where—

(a) any notification of a decision required to be served on a person under any of the provisions specified in subsection (1B) is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.

(1D) In subsection (1B) “the relevant court”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session;

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court in Northern Ireland; and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) On an appeal under this section, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against ...,

(c) substitute for the decision appealed against any other decision which could have been made by ... the Professional Conduct Committee, the Professional Performance Committee or (as the case may be) the Health Committee, or

(d) remit the case to ... the Professional Conduct Committee, the Professional Performance Committee or (as the case may be) the Health Committee to dispose of the case under section 24, 27B, 27C or 28 in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(4) The Council may appear as respondent on any appeal under this section; and for the purpose of any order as to costs (or, in Scotland, expenses) in relation to any such appeal the Council shall be deemed to be a party to it, whether they appear on the hearing of the appeal or not.

Time when determinations and directions normally take effect and orders for immediate suspension

30

(1) On giving a direction for erasure or for suspension under section 24(3), section 27B(6)(a) or (b) or section 27C(2)(d) or (3) in respect of any person, the Practice Committee giving the direction, if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of that person, may order that his registration shall be suspended forthwith in accordance with this section.

(2) On giving a direction for conditional registration under section 27B(6)(c), section 27C(1)(c) or (5)(c) or section 28(6)(b) in respect of any person, the Practice Committee giving the direction, if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of that person, may order that his registration shall be made conditional forthwith in accordance with this section.

(3) Where, on the giving of a direction, an order under subsection (1) or (2) is made in respect of a person, his registration in the register shall, subject to subsection (6), be suspended or made conditional, as the case may be, from the time when the order is made until the time when—

(a) the direction takes effect in accordance with section 29A;

(b) an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) Where a Practice Committee make an order under subsection (1) or (2), the registrar shall forthwith serve on the person in respect of whom it is made notification of the order and of his right to make an application under subsection (7).

(5) Where a Practice Committee make an order under subsection (1) or (2) in respect of a person, and an interim order under section 32 in respect of that person has been revoked by virtue of section 27B(9), that revocation shall take effect, subject to subsection (6), from the time when the order under subsection (1) or (2) is made.

(6) If, when an order under subsection (1) or (2) is made, the person in respect of whom it is made is neither present nor represented at the proceedings, subsections (3) and (5) shall have effect as if, in each case, for the reference to the time when the order is made, there were substituted a reference to the time when notification of the order is served under subsection (4).

(7) A person in respect of whom an order under subsection (1) or (2) is made may apply to the court for an order terminating any suspension imposed under subsection (1) or any conditional registration imposed under subsection (2), and the decision of the court on any such application shall be final.

(8) In subsection (7) “the court”—

(a) in the case of a person whose address in the register is in Scotland, means the Court of Session;

(b) in the case of a person whose address in the register is in Northern Ireland, means the High Court in Northern Ireland; and

Special provisions where directions replace, or extend periods under, previous directions

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders for interim suspension

32

(1) This section applies to the Professional Conduct Committee, the Professional Performance Committee, the Health Committee and the Interim Orders Committee, and any reference in this section to a “Committee” is a reference to any of those Committees.

(2) The Interim Orders Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the registrar under section 27(5)(b);

(b) by the Investigating Committee under section 27A(4A) or (6A); or

(3) A Practice Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the Investigating Committee under section 27A(4)(a) or (6)(a); or

(b) by another Practice Committee in accordance with rules under paragraph 7(1)(a) of Schedule 3.

(4) Where a Committee are satisfied that it is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the person’s registration to be suspended or to be made subject to conditions, the Committee may make—

(a) an order that his registration in the register shall be suspended during such period not exceeding 18 months as may be specified in the order (an “interim suspension order”); or

(b) an order that his registration shall be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions so specified as the Committee think fit to impose (an “order for interim conditional registration”).

(5) Subject to subsection (11), where a Committee have made an interim suspension order or an order for interim conditional registration they—

(a) shall review it within the period of six months beginning with the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—

(i) before the end of the period of six months beginning with the date of the decision of the immediately preceding review, or

(ii) if after the end of the period of three months beginning with the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and

(b) may review it where new evidence relevant to the order has become available after the making of the order.

(6) Where an interim suspension order or an order for interim conditional registration has been made in relation to a person under any provision of this section (including this subsection), the Committee that made the order may—

(a) revoke the order;

(b) make an order adding to, varying or revoking any condition imposed by the order;

(c) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former; or

(d) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former.

(7) If a Committee make an order under any provision of this section—

(a) the registrar shall forthwith serve notification of the order on the person to whose registration it relates; and

(b) that order shall take effect from the time on which the notification mentioned in paragraph (a) is served.

(8) The Council may apply to the court for an order made by a Committee under subsection (4) or (6) to be extended, and may apply again for further extensions.

(9) On each such application the court may extend (or further extend) for up to twelve months the period for which the order has effect.

(10) Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.

(11) For the purposes of subsection (5) the first review after the court’s extension of an order made by a Committee or after a replacement order made by a Committee under subsection (6)(c) or (d) shall take place—

(a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (5), within the period of six months beginning with the date on which the court ordered the extension or on which a replacement order under subsection (6)(c) or (d) was made; and

(b) if it had been reviewed under subsection (5), within the period of three months beginning with that date.

(12) Where an interim order has effect under any provision of this section, the court may—

(a) in the case of an interim suspension order, terminate the suspension,

(b) in the case of an order for interim conditional registration, revoke the order or revoke, vary or add to any condition imposed by the order,

(c) in either case, substitute for the period specified in the order (or in an order extending it) some other period which could have been specified in the order (or in the order extending it) when it was made,

and the decision of the court on any application under this subsection shall be final.

(13) In this section “the court” has the meaning given by section 30(8).

Supplementary provisions relating to professional conduct and health cases

33

(1) While a person’s registration in the register is suspended by virtue of a direction or order under this Part—

(a) he shall be treated, except as provided in subsection (2), as not being registered in the register notwithstanding that his name still appears in it; but

(b) sections 27, 27A, 27B and 27C shall continue to apply to him.

(2) While a person’s registration in the register is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 34A as if his registration were not suspended.

(3) Where any such direction as is mentioned in section 27C(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given while a person’s registration is subject to conditions or suspended by virtue of a direction under this Part, his registration shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration would cease to be conditional or suspended, as the case may be, and the time when—

(a) the direction takes effect in accordance with section 29A;

(b) an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4) If, on the determination of an appeal under section 29, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

(5) Subsection (3) is subject to any order made under section 30(1) or (2).

(5A) In exercising a function under section 27B, 27C or 28, a Practice Committee (or any panel by which the function is exercisable as mentioned in section 2(6A)) must have regard to the over-arching objective.

(6) Schedule 3 to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) shall have effect.

Restoration of name erased under s. 27

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of disqualification in a relevant European State

Effect on registration of disqualification in another member State

35

(1) A person who is subject to a disqualifying decision in a relevant European State in which he is or has been established in dental practice shall not be entitled to be registered under section 15(1)(c) in reliance on a relevant European diploma above.

(2) A disqualifying decision in a relevant European State in respect of a person is a decision made by responsible authorities in that State and—

(a) expressed to be made on the grounds that he has committed a criminal offence or on grounds related to his professional conduct, professional performance or physical or mental health, and

(b) having in that State the effect either that he is no longer registered or otherwise officially recognised as a dental practitioner, or that he is prohibited (whether on a permanent or temporary basis) from practising there.

(3) If a person has been registered under section 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before IP completion day, when he was subject to a disqualifying decision the registrar, on being satisfied that the person was at that time and still is subject to the decision, shall remove his name from the register.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where on or after the date on which a person was registered by virtue of section 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before IP completion day, a disqualifying decision relating to him comes into force, this Part shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.

Visiting dentists from relevant European States

Visiting EEC practitioners

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Restrictions on Practice of Dentistry and on Carrying on Business of Dentistry

The practice of dentistry

Definition of practice of dentistry

37

(1) Subject to subsection (1A), for the purposes of this Act, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances shall be deemed to have practised dentistry within the meaning of this Act.

(1A) For the purposes of this Act, the practice of dentistry shall be deemed not to include the performance of any medical task by a person who—

(a) is qualified to carry out such a task; and

(b) is a member of a profession regulated by a regulatory body (other than the Council) listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.

(2) Dental work to which subsection (2A) or (2B) applies shall not be treated for the purposes of this Act as amounting to the practice of dentistry if it is undertaken under the direct personal supervision of—

(a) a registered dentist; or

(b) a registered dental care professional of a kind authorised in rules under this section to carry out such supervision.

(2A) This subsection applies to dental work if it is undertaken—

(a) by a person recognised by a dental authority as a student of dentistry or by a medical authority as a medical student; and

(b) as part of a course of instruction or training approved by that authority for students of that kind or as part of an examination so approved.

(2B) This subsection applies to dental work if it is undertaken by a person as part of—

(a) a course of instruction or training which he is following in order to qualify for registration in the dental care professionals register under a particular title or titles; or

(b) an examination which he must pass in order to satisfy the requirements for registration in that register under a particular title or titles.

(2C) Subsection (2) does not have effect in relation to dental work that is done by a person as part of an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E).

(3) In this section “medical authority” means a body or combination of bodies included in the list maintained under section 4(1) of the Medical Act 1983 (qualifying examinations and primary United Kingdom qualifications) which is entitled to hold qualifying examinations for the purpose of granting one or more primary United Kingdom medical qualifications.

Prohibition on practice of dentistry by laymen

38

(1) A person who is not a registered dentist or a registered dental care professional shall not practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry.

(1A) A specified state professional undertaking an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E) does not contravene subsection (1) by practising dentistry or by holding out as regards practising or being prepared to practise dentistry if the practising of dentistry is done as part of the adaptation period or (as the case may be) the holding out relates only to the practising of dentistry as part of the adaptation period.

(2) Any person who acts in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

(3) Summary proceedings for an offence under this section may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than two years after the commission of the offence.

(4) For the purposes of subsection (3) above a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as is mentioned in that subsection came to his knowledge shall be conclusive evidence of that date, and any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

Prohibition on use of practitioners' titles by laymen

39

(1) A person shall not take or use the title of dentist, dental surgeon or dental practitioner, either alone or in combination with any other word, unless he is a registered dentist ....

(2) No person shall take or use any title or description implying that he is a registered dentist unless he is a registered dentist.

(2A) A person who is not a registered dental care professional shall not take or use any title specified in regulations under section 36A(2), either alone or in combination with any other word.

(2B) No person shall take or use any title or description implying that he is a registered dental care professional unless he is a registered dental care professional.

(3) Any person who acts in contravention of this section shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

Restrictions on carrying on the business of dentistry

Definition of business of dentistry

40

(1) For the purposes of this Act a person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member receives payment for services rendered in the course of the practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.

(2) Notwithstanding subsection (1) above, the receipt of payments—

(a) by an authority providing national health services, or

(aa) by a person providing primary dental services ... under a contract under section 100 of the National Health Service Act 2006 or an agreement under section 107 of that Act, or ... under a contract under section 57 of the National Health Service (Wales) Act 2006 or an agreement under section 64 of that Act, or

(ab) by a person (other than one falling within paragraph (a) above) providing personal dental services under section 28C of the National Health Service Act 1977 or section 17C of the National Health Service (Scotland) Act 1978 , or

(ac) by a person (other than one falling within paragraph (a) above) providing personal dental services under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 , or

(b) by a person providing dental treatment for his employees without a view to profit, or

(c) by a person providing dental treatment without a view to profit dental treatment without a view under conditions approved by the Secretary of State or the Department of Health and Social Services for Northern Ireland,

shall not constitute the carrying on of the business of dentistry for the purposes of this Act.

Restriction on individuals

41

(1) Subject to the provisions of this section, an individual who is not a registered dentist shall not carry on the business of dentistry unless—

(a) he was engaged in carrying on the business of dentistry on 21st July 1955; or

(b) he falls within a class of registered dental care professionals prescribed in rules under this section.

(1A) For the purposes of this section, an “authorised dental care professional” means an individual who falls within subsection (1)(b).

(1B) Any individual who contravenes this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) The exemption conferred by subsection (1)(a) on persons who were carrying on the business of dentistry on the date there mentioned shall not extend to any person who has at any time ceased to be a registered dentist in consequence of a Practice Committee giving a direction under section 27B or 27C or making an order under section 30(1) for the erasure of his name from the register, or for the suspension of his registration, following a relevant determination that his fitness to practise as a dentist is impaired.

(2A) For the purposes of subsection (2), a “relevant determination” that a person’s fitness to practise is impaired is a determination which is based solely on one or more of the grounds mentioned in paragraph (a), (d), (e), (f) or (g) of subsection (2) of section 27 (misconduct etc.).

(3) This section shall not operate to prevent a person from carrying on the business of dentistry during any period for which—

(a) his registration in the register is suspended by virtue of a direction given by a Practice Committee under section 27B or 27C, or an order made by a Practice Committee under section 30(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 27 (adverse physical or mental health), that his fitness to practise is impaired, or

(b) his registration in the dental care professionals register is suspended by virtue of a direction given by a Practice Committee under section 36P or 36Q, or an order made by a Practice Committee under section 36U(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 36N (adverse physical or mental health), that his fitness to practise is impaired,

and subsections (4) and (6) shall apply in relation to a person whose registration is so suspended as they apply in relation to a registered dentist or an authorised dental care professional.

(4) Where a registered dentist or authorised dental care professional who died after 3rd July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his personal representatives or his surviving spouse or his surviving civil partner or any of his children, or trustees on behalf of his surviving spouse or his surviving civil partner or any of his children, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with his death.

(5) Where a registered dentist ... who died before 4th July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his widow, or trustees on behalf of his widow, from carrying on the business of dentistry in continuance of that business or practice at any time during her life.

(6) Where a registered dentist or authorised dental care professional becomes bankrupt at a time when he is carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his trustee in bankruptcy, or in Northern Ireland the official assignee, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with the bankruptcy.

(7) Rules made under subsection (1)(b) shall not be amended or revoked in such a way that any class of registered dental care professionals prescribed in those rules ceases thereafter to be prescribed.

Restriction on bodies corporate

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bodies corporate entitled to carry on business of dentistry

43

(1) A body corporate commits an offence if it carries on the business of dentistry at a time when a majority of its directors are not persons who are either registered dentists or registered dental care professionals.

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