Dentists Act 1984

• (1) The Council may appoint persons registered in either the dentists register or the dental care professionals register to be professional advisers.

• (2) Professional advisers shall have the general function of giving advice to—

• (a) the registrar,

• (b) the Council,

• (c) the Investigating Committee,

• (d) the Professional Conduct Committee,

• (e) the Professional Performance Committee,

• (f) the Interim Orders Committee,

• (g) the Health Committee, and

• (h) the Registration Appeals Committee,

on matters within their professional competence arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

• (3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a professional adviser.

• (4) Professional advisers shall also have such other functions as may be conferred on them by rules.

• (5) The Council may pay such fees, allowances or expenses to persons appointed as professional advisers as the Council may determine.

12A

• (1) A dental authority may grant a UK diploma in dentistry to a person only if the authority is satisfied that the person has successfully completed basic dental training.

• (2) In this section—

• “basic dental training” means dental training that meets, or under article 22(a) of the Directive (part-time training) would be treated as meeting, the requirements of article 34 of the Directive (basic dental training);

• “UK diploma in dentistry” means—a degree in dentistry that gives its holder the qualification of Bachelor of Dental Surgery (whether abbreviated as BDS or B.Ch.D.), ora licence in dentistry that gives its holder the qualification of Licentiate in Dental Surgery.

Procedure for registration.

34AA

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

The Directive: designation of competent authority etc.

36ZA

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

36ZB

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

Rules relating to the dental care professionals register

Visiting dental care professionals from relevant European States

36Z3

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

36Z4

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

Appeals relating to financial penalties

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

Evidence etc.

Evidence etc.

6

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

7

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

8

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

9

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

SCHEDULE 4ZA

Medical advisers

Notification of appealable registration decisions

Rules relating to procedure

1A

• (1) The Council shall consist of—

• (a) registrant members, that is members who are registered dentists or registered dental care professionals; and

• (b) lay members, that is members who—

• (i) are not and never have been registered dentists or registered dental care professionals, and

• (ii) do not hold qualifications which would entitle them to apply for registration as a registered dentist or registered dental care professional.

• (2) The members of the Council shall be appointed by the Privy Council.

• (3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

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

Matters for the order of the Privy Council under section 1(2A)

1B

• (1) An order under section 1(2A) shall include provision with regard to—

• (a) the numbers of registrant members and lay members of the Council;

• (b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

• (c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

• (d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

• (e) deputising arrangements in respect of the chair;

• (f) the quorum of the Council; and

• (g) the circumstances in which members cease to hold office or may be removed or suspended from office.

• (2) But an order under section 1(2A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

• (3) An order under section 1(2A) may include provision with regard to—

• (a) the maximum period for which a member of the Council may hold office as a member during a specified period;

• (b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

• (c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

• (i) that education and training to be the responsibility of another body, and

• (ii) those requirements to be set and varied by that body from time to time;

• (d) the attendance of members of the Council at meetings of the Council; and

• (e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member.

• (4) An order under section 1(2A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

8A

• (1) Subject to any provision made by this Act or by rules under this Act, the Council may regulate its procedures and the procedures of its committees and sub-committees, other than the committees referred to in section 2, by standing orders.

• (2) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2A).

• (3) Subject to any provision made by this Act, by rules under this Act or by standing orders made by virtue of sub-paragraph (1), each committee and sub-committee of the Council may regulate its own procedures.

2E

• (1) The Council must establish and maintain a system for the declaration and registration of private interests of their members.

• (2) The Council must publish entries recorded in the register of members’ private interests.

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

Appeals from an appealable registration decision

15A

• (1) The Council must publish guidance about—

• (a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English; and

• (b) the process by which the registrar is to determine whether the registrar is satisfied as mentioned in paragraph (a).

• (2) The registrar must have regard to the guidance published under subsection (1) in determining whether the registrar is satisfied as mentioned in subsection (1)(a).

• (3) Subsections (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English.

• (4) The registrar may request the applicant to provide further evidence, information or documents within such period as the registrar may specify.

• (4A) Where the applicant is applying in reliance on a specified state qualification, the registrar may not request more evidence, information or documents than is necessary to demonstrate to the registrar that the applicant has the necessary knowledge of English.

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

• (6) The registrar may require the applicant—

• (a) to undergo an examination or other assessment; and

• (b) to provide information in respect of that examination or assessment,

within such period as the registrar may specify.

• (6A) Where the registrar requires an applicant who makes an application in reliance on a specified state qualification to undergo an examination or other assessment, the examination or assessment must be proportionate to the knowledge of English referred to in section 15(3)(ba).

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

• (8) Guidance published under subsection (1) may make different provision in relation to different cases or classes of case.

• (9) The Council must keep guidance published under subsection (1) under review and may vary or withdraw it whenever they consider it appropriate to do so.

• (10) If the Council vary any guidance published under subsection (1) they must publish the guidance as varied.

• (11) Before publishing any guidance under subsection (1), or varying or withdrawing it, the Council must consult the persons and bodies mentioned in section 26B(5)(a) to (c).

• (12) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance published under subsection (1) to any person.

• (13) In this section—

• (a) references to an applicant are references to a person applying for registration in the dentists register, and

• (b) references to guidance published under subsection (1) include references to guidance published by virtue of subsection (10).

27AA

Rules may make provision for one or more of the following—

• (a) the registrar;

• (b) any other officer of the Council,

to exercise the functions of the Investigating Committee under section 27A, whether generally or in relation to such classes of case as may be specified in the rules.

27AB

• (1) Rules may make provision for enabling the registrar to review a determination by the Investigating Committee under section 27A(1) that an allegation ought not to be considered by a Practice Committee.

• (2) Rules made by virtue of subsection (1) may, in particular, include provision as to—

• (a) the period within which a review is to be commenced;

• (b) the process to be followed by the registrar in carrying out a review (including the determinations to be made by him);

• (c) the actions which may be taken following a review.

36CA

• (1) The Council must publish guidance about—

• (a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under section 36C(6)(aa) that the applicant has the necessary knowledge of English; and

• (b) the process by which the registrar is to determine whether the registrar is satisfied as mentioned in paragraph (a).

• (2) The registrar must have regard to the guidance published under subsection (1) in determining whether the registrar is satisfied as mentioned in subsection (1)(a).

• (3) Subsections (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under section 36C(6)(aa) that the applicant has the necessary knowledge of English.

• (4) The registrar may request the applicantto provide further evidence, information or documents within such period as the registrar may specify.

• (4A) Where the applicant applies in reliance on a specified state qualification or qualifications, the registrar may not request more evidence, information or documents than is necessary to demonstrate to the registrar that the applicant has the necessary knowledge of English.

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

• (6) The registrar may require the applicant—

• (a) to undergo an examination or other assessment; and

• (b) to provide information in respect of that examination or assessment,

within such period as the registrar may specify.

• (6A) Where the registrar requires an applicant who applies in reliance on a specified state qualification or qualifications to undergo an examination or other assessment, the examination or assessment must be proportionate to the knowledge of English referred to in section 36C(6)(aa).

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

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

• (9) Guidance published under subsection (1) may make different provision in relation to different cases or classes of case, and in particular in relation to different descriptions of registered dental care professionals.

• (10) The Council must keep guidance published under subsection (1) under review and may vary or withdraw it whenever they consider it appropriate to do so.

• (11) If the Council vary any guidance published under subsection (1) they must publish the guidance as varied.

• (12) Before publishing any guidance under subsection (1), or varying or withdrawing it, the Council must consult the persons and bodies mentioned in section 36M(5)(a) to (c).

• (13) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance to any person.

• (14) In this section—

• (a) references to an applicant are references to a person applying for registration under a title in ... the dental care professionals register, and

• (b) references to guidance published under subsection (1) include references to guidance published by virtue of subsection (11).

36OA

Rules may make provision for one or more of the following—

• (a) the registrar;

• (b) any other officer of the Council,

to exercise the functions of the Investigating Committee under section 36O, whether generally or in relation to such classes of case as may be specified in the rules.

36OB

• (1) Rules may make provision for enabling the registrar to review a determination by the Investigating Committee under section 36O(1) that an allegation ought not to be considered by a Practice Committee.

• (2) Rules made by virtue of subsection (1) may, in particular, include provision as to—

• (a) the period within which a review is to be commenced;

• (b) the process to be followed by the registrar in carrying out a review (including the determinations to be made by him);

• (c) the actions which may be taken following a review.

6B

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

Medical advisers

Rules relating to the dental care professionals register

Appeals relating to financial penalties

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

Rules relating to procedure

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

Rules relating to procedure

Medical advisers

Professional advisers

16A

• (1) Rules may make provision for the purpose of determining whether a person who holds an overseas diploma in dentistry has the requisite knowledge and skill mentioned in section 15(1)(c)(ii).

• (2) Rules made by virtue of subsection (1) may (in particular) make provision—

• (a) requiring the person to undertake an assessment;

• (b) imposing such other requirements on the person as the Council considers appropriate;

• (c) enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining whether the person has the requisite knowledge and skill.

16B

• (1) The Council may recognise an overseas diploma of a particular kind as furnishing such guarantees as to the knowledge and skill of the person who holds the diploma that no further enquiry into the knowledge and skill of that person is necessary.

• (2) A person who holds an overseas diploma recognised by the Council for the time being in accordance with subsection (1) is to be taken to have satisfied the Council that the person has the requisite knowledge and skill mentioned in section 15(1)(c)(ii).

• (3) Rules may make provision about the recognition of overseas diplomas under subsection (1).

• (4) Rules made by virtue of subsection (3) may (in particular) make provision enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining applications for the recognition of overseas diplomas.

36CB

• (1) Rules may make provision for the purpose of determining whether a person who holds a relevant qualification has the requisite knowledge and skill mentioned in section 36C(4)(b).

• (2) Rules made by virtue of subsection (1) may (in particular) make provision—

• (a) requiring the person to undertake an assessment;

• (b) imposing such other requirements on the person as the Council considers appropriate;

• (c) enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining whether the person has the requisite knowledge and skill.

• (3) In this section “relevant qualification” has the same meaning as in section 36C (see section 36C(4)(a)).

36CC

• (1) The Council may recognise a relevant qualification of a particular kind as furnishing such guarantees as to the knowledge and skill of the person who holds the relevant qualification that no further enquiry into the knowledge and skill of that person is necessary.

• (2) A person who holds a relevant qualification recognised by the Council for the time being in accordance with subsection (1) is to be taken to have satisfied the Council that the person holds the requisite knowledge and skill mentioned in section 36C(4)(b).

• (3) Rules may make provision about the recognition of a relevant qualification under subsection (1).

• (4) Rules made by virtue of subsection (3) may (in particular) make provision enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining applications for the recognition of relevant qualifications.

• (5) In this section “relevant qualification” has the same meaning as in section 36C (see section 36C(4)(a)).

15ZA

• (1) The Council must specify in relation to a person who applies to be registered in the dentists register under section 15(1)(d) what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

• (2) Subsection (1) does not apply if the specified state qualification held by the person is determined not to meet the standard in section 15(2ZA)(b)(ii) because Condition 3 is met in relation to it (see section 15(2E)).

• (3) Where the Council specify under this section an aptitude test or adaptation period, or both, in relation to a person, the aptitude test or the adaptation period, or the aptitude test and adaptation period together, must be proportionate to the difference sought to be addressed.

• (4) The Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.

• (5) If the Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.

• (6) In this section, “adaptation period” and “aptitude test” have the same meaning as in section 15.

26C

• (1) The Council must make information about the following matters available to specified state professionals who hold specified state qualifications in dentistry—

• (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

• (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

• (c) the processes and procedures for the ongoing verification of competence;

• (d) the criteria for, and procedures relating to, erasure of registration;

• (e) the documentation required of specified state professionals of that description and the form in which it should be presented; and

• (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of a registered dentist that are acceptable to the Council.

• (2) The Council must deal promptly with enquiries from specified state professionals of that description about conditions that apply to the practice of registered dentists.

36EA

• (1) Where a person applies for registration under section 36C in reliance on a specified state qualification or qualifications, the registrar must—

• (a) within the period of one month beginning with the date of receipt of the application—

• (i) acknowledge receipt of the application; and

• (ii) inform the applicant of any missing document required for the purposes of the application;

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

• (c) ensure that the evidence and information which the applicant must supply in support of the application is no more than is necessary to demonstrate to the registrar that the applicant satisfies the requirements for registration;

• (d) accept certified copies of documents in place of original documents, unless the Council require original documents to protect the integrity of the application process; and

• (e) deal promptly with the application and notify the applicant of the result of the application within the period of four months beginning with the relevant date.

• (2) For the purposes of subsection (1)(d), 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.

• (3) In subsection (1)(e), “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.

• (4) If the registrar makes a request for further evidence, information or documents from the applicant, the period beginning with the date on which the registrar makes that request and ending with the date on which the applicant complies with that request is to be disregarded in determining whether the period of four months referred to in subsection (1)(e) has expired.

• (5) If the registrar imposes a requirement on the applicant under section 36CA(6), the period beginning with the date on which the registrar imposes that requirement and ending with the date on which the applicant satisfies that requirement is to be disregarded in determining whether that period of four months has expired.

• (6) A document which is requested or required under section 36CA(4) or (6)(b) is not to be treated as missing for the purposes of this section.

36MA

• (1) The Council must make information about the following matters available to persons who are eligible to apply for registration in the dental care professionals register in reliance on their specified state qualifications—

• (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

• (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

• (c) the processes and procedures for the ongoing verification of competence;

• (d) the criteria for, and procedures relating to, erasure of registration;

• (e) the documentation required of such specified state professionals and the form in which it should be presented; and

• (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registered dental care professionals that are acceptable to the Council.

• (2) The Council must deal promptly with enquiries from such specified state professionals about conditions that apply to the practice of registered dental care professionals.