Dentists Act 1984

• (2) Where a person is the subject of a decision erasing his name from, or suspending him from, a register kept by any of the regulatory bodies listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, that person commits an offence if he is a director of a body corporate carrying on the business of dentistry at any time when such an erasure or suspension remains in effect.

• (3) Any body corporate committing an offence under subsection (1), or any person committing an offence under subsection (2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Withdrawal of privilege from body corporate

44

• (1) The Professional Conduct Committee may, subject to subsection (5), impose a financial penalty on a body corporate if condition A or condition B is satisfied.

• (2) Condition A is satisfied if, at a time when the body corporate is carrying on the business of dentistry, the name of a director of the body corporate is erased—

• (a) from the register by virtue of a direction under section 27B(6)(a); or

• (b) from registration in the dental care professionals register under any title by virtue of a direction under section 36P(7)(a).

• (3) Condition B is satisfied if at a time when the body corporate is carrying on the business of dentistry the name of a member of the staff of the body corporate is so erased, and in the opinion of the Professional Conduct Committee—

• (a) the act or omission leading to the erasure was instigated, or connived at, by a director of the body corporate; or

• (b) if the act or omission was a continuing act or omission, a director of the body corporate had, or reasonably ought to have had, knowledge of its continuation.

• (4) A financial penalty imposed under subsection (1)—

• (a) must not exceed £50,000; and

• (b) is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.

• (5) The Professional Conduct Committee shall not take a case into consideration under subsection (1) while proceedings by way of appeal are pending which may result in a decision that the name of the director or member of staff of the body corporate (as the case may be) should not be erased as described in subsection (2), or during the period in which any such proceedings may be brought.

• (6) If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (4)(a) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in subsection (4)(a) such higher sum as appears to the Council justified by the change.

• (7) The Council shall publish an order under subsection (6) in such form as they consider appropriate.

• (8) An order under subsection (6) shall not have effect in relation to any case where the erasure of the name which gave rise to the penalty occurred before the order came into force.

• (9) Where the Professional Conduct Committee determine to impose a financial penalty on a body corporate under subsection (1), the registrar shall forthwith serve on the body corporate notification of—

• (a) the imposition of the penalty;

• (b) the amount of the penalty;

• (c) the period within which it is to be paid; and

• (d) the body corporate’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).

• (10) Subject to subsection (11), the Council may recover the financial penalty from the body corporate if the penalty is not paid within the period specified under subsection (4)(b).

• (11) A penalty may not be recovered under subsection (10) while proceedings by way of appeal under section 44B(2) are pending, or during the period in which any such proceedings may be brought.

• (12) The Council shall pay any sum paid as a financial penalty, or recovered under subsection (10), into the Consolidated Fund.

• (13) References in this section to the erasure of the name of a director or member of staff of a body corporate include references to the erasure of the name of any person who was a director or member of staff of the body corporate at the time of the act or omission leading to the erasure.

Part V — Dental Auxiliaries

Establishment by Council of classes of dental auxiliaries

45

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

Restrictions on employment of dental auxiliaries

46

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

Use of titles and descriptions

47

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

Functions of Dental Auxiliaries Committee

48

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

Part VI — Miscellaneous and Supplementary

Termination of the 1927 Agreement

Termination of the 1927 Agreement with the Republic of Ireland

49

• (1) If Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland agree to terminate the Agreement with respect to the registration and control of dentists set out in Part II of the Schedule to the Medical and Dentists Acts Amendment Act 1927, Her Majesty may by Order in Council—

• (a) effect such repeals in that Act and this Act, and

• (b) make such modifications of this Act,

as appear to Her to be necessary or expedient in consequence of, or in connection with, the termination of the said Agreement.

• (2) An Order in Council under this section may—

• (a) appoint different days for different repeals or modifications to take effect under the Order; and

• (b) contain such transitional and saving provisions as appear to Her Majesty to be necessary or expedient.

• (3) An Order in Council under this section which repeals any provision by virtue of which a university or other body in the Republic of Ireland is a dental authority shall include provision preserving the right to registration or continued registration in the register of persons who, immediately before the coming into force of the Order, are entitled to be or are registered under section 15(1)(a) above in virtue of a qualification awarded by that university or body.

• (4) An Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Supplementary

Evidence etc. in certain proceedings under this Act

50

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

Exercise of powers conferred on Privy Council

51

• (1) The powers conferred by this Act on the Privy council ... shall be exercisable by any two or more members of the Privy Council.

• (2) Any power of the Privy Council to make an order under this Act shall be exercisable by statutory instrument, except—

• (a) the power to make an order under section 11 (remedy where qualifying courses of study or examinations are inadequate); and

• (b) the power to make an order under section 12 (candidates not to be required to adopt or reject particular theories of dentistry).

• (3) A statutory instrument which contains an order made by the Privy Council—

• (a) under section 1(2A) (constitution of the Council),

• (b) approving rules under section 41(1) (restriction on individuals carrying on the business of dentistry),

• (c) approving rules under Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists), including rules made under Schedule 3 as applied (with modifications) by—

• (i) section 44A (supplementary provisions relating to financial penalties in relation to bodies corporate), or

• (ii) paragraph 4(7) of Schedule 2A (registration appeals: dentists register),

• (d) approving rules under Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), or

• (e) approving rules under Schedule 4C (advisers),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) A statutory instrument which contains an order made by the Privy Council approving—

• (a) regulations under section 36A(2) (professions complementary to dentistry);

• (b) rules under section 36L (insurance); or

• (c) rules under Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), including rules made under Schedule 4B as applied (with modifications) by paragraph 4(7) of Schedule 4A (registration appeals: dental care professionals register),

shall be subject to annulment in pursuance of a resolution of either House of Parliament or, where subsection (5) applies, a resolution of either House of Parliament or a resolution of the Scottish Parliament.

• (5) This subsection applies where an order of the Privy Council mentioned in subsection (4)—

• (a) approves regulations under section 36A(2) that specify a profession complementary to dentistry, or a class of members of a profession complementary to dentistry, which immediately before the revocation of the Dental Auxiliaries Regulations 1986 did not constitute a class of dental auxiliaries regulated by those Regulations; or

• (b) approves rules that apply to such a profession or such a class of members of such a profession.

• (6) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

• (7) Any document purporting to be—

• (a) an instrument made by the Privy Council under this Act, and

• (b) signed by the Clerk of the Privy Council,

shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.

Regulations and other documents

52

• (1) The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made by the Council under this Act in like manner as if the regulations had been made by a Minister of the Crown.

• (1A) Any power to make regulations under this Act may be exercised—

• (a) so as to make different provision with respect to different cases or different classes of case or different provision in respect of the same case or class of case for different purposes of this Act; and

• (b) either in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions.

• (1B) Any power to make regulations under this Act includes power to make any incidental, consequential, saving, transitional, transitory or supplementary provision which the Council consider necessary or expedient.

• (2) Prima facie evidence of any document issued by the Council may be given in all legal proceedings by the production of a copy or extract purporting to be certified to be a true copy or extract by the registrar or some other officer of the Council authorised to give a certificate for the purposes of this subsection.

• (3) No proof shall be required of the handwriting or official position or authority of any person certifying in pursuance of this section to the truth of any copy of, or extract from, any regulations or other document.

Interpretation

53

• (1) In this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Council” means the General Dental Council;

• “dental authority” shall be construed in accordance with section 3(4) above;

• “diploma” means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place (whether within or without Her Majesty’s dominions);

• the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “interim order” means—an interim suspension order under section 32(4)(a) or section 36V(4)(a); oran order for interim conditional registration under section 32(4)(b) or section 36V(4)(b);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the necessary knowledge of English”—in relation to a person registered, or applying to be registered, in the dentists register, means a knowledge of English which, in the interests of the person and the person’s patients, is necessary for the practice of dentistry in the United Kingdom;in relation to a person registered, or applying to be registered, in the dental care professionals register, means a knowledge of English which, in the interests of the person and the person’s patients, is necessary for the practice of a profession complementary to dentistry in the United Kingdom;

• “overseas diploma” has the meaning given by section 15(2) above;

• “Practice Committee” shall be construed in accordance with section 2;

• “profession complementary to dentistry” shall be construed in accordance with section 36A(1);

• ...

• “the register” means the dentists register;

• “registered dental care professional” means a person for the time being registered in the dental care professionals register under a title or titles;

• “registered dentist” means (subject to section 17(4) above) a person for the time being registered in the register;

• “the registrar” means the person for the time being appointed under section 14(2) above;

• “relevant European State” means an EEA State or Switzerland.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “specified state professional” means a person who holds a specified state qualification;

• “specified state qualification” means a qualification in dentistry or in a profession complementary to dentistry awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

• “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);

• (2) In this Act references to the practice of dentistry shall be construed in accordance with section 37 above, and references to carrying on the business of dentistry shall be construed in accordance with section 40 above.

• (2A) In this Act references to a body corporate’s principal office mean, in the case of a body corporate registered outside the United Kingdom, that body’s principal office within the United Kingdom.

• (3) References in this Act to the provision , supervision or management of national health services are references to the provision , supervision or management of—

• (a) services under—

• (i) section 2, 3, 92 or 107 of, or paragraphs 1 to 6 of Schedule 1 to, the National Health Service Act 2006, or section 2, 3, 50 or 64 of, or paragraphs 1 to 6 of Schedule 1 to, the National Health Service (Wales) Act 2006 ;

• (ii) section 17C, 36, 38 or 39 of the National Health Service (Scotland) Act 1978; or

• (iii) Article 5, 8 , 9 or 15B of the Health and Personal Social Services (Northern Ireland) Order 1972; and

• (b) services at health centres provided under the said sections 2, 3 or 36 or the said Article 5.

• (3A) References in this Act to the over-arching objective are to the over-arching objective of the Council under section 1(1ZA) (read with section 1(1ZB)).

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

Consequential amendments, repeals and revocations

54

• (1) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the consequential amendments specified in that Schedule.

• (2) The enactments mentioned in Part I of Schedule 6 to this Act are hereby repealed to the extent specified in the third column.

• (3) The instruments mentioned in Part II of that Schedule are hereby revoked to the extent specified in the third column.

Commencement, transitional provisions and savings

55

• (1) Subject to subsections (2) and (3) below, the foregoing provisions of this Act shall come into force on 1st October 1984; and references to the commencement of this Act shall be construed as references to the beginning of that day.

• (2) The following provisions of this Act, namely—

• (a) section 49, and

• (b) section 54(2) and Part I of Schedule 6 so far as they repeal section 29 of the Dentists Act 1983,

shall come into force at the end of the period of one month beginning with the day on which this Act is passed.

• (3) The following provisions of this Act, namely—

• (a) sections 2(4) and (5), 28 and 31, paragraph 8(2) of Schedule 1, and paragraphs 3, 6 and 9(3) of Schedule 3, and

• (b) sections 29, 30 and 33 and any provisions of Schedule 3 not mentioned in paragraph (a) above, so far as those sections and provisions relate to proceedings before the Health Committee or to any direction or order given or made by that Committee,

shall come into force on such day as Her Majesty may by Order in Council appoint, and different days may be appointed for, or for different purposes of, different provisions.

• (4) The transitional and saving provisions contained in Schedule 7 to this Act shall have effect (but without prejudice to sections 16 and 17 of the Interpretation Act 1978, which relate to repeals); and Her Majesty may by Order in Council provide for such further transitional and saving provisions to have effect in connection with the coming into force under subsection (3) above of any provision of this Act as appear to Her Majesty to be necessary or expedient.

• (5) Her Majesty may by Order in Council, in connection with the coming into force under subsection (1) above of any provision of this Act in so far as it reproduces the effect of any provision of the Dentists Act 1983 specified in subsection (2) of section 34 of that Act, make provision corresponding to that which could have been made under subsection (4) of that section in connection with the coming into force under that section of the provision so specified.

Short title and extent

56

• (1) This Act may be cited as the Dentists Act 1984.

• (2) This Act extends to Northern Ireland.

SCHEDULE 1

Part I — The Council

Constitution

1

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

Lay members

2

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

3

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

4

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

5

A person shall not be disqualified for being elected or nominated as a member of the Council or for being elected as President of the Council by reason of having already served as a member or, as the case may be, as President.

General powers of Council

6

• (1) Subject to the following provisions of this Part of this Schedule, the Council shall have power to do any thing which in their opinion is calculated to facilitate the proper discharge of their functions.

• (2) The Council shall, in particular, have power to pay to their members ... such fees and such travelling, subsistence or other allowances as they may determine.

• (2A) The Council shall also have power to pay the members of any of their committees such allowances and expenses as the Council may determine.

• (3) The powers ... of any of the Council’s committees may be exercised notwithstanding any vacancy.

• (4) No proceedings ... of any of the Council’s committees shall be invalidated by any defect in the appointment of a member ....

7

• (1) Subject to section 43B(13) and section 44(12), the Council may, after paying their expenses, allocate any of their income to—

• (a) purposes connected with education or research in relation to—

• (i) the dental profession, or

• (ii) professions complementary to dentistry; or

• (b) any other public purpose connected with either or both of those professions.

• (2) In sub-paragraph (1), “expenses” includes the payments authorised under this Schedule to be made to members of the Council and their committees and the salaries and remuneration of the Council’s officers.

8

• (1) The Council may make rules—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for delegating, subject to the provisions of this Act, to committees, including the committees referred to in section 2 of this Act, or to any officer of the Council, functions of the Council, and

• (c) subject to the provisions of this Act and in particular sub-paragraph (1A), for appointing the members and regulating the proceedings (including quorum) of any committees, including the committees referred to in section 2 of this Act and any sub-committees.

• (1A) The power conferred by sub-paragraph (1)(c) does not include power to make any rules regulating the proceedings of the committees referred to in section 2 of this Act, in so far as the power to make such rules is specifically conferred by Schedule 3 or 4B to this Act.

• (1B) Rules made under sub-paragraph (1)(c) may make provision for a body (including a committee of the Council which is not one of the committees referred to in section 2) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Council’s committees.

• (1C) Rules made under sub-paragraph (1)(c) by virtue of sub-paragraph (1B) may authorise a body—

• (a) to appoint committee members on behalf of the Council; or

• (b) to perform any function relating to tenure of office or suspension or removal from office.

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

• (2A) Some or all of the members of committees of the Council may be persons who are not members of the Council.

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

• (4) Nothing in this paragraph shall authorise the Council to delegate any power of making rules or regulations under any other provision of this Act.

Part II

The Education Committee

9

• (1) The Education Committee shall consist of—

• (a) the President,

• (b) at least eight other members of the Council (who shall all be registered dentists), and

• (c) those persons who are only members of the Council for the limited purposes set out in paragraph 1(3) above.

• (2) The Committee shall appoint a registered dentist to be chairman from among the members of the Committee.

The Preliminary Proceedings Committee

10

The Preliminary Proceedings Committee shall consist of the President and five other members of the Council of whom one shall be a person who is not a registered dentist, but the President may appoint for the consideration of any particular case one or two members of the Council to be additional members of the Committee, notwithstanding that the membership of the Committee is thereby raised to seven or eight.

The Professional Conduct Committee

11

• (1) The Professional Conduct Committee shall consist of the President and ten other members of the Council of whom at least—

• (a) five shall be elected members of the Council, and

• (b) two shall be neither elected members nor registered dentists.

• (2) A member of the Preliminary Proceedings Committee (other than the President of the Council) shall not at the same time be a member of the Professional Conduct Committee.

• (3) At any meeting of the Professional Conduct Committee the President of the Council, or in his absence such member of the Committee as the Committee may choose, shall be chairman.

• (4) All acts of the Professional Conduct Committee shall be decided by a majority of the members present at any meeting.

• (5) The quorum for a meeting of the Professional Conduct Committee shall be seven, of whom at least—

• (a) two shall be elected members of the Council, and

• (b) one shall be neither an elected member nor a registered dentist.

The Dental Auxiliaries Committee

12

• (1) The Dental Auxiliaries Committee shall consist of—

• (a) the President;

• (b) at least eight (but not more than ten) other members of the Council, being either elected or nominated members or persons within paragraph 1(2)(b) above; and

• (c) nine persons not within paragraph (a) or (b) of this sub-paragraph.

• (2) At least two of the members referred to in sub-paragraph (1)(b) above shall not be registered dentists.

• (3) Three of the nine members referred to in sub-paragraph (1)(c) above shall be appointed by the Secretaries of State respectively concerned with health in England and Wales and Scotland and the head of the Department of Health and Social Services for Northern Ireland acting jointly, and two of the three so appointed shall be registered dentists who are or have been employed in the course of the provision of national health services.

• (4) The three members so appointed and their successors shall retire together at the end of successive three-year periods, and an appointment made in the course of one of those periods to fill a casual vacancy shall be for the remainder of that period.

• (5) The other six of the nine members referred to in sub-paragraph (1)(c) above shall be elected by members of all the classes of dental auxiliaries established by regulations under this Act in such manner and at such intervals as may be provided by rules made by the Council.

• (6) The Council shall pay to members of the Committee who are not members of the council allowances and fees at the same rates as in the case of those who are members of the Council.

• (7) The chairman of the Committee shall be chosen by the Committee from among the members of the Committee who are registered dentists.

• (8) The Committee may appoint a sub-committee, which shall consist of not more than nine members, to deal with disciplinary questions connected with members of a class of dental auxiliaries.

• (9) The member of the Council referred to in paragraph 1(2)(d) above shall be elected by the Committee from among its members who have been elected under sub-paragraph (5) above; and a person so elected shall cease to be a member of the Council if he ceases to be a member of the Committee or when the term of office of elected members of the Council next expires in accordance with paragraph 2(1) above, whichever first occurs.

SCHEDULE 2

Part I — Appropriate European Diplomas

1

• (1) In this Schedule—

• ...

• “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.3.2 of the Directive.

• (2) References in this Schedule to article 34 of the Directive are, in relation to training begun on or before 18 January 2016, to article 34 disregarding the amendments made by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013.

2

Subject to paragraph 3 below, a diploma in dentistry granted in a relevant European State is an appropriate European diploma for the purposes of section 15(2ZA) of this Act if it is listed in Annex V, point 5.3.2 of the Directive and, it is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”.

3

A diploma listed in Annex V, point 5.3.2 of the Directive granted in a relevant European State before the reference date, or on or after that date where training of which the diploma is evidence was commenced by the holder before that date, is not an appropriate European diploma for the purposes of section 15(2ZA)...

4

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

PART II — SCHEDULED EUROPEAN DIPLOMAS

Belgium

" Diplôme légal de licencié en science dentaire/wettelijk diploma van licentiaat in de tandheelkunde " (the official diploma of graduate in dental science), awarded by the university faculties of medicine, or by the Central Board or by the State boards of university examiners.

Denmark

" Bevis for tandlaegeeksamen (kandidateksamen) " (official diploma certifying that the holder has passed the examination in dentistry), issued by schools of dentistry together with the document issued by the ' Sundhedsstyrelsen' (State Board of Health) certifying that he has worked as an assistant for the required length of time.

France

1

“Diplôme d’État de chirurgien-dentiste” (State diploma of dental surgeon), awarded until 1973 by the university faculties of medicine or the university joint faculties of medicine and pharmacy.

2

“Diplôme d’État de docteur en chirurgie dentaire” (State diploma of doctor of dental surgery), awarded by the universities.

Germany

1

“Zeugnis über die zahnärztliche Staatsprüfung” (the State examination certificate in dentistry), awarded by the competent authorities.

2

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

Greece

"πτυχίο οδοντιατρικής τοϋ Πανεπιστημίου" (degree in dentistry of a University).

Republic of Ireland

The diploma of:

awarded by the universities or the Royal College of Surgeons in Ireland.

Italy

The diploma the tide of which will be notified by Italy to the member States and to the Commission in accordance with Community Council Directive No. 78/686/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry.

Luxembourg

" Diplôme d'État de docteur en médecine dentaire " (State diploma of doctor of dental medicine), issued by the State Board of Examiners.

The Netherlands

" Universitair getuigschrift van een met goed gevolg afgelegd tandartsexamen " (university certificate certifying success in the dental surgeon's examination).

SCHEDULE 3

Preliminary

1

• (1) In this Schedule a “Committee” means—

• (a) the Professional Conduct Committee;

• (b) the Professional Performance Committee;

• (c) the Health Committee; or

• (d) the Interim Orders Committee.

• (2) A “party” to proceedings means, unless the context otherwise requires—

• (a) the person to whose registration the proceedings relate; or

• (b) the Council.

Rules of procedure

2

• (1) Subject to the provisions of this paragraph, rules shall make provision as to the procedure to be followed—

• (a) in proceedings before a Committee under Part 3 of this Act; and

• (b) by the Investigating Committee in the exercise of their functions under section 27A.

• (2) Rules under sub-paragraph (1)(a) shall include provision—

• (a) requiring the registrar to serve notification on the person to whose registration the proceedings relate that proceedings are to be brought and outlining the case against him;

• (b) enabling any party to be heard by a Committee, if the party so requires;

• (c) enabling any party to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

• (d) enabling the registrar to serve notification of the proceedings on any person who in his opinion has an interest in those proceedings, and to provide any person so notified with an opportunity to submit written representations;

• (e) enabling a Committee, before they hold any hearing, where they consider that it would assist them in performing their functions, to hold a preliminary meeting in private attended by the parties and the parties' representatives and any other person the Committee think appropriate;

• (f) requiring proceedings before a Committee to be held in public unless and to the extent that the rules provide otherwise;

• (g) requiring the registrar to serve notification on the person (if any) making the allegation and any other person who in his opinion has an interest in the proceedings, of the Committee’s decision and the reasons for the decision; and

• (h) requiring the registrar to publish, in such manner as may be specified in the rules, such information relating to the case and any decision made by the Committee as may be specified in the rules.

• (3) Each stage in proceedings before a Committee under Part 3 of this Act shall be dealt with expeditiously and a Committee may give directions as to the conduct of the case and the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).

• (4) Rules may provide for the Chairman of a Committee to hold the meeting referred to in sub-paragraph (2)(e) or to give the directions mentioned in sub-paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.

Preliminary proceedings in health cases

3

Subject to paragraph 4, rules shall make provision regarding the rules of evidence to be observed in any proceedings before a Committee under Part 3 of this Act, including rules as to the admissibility of evidence.

Evidence etc.

4

• (1) For the purpose of proceedings under Part 3 of this Act in England and Wales or in Northern Ireland before a Committee, a Committee may—

• (a) summon any person to attend a hearing as a witness, to answer any question or to produce any documents in his custody or under his control which relate to any matter in question in the proceedings;

• (b) require any witness appearing before them to give evidence on oath and for this purpose an oath may be administered in due form; and

• (c) upon an application by a person summoned to appear before them, set the summons aside.

• (2) No person shall be compelled under sub-paragraph (1)—

• (a) to attend in obedience to a summons if he has been given less than 14 days' notification of the hearing unless he informs the Committee before the hearing that he accepts such notification has been given; or

• (b) to produce any document which he could not be compelled to produce on the trial of an action.

• (3) For the purposes of any proceedings under Part 3 of this Act in Scotland before a Committee, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that Court—

• (a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

• (b) to grant warrant for the recovery of documents; and

• (c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

Legal assessors

5

Where the proceedings relate to a person’s conduct, and that conduct has been considered by another body whose functions include overseeing the conduct of members of a health or social care profession, a Committee may adopt as its own findings any finding of fact found by that body and proceed to determine the case without further inquiry.

Medical examiners and assessors

6

• (1) In the course of proceedings under Part 3 of this Act, a Committee may make such order as to costs (or, in Scotland, expenses) as they think fit, but may make provision as described in sub-paragraph (2) only if rules allowing such provision have been made under that sub-paragraph.

• (2) Rules may allow a Committee—

• (a) to disallow all or part of the costs (or, in Scotland, expenses) of a representative of a party by reason of that representative’s conduct of the proceedings; and

• (b) to order a representative of a party to meet all or part of the costs (or, in Scotland, expenses) incurred by a party by reason of that representative’s conduct of the proceedings.

• (3) A Committee shall have regard to a person’s ability to pay when considering the making of an order under this paragraph.

• (4) Any sum required to be paid under an award in respect of costs (or, in Scotland, expenses) shall be recoverable as if it had been adjudged to be paid by an order of a relevant court.

• (5) In sub-paragraph (4) “the relevant court” means—

• (a) where the person to whose registration the proceedings relate is registered in the register, and his address in the register is in Scotland, the sheriff in whose sheriffdom that address is situated;

• (b) where the person to whose registration the proceedings relate is not registered in the register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

• (c) in any other case, the county court.

Service of notifications by registrar

7

• (1) Rules shall be made enabling a Practice Committee, in the course of proceedings under Part 3 of this Act—

• (a) to refer to another Practice Committee any matter arising which they consider should be dealt with by that other Practice Committee;

• (b) to take advice, as they consider necessary and appropriate, from another Practice Committee; and

• (c) to refer to the Interim Orders Committee any allegation before them which they consider should be dealt with by the Interim Orders Committee.

• (2) Rules under sub-paragraph (1)(a) may provide that, where a Practice Committee refer a case to another Practice Committee by virtue of those rules, section 27B is to apply as if the case had originally been referred by the Investigating Committee to that other Practice Committee.

Recording of suspension or imposition of conditions

8

• (1) Where a determination, direction or order for suspension or a direction for conditional registration takes effect in relation to any person in accordance with the principal sections, the registrar shall make a note in the register of that fact and of the period for which that person’s registration is to be suspended or subject to conditions by virtue of the determination, direction or order.

• (2) The registrar shall erase that note from the register at such time as the determination, direction or order (for any reason) ceases to have effect.

• (3) Any reference in this paragraph to a direction for suspension or for conditional registration includes a reference to a direction extending a period of suspension or conditional registration.

Co-operation with Dental Board of Republic of Ireland

9

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

SCHEDULE 4

Preliminary

1

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

Declarations and certificates to be provided by visiting EEC practitioners

2

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

List of EEC practitioners

3

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

Persons not entitled to be included in the list of visiting EEC practitioners

4

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

Disciplinary provisions affecting practitioners who render services while visiting the United Kingdom

5

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

SCHEDULE 5

MEDICAL AND DENTISTS Acrs AMENDMENT ACT 1927 (c. 39)

1

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

MEDICINES ACT 1968 (c. 67)

2

In section 132(1), in the definition of “dentist”, for the words from “ Dentists Act 1957” onwards substitute “ Dentists Act 1984 or entered in the list of visiting EEC practitioners under Schedule 4 to that Act; ”.

MISUSE OF DRUGS ACT 1971 (c. 38)

3

In section 37(1), in the definition of “dentist”, for the words from “Dentists Act 1957” onwards substitute “ Dentists Act 1984 or entered in the list of visiting EEC practitioners under Schedule 4 to that Act; ”.

POISONS ACT 1972 (c. 66)

4

In section 11(2), in the definition of “dentist”, for the words from “Dentists Act 1957” onwards substitute “ Dentists Act 1984 or a person entered in the list of visiting EEC practitioners under Schedule 4 to that Act; ”.

HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 (S.I.1972/1265 (N.I.14))

5

In Article 2(2), in the definition of “dental practitioner”, for “1957” substitute “ 1984 ”.

FAIR TRADING ACT 1973 (c. 41)

6

In paragraph 3 of Schedule 4, for “1957” substitute “1984”.

RESTRICTIVE TRADE PRACTICES ACT 1976 (c. 34)

7

In paragraph 3 of Schedule 1, for “1957” substitute “ 1984 ”.

ATIONAL HEALTH SERVICE ACT 1977 (c. 49)

8

In section 35(3) (added by section 15 of the Health and Social Services and Social Security Adjudications Act 1983)—

• (a) for “Part II of the Dentists Act 1983” substitute “ section 32 of the Dentists Act 1984 ”; and

• (b) for “order under Part III of” substitute “ an order of the Health Committee under ”.

9

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

10

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

11

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

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29)

12

In section 25(4) (added by section 16 of the Health and Social Services and Social Security Adjudications Act 1983)—

• (a) for “Part II of the Dentists Act 1983” substitute “ section 32 of the Dentists Act 1984 ”; and

• (b) for “order under Part III of” substitute “ an order of the Health Committee under ”.

13

In section 108(1), in the definition of “dental practitioner”, for “1957” substitute “ 1984 ”.

14

In paragraph 6A of Schedule 1 (inserted by the said section 16) there shall be made the same amendments as are specified in paragraph 12 above, and for “section 33(1) of the Dentists Act 1957” substitute “ the Dentists Act 1984 ”.

MEDICAL ACT 1983 (c. 54)

15

In paragraph 4 of Schedule 6, for “Articles 2(d) and” “those Articles” substitute “ Article ” and “ that Article ” respectively.

VALUE ADDED TAX ACT 1983 (c. 55)

16

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

SCHEDULE 6

SCHEDULE 7

General

1

Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Elections and nominations

2

Any election or nomination held or made before the commencement of this Act for the purposes of paragraph 1 of Schedule 4 to the Dentists Act 1983 shall have effect as if held or made for the purposes of Schedule 1 to this Act.

Registration

3

• (1) Nothing in the repeals made by this Act shall affect the continued registration in the register of any person who was duly registered in it immediatly before the commencement of this Act; and where any such person was so registered under, or in pursuance of a direction under, any provision of the Dentists Act 1957 his registration shall have effect as if effected under, or in pursuance of a direction under, the corresponding provision of this Act.

• (2) Without prejudice to sub-paragraph (1) above, in section 35 of this Act—

• (a) subsection (3) extends to a person who was registered under section 2A of that Act when he was subject to a disqualifying decision within the meaning of section 35, and

• (b) subsection (5) extends to a person whose registration was effected under the said section 2A.

Adaptation of references in enactments etc.

4

• (1) In any enactment or instrument passed or made before the commencement of this Act for any reference to the Disciplinary Committee of the Council there shall be substituted a reference to the Professional Conduct Committee.

• (2) In any enactment or instrument passed or made before 1st January 1984 for any reference to ancillary dental workers, an ancillary dental worker or the ancillary Dental Workers Committee there shall be substituted a reference to dental auxiliaries, a dental auxiliary or the Dental Auxiliaries Committee, respectively.

Proceedings pending before Disciplinary Committee

5

For the purpose of the hearing and determination of any case or matter referred to the Disciplinary Committee before the commencement of this Act, paragraph 12 of Schedule 1 to the Dentists Act 1957 shall, notwithstanding the repeals made by this Act, apply in relation to the constitution and quorum of the Professional Conduct Committee as it applied in relation to the constitution and quorum of the Disciplinary Committee immediately before that commencement.

6

For the purposes of—

• (a) any case referred to the Disciplinary Committee under section 26 of the Dentists Act 1957 before the commencement of this Act, and any appeal or other proceedings arising out of any such case (including proceedings under section 44 of this Act),

• (b) any case referred to that committee under Article 7 of the Dental Qualifications (EEC Recognition) Order 1980 before that commencement,

this Act, and any rules made under paragraph 2 of Schedule 3 to this Act (and any rules made on or after 13th May 1983 and having effect as if made under that paragraph) shall have effect with the substitution for any reference to serious professional misconduct of a reference to infamous or disgraceful conduct in a professional respect.

Rules of procedure

7

Any rules made by the Council before the commencement of this Act under section 27 of the Dentists Act 1957 and expressed to come into force at or after that commencement shall have effect as if made under paragraph 2 of Schedule 3 to this Act, and subparagraph (4) of that paragraph shall apply to any such rules accordingly.

Restrictions on carrying on the business of dentistry

8

Except in the case of a body corporate which—

• (a) ceased to carry on the business of dentisty before 1st January 1984, but

• (b) was again carrying on the business of dentistry on that date and had not ceased to carry on that business before the commencement of this Act,

section 43(5) of this Act applies to a body corporate ceasing to carry on the business of dentistry before that commencement as well as to one ceasing to do so thereafter.

9

• (1) Any reference in section 41(2) or 44 of this Act to an erasure or conviction under any provision of this Act includes a reference to an erasure or conviction under the corresponding provision of the Dentists Act 1957 or under the corresponding provision of any enactment repealed by that Act.

• (2) But a body corporate shall not be liable under section 44 to be deprived of the right to carry on the business of dentistry in consequence of any erasure or conviction which took place before 4th July 1956.

• (3) Notwithstanding the reproduction in sub-paragraph (1) above, in so far as it provides for subsection (6) of section 44 to have effect in relation to convictions taking place before 1st January 1984, of the effect of Article 2(2) of the Dentists Act 1983 (Transitional Provisions) Order 1983, any question as to the validity of the provisions of that sub-paragraph, in so far as it so provides, shall be determined as if those provisions were contained in a statutory instrument made under the power under which Article 2(2) was made.

Documents issued by Dented Board

10

The reference in section 52(2) of this Act to any document issued by the Council shall include any document issued by the Dental Board dissolved in pursuance of the Dentists Act 1956.

Constitution and general duties of the Council.

21A

• (1) This section applies where a person (“A”) makes an application to be registered in the register in exercise of entitlement under section 15.

• (2) The registrar, within the period of one month beginning with the date of receipt of the application, must—

• (a) acknowledge receipt of the application; and

• (b) inform A of any missing document required for the purposes of the application.

• (2ZA) Where A holds a specified state qualification in dentistry, the registrar must—

• (a) give A adequate time to complete the requirements and procedures of the application process; and

• (b) deal promptly with A’s application.

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

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

• (3) The registrar must notify A of the result of the application—

• (a) where A holds a specified state qualification, within the period of four months beginning with the relevant date;

• (b) in any other case, within the period of three months beginning with that date.

• (3A) In calculating any period of time for the purposes of subsection (3), the following are to be disregarded—

• (a) any period which begins on the date on which the registrar makes a request under section 15A(4) and ends on the date on which A complies with the request; or

• (b) any period which begins on the date on which the registrar requires A to undergo an examination or other assessment under section 15A(6)(a) and ends on the date on which A complies with the requirement under section 15A(6)(b).

• (4) The “relevant date”, in relation to an application, is—

• (a) the date when the registrar receives the application; or

• (b) if any document required for the purposes of the application is missing when the registrar receives the application, the date on which the registrar first has all the documents required for those purposes.

• (5) A document which is requested or required under section 15A(4) or (6)(b) is not to be treated as missing for the purposes of this section.

Professional training and development requirements

34A

• (1) Rules shall require registered dentists to undertake such professional training and development as may be specified in the rules.

• (2) If it appears to the registrar that a person has failed to comply with the requirements of rules made under subsection (1), the registrar may erase the person’s name from the register.

• (3) Where a person’s name has been erased from the register under subsection (2), 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

• (c) any rules made under section 34B which apply to his case.

• (4) Rules shall specify the procedures to be followed before the registrar—

• (a) may erase a person’s name from the register under subsection (2); or

• (b) may make a decision whether or not to restore a person’s name to the register under subsection (3).

• (5) Where, in the course of proceedings under this Part, it appears to the Investigating Committee, a Practice Committee or the Interim Orders Committee that a person to whose registration the proceedings relate may be failing to meet the requirements of rules made under subsection (1), that Committee may refer the question of whether he is failing to meet them to the registrar.

34B

• (1) Rules shall specify the requirements as to professional training and development to be met by a person who seeks the restoration of his name to the register following its erasure under any provision of this Part.

• (2) Rules under this section must not require a person to do anything which amounts to the practice of dentistry.

Members who are registered dentists or registered dental care professionals

Council President

3A

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

5

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

6

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

7

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

Austria

The diploma the title of which will be notified by Austria to EEA States and to the Commission in accordance with Community Council Directive No. 78/686/EEC.

“Diplôme légal de licencié en science dentaire/wettelijk diploma van licentiaat in de tandheelkunde” (the official diploma of graduate in dental science), awarded by the university faculties of medicine, or by the Central Board or by the State boards of university examiners.

“Bevis for tandlaegeeksamen (kandidateksamen)” (official diploma certifying that the holder has passed the examination in dentistry), issued by schools of dentistry together with the document issued by the “Sundhedsstyrelsen” (State Board of Health) certifying that he has worked as an assistant for the required length of time.

Finland

“Todistus hammaslääketieteen lisensiaatin tutkinnosta/bevis om odontologi licentiat examen” (certificate of the degree of licentiate in dentistry) awarded by a university faculty of medicine and a certificate of practical training issued by the National Board of Medico-Legal Affairs.

“ptuxío sdontiatrikής toύ Panpiothmίou”(degree in dentistry of a University).

Iceland

“Próffrá tannlæaknadeild Háskóla Íslands” (diploma from the dental faculty of the University of Iceland).

The diploma of:

awarded by the universities or the Royal College of Surgeons in Ireland.

“Diploma di Laurea in Odontoiatria e Protesi Dentaria” accompanied by a “Diploma di Abilitazione all” esercizio dell’ Odontoiatria e Protesi Dentaria’ issued by the State Examining Commission.

Liechtenstein

Any diploma which—

“Diplôme d’État de docteur en médecine dentaire” (State diploma of doctor of dental medicine), issued by the State Board of Examiners.

“Universitair getuigschrift van een met goed gevolg afgelegd tandartsexamen” (university certificate certifying success in the dental surgeon’s examination).

Norway

“Bevis for bestått odontologisk embetseksamen” (diploma of the degree cand. odont.) awarded by a university faculty of dentistry.

Portugal

“Carta de curso de licenciatura em medicina dentaÁria” (diploma conferring official recognition of completion of studies in dentistry) awarded by an establishment of higher education.

Spain

“Título de Licenciado en Odontología” awarded by the rector of a university.

Sweden

“Tandläkarexamen” (university diploma in dentistry) awarded by schools of dentistry and a certificate of practical training issued by the National Board of Health and Welfare.

Referrals to the registrar

3A

Where, in the course of any proceedings under section 27 or 28 of this Act it appears to the Preliminary Proceedings Committee, the Professional Conduct Committee or the Health Committee that a dentist may be failing to meet the requirements of the rules made under section 34A of this Act, that Committee may refer the question of whether he is failing to meet them to the registrar.

SCHEDULE 3A

Procedure

1

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

2

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

3

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

References to other committees

4

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

Notices

5

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

Medicines Act 1968 (c. 67)

Misuse Of Drugs Act 1971 (c. 38)

Poisons Act 1972 (c. 66)

Health and Personal Social Services (Northern Ireland) Order 1972 (S.I.1972/1265 (N.I.14))

Fair Trading Act 1973 (c. 41)

Restrictive Trade Practices Act 1976 (c. 34)

National Health Service Act 1977 (c. 49)

National Health Service (Scotland) Act 1978 (c. 29)

Medical Act 1983 (c. 54)

Value Added Tax Act 1983 (c. 55)

Part I

Part II

Documents issued by Dental Board

Editorial notes