(1) The Council shall prepare and from time to time issue guidance as to the standards of conduct, performance and practice expected of registered dentists.
(2) Such guidance may make different provision in relation to different cases or classes of case.
(3) The Council shall keep such guidance under review and may vary or withdraw it whenever they consider it appropriate to do so.
(4) The Council shall from time to time publish guidance issued under this section.
(5) Before issuing such guidance or varying or withdrawing it, the Council shall consult—
(a) such persons to whom subsection (6) applies as the Council consider appropriate;
(b) the bodies within subsection (8); and
(c) such bodies to which subsection (9) applies as the Council consider appropriate.
(6) This subsection applies to persons who appear to the Council to be representative of one or more of the following—
(a) users of the services of registered dentists;
(b) users of the services of registered dental care professionals;
(c) registered dentists;
(d) registered dental care professionals;
(e) employers of registered dentists; and
(f) employers of registered dental care professionals.
(7) The Council shall exercise their function under subsection (5)(a) so that the persons consulted are, taken together, representative of all the categories of person mentioned in subsection (6)(a) to (f).
(8) The bodies within this subsection are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Local Health Boards in Wales;
(c) Health Boards in Scotland; ...
(d) Health and Social Care trusts in Northern Ireland ; and
(e) the Department of Health in Northern Ireland.
(9) This subsection applies to bodies which make arrangements, for the provision of dental services, with one or both of the following—
(a) registered dentists,
(b) registered dental care professionals,
but are not within subsection (8).
(10) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance to any person.
(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.
(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;
(c) adverse physical or mental health;
(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.
(1) Where the registrar refers an allegation under section 27 to the Investigating Committee they shall investigate the allegation and determine whether the allegation ought to be considered by a Practice Committee.
(2) If the Investigating Committee determine that the allegation ought not to be considered by a Practice Committee, the Investigating Committee may—
(a) issue a warning or advice to the person who is the subject of the allegation regarding his future conduct, performance and practice; and
(b) issue advice to any other person involved in the investigation on any issue arising in the course of the investigation.
(3) If the Investigating Committee issue a warning under subsection (2)(a), they may, if they consider it appropriate to do so, direct the registrar to enter details of that warning in the entry in the register relating to the person who is the subject of the allegation.
(3A) In deciding whether to issue a warning or advice under subsection (2) or give a direction under subsection (3), the Investigating Committee (or any panel by which the function is exercisable as mentioned in section 2(6A)) must have regard to the over-arching objective.
(4) Unless subsection (5) applies, if the Investigating Committee determine that the allegation ought to be considered by a Practice Committee, the Investigating Committee—
(za) may agree with the person who is the subject of the allegation that the person will comply with such undertakings as the Investigating Committee consider appropriate;
(a) if they do not agree undertakings under paragraph (za), shall refer the allegation—
(i) to the Professional Performance Committee, in the case of an allegation based on the ground mentioned in section 27(2)(b) (deficient professional performance),
(ii) to the Health Committee, in the case of an allegation based on the ground mentioned in section 27(2)(c) (adverse physical or mental health), or
(iii) to the Professional Conduct Committee, in any other case; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) Unless subsection (5) applies, the Investigating Committee may, if they consider it appropriate, refer the allegation to the Interim Orders Committee (subject to subsection (6B)).
(5) This subsection applies in a case where two or more allegations under section 27 relating to the same person have been referred to the Investigating Committee and those allegations are—
(a) an allegation based on the ground mentioned in section 27(2)(b) and an allegation or allegations based on any other grounds mentioned in section 27(2); or
(b) an allegation based on the ground mentioned in section 27(2)(c) and an allegation or allegations based on any other grounds mentioned in section 27(2).
(6) Where subsection (5) applies, and the Investigating Committee determine that two or more of those allegations ought to be considered by a Practice Committee, the Investigating Committee—
(za) may agree with the person who is the subject of those allegations that the person will comply with such undertakings as the Investigating Committee consider appropriate;
(a) if they do not agree undertakings under paragraph (za), shall refer those allegations to whichever one of the Practice Committees they consider most appropriate; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) Where subsection (5) applies, the Investigating Committee may, if they consider it appropriate, refer those allegations to the Interim Orders Committee (subject to subsection (6B)).
(6B) Subsections (4A) and (6A) do not apply if the Investigating Committee have determined that the allegation or allegations ought to be considered by a Practice Committee and—
(a) the Investigating Committee agree undertakings under subsection (4)(za) or (6)(za), or
(b) (if they do not agree undertakings under that provision) the hearing before a Practice Committee has commenced or, where there is not to be a hearing before a Practice Committee, a Practice Committee have begun to consider written statements or representations.
(6C) If the Investigating Committee agree undertakings under subsection (4)(za) or (6)(za), they may, if they consider it appropriate to do so, direct the registrar to enter details of the undertakings in the entry in the register relating to the person who is the subject of the allegation or allegations.
(7) The registrar shall serve notification of any determination made by the Investigating Committee under subsection (1) on the person who is the subject of the allegation and on the person (if any) making the allegation.
(8) The Investigating Committee may review and if they consider it appropriate revise a determination made by them that an allegation or allegations ought to be considered by a particular Practice Committee—
(a) on a reference back to them from that Practice Committee under section 27B(4); or
(b) on an application made by the Council, the registrar, the person who is the subject of the allegation or allegations or any person making the allegation or allegations, but only if such review is carried out—
(i) where there is to be a hearing before that Practice Committee, before the commencement of that hearing, or
(ii) where there is not to be a hearing before that Practice Committee, before that Practice Committee have begun to consider written statements or representations.
(8A) On a review under subsection (8) the Investigating Committee may refer the allegation or allegations to the Interim Orders Committee.
(9) Subsection (2) applies to a determination by the Investigating Committee, following a review under subsection (8), that an allegation or allegations ought not to be considered by a Practice Committee, as it applies to a determination under subsection (1) that an allegation ought not be considered by a Practice Committee.
(10) If the Investigating Committee determine, under subsection (1) or following a review under subsection (8), that an allegation or allegations against a person ought not to be considered by a Practice Committee, they shall, at the same time, revoke with immediate effect any interim order which has been made under section 32 in respect of that person in consequence of that allegation or those allegations.
(11) The Investigating Committee may review a determination made by them to issue a warning under subsection (2)(a) on an application made—
(a) by the person to whom the warning was issued or the registrar;
(b) before the end of the period of two years beginning with the date on which the determination was made.
(12) On a review under subsection (11) the Investigating Committee may, if they consider it appropriate—
(a) revoke the warning, and
(b) direct the registrar to remove details of the warning from the entry in the register relating to the person to whom the warning was issued.
(13) Rules may make provision in connection with undertakings under subsections (4)(za) and (6)(za) (including provision as to the actions which may be taken in consequence of undertakings being breached).
27AA Delegation of the Investigating Committee’s functions under section 27A
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.
(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.
(1) Subject to subsection (4), a Practice Committee must investigate an allegation or allegations against a person referred to them by the Investigating Committee under section 27A and determine whether that person’s fitness to practise as a dentist is impaired.
(2) In making a determination under subsection (1), the Practice Committee may take into account whether the person who is the subject of the allegation or allegations has complied with any relevant parts of the guidance issued under section 26B, but that question is not of itself determinative of whether a person’s fitness to practise as a dentist is impaired.
(3) If the person who is the subject of an allegation or allegations is also registered in the dental care professionals register, a Practice Committee shall, in exercising their function under subsection (1), make a separate determination under section 36P(1) (fitness to practise as a member of a profession complementary to dentistry).
(4) Where a Practice Committee consider that any allegation should not have been referred to them by the Investigating Committee under section 27A, they may refer that allegation back to the Investigating Committee.
(5) If a Practice Committee determine that a person’s fitness to practise as a dentist is not impaired, they—
(a) shall publish at his request a statement to that effect; or
(b) may publish such a statement if he consents.
(6) If a Practice Committee determine that a person’s fitness to practise as a dentist is impaired, they may, if they consider it appropriate, direct—
(a) (subject to subsection (7)) that the person’s name shall be erased from the register;
(b) that his registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction;
(c) that his 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 Practice Committee think fit to impose for the protection of the public or in his interests; or
(d) that he shall be reprimanded in connection with any conduct or action of his which was the subject of the allegation.
(7) The direction specified in subsection (6)(a) shall not be given following a determination that a person’s fitness to practise as a dentist is impaired solely on the ground mentioned in section 27(2)(c) (adverse physical or mental health).
(8) Where a Practice Committee give a direction under subsection (6), the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under paragraph (d) of that subsection) of his right to appeal against it under section 29.
(9) Where a Practice Committee make a determination under subsection (1) as to a person’s fitness to practise as a dentist, they shall, at the same time, revoke any interim order which has been made under section 32 in respect of that person in consequence of the allegation, or allegations, to which that determination relates.
(10) The revocation of an interim order under subsection (9) shall take effect—
(a) in the case of a determination that the person’s fitness to practise is not impaired, forthwith;
(b) in the case of a direction given under paragraph (d) of subsection (6), forthwith; and
(c) in the case of a direction given under paragraph (a), (b) or (c) of subsection (6), subject to section 30(5), from the time when—
(i) any direction given under those paragraphs takes effect in accordance with section 29A,
(ii) an appeal under section 29 against the decision giving such a direction is determined under section 29(3)(b) or (c), or
(iii) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.
(1) Where a Practice Committee have given a direction under section 27B(6)(b) or subsection (2)(d) or (3) of this section that a person’s registration should be suspended, they may direct—
(a) that the suspension shall be terminated;
(b) that the current period of suspension shall be extended for such further period, specified in the direction and not exceeding twelve months, beginning with the date on which it would otherwise expire;
(c) that the suspension shall be terminated and the 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 Practice Committee think fit to impose for the protection of the public or in his interests; or
(d) that the person’s registration in the register shall be suspended indefinitely, if—
(i) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years, and
(ii) the direction is made not more than two months before the date on which the period of suspension would otherwise expire.
(2) Where a Practice Committee have given a direction under section 27B(6)(c), subsection (1)(c) or (5)(c) of this section or section 28(6)(b) imposing conditional registration, they may give one or more of the following directions—
(a) a direction that the registration shall cease to be conditional from a date specified in the direction;
(b) a direction that the current period of conditional registration shall be extended for such further period, specified in the direction and not exceeding three years, beginning with the date on which it would otherwise expire;
(c) a direction that one or more of the conditions imposed on the registration shall be varied or revoked, or that those conditions shall be added to, as specified in the direction; or
(d) a direction that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.
(3) Where a Practice Committee—
(a) have given a direction under section 27B(6)(c), subsection (1)(c), (2)(b) or (c) or (5)(c) of this section or section 28(6)(b) imposing conditions on a person’s registration, or extending a period of conditional registration, in the register, or
(b) have made an order under section 32(4)(b) for interim conditional registration,
and the Practice Committee determine that at any time during the period for which that direction or order has effect the person has failed to comply with any condition imposed on his registration, the Practice Committee may direct that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.
(4) Where a Practice Committee have given a direction under subsection (1)(d) that a person’s registration is to be suspended indefinitely, they must review the direction if—
(a) the person requests them to do so;
(b) at least two years have elapsed since the date on which the direction took effect; and
(c) if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the last such review decision.
(5) On such a review a Practice Committee may—
(a) direct that the suspension shall be terminated;
(b) confirm the direction to suspend the person’s registration indefinitely; or
(c) direct that the suspension shall be terminated and the 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 Practice Committee think fit to impose for the protection of the public or in his interests.
(6) Where a Practice Committee give a direction under this section, the registrar shall forthwith serve on the person concerned notification of the direction and (except in the case of a direction under subsection (1)(a), (2)(a) or (5)(a) or a direction under subsection (2)(c) that a condition or conditions shall be revoked) of his right to appeal against it under section 29.
28 Restoration of names to the register following erasure under section 27B
(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);
(c) he meets the requirements of any rules made under section 34B which apply to his case; and
(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).
(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;...
(c) a decision of the Professional Conduct Committee under section 28—
(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
(c) in the case of any other person, means the High Court in England and Wales.
(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.
29A Taking effect of directions for erasure, suspension, conditional registration etc.
(1) This section applies to—
(a) a direction for erasure given by the Professional Conduct Committee under section 24(3);
(b) a direction for erasure, suspension, conditional registration or variation of or addition to the conditions of registration given by a Practice Committee under section 27B or 27C; and
(c) a direction for conditional registration given by the Professional Conduct Committee under section 28(6)(b).
(2) A direction to which this section applies shall take effect—
(a) where no appeal under section 29 is brought against the decision giving the direction within the period of time specified in subsection (1B) of that section, on the expiry of that period;
(b) where such an appeal is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or
(c) where such an appeal is brought and is not withdrawn or struck out for want of prosecution, on the dismissal of the appeal.
(3) Where the period of time for appealing against a decision giving a direction is extended under section 29(1C)—
(a) subsection (2) shall apply to the direction as if the reference in paragraph (a) of that subsection to the period of time specified in section 29(1B) were a reference to that period as so extended, and
(b) if the authorisation is given after the expiry of the period of time specified in section 29(1B), the direction shall be deemed not to have taken effect on the expiry of that period,
and any reference in this Act to the time when such a direction takes effect in accordance with this section shall be construed accordingly.
(4) In this section—
(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.
30 Orders for immediate suspension and immediate conditional registration
(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
(c) in the case of any other person, means the High Court in England and Wales.
(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
(c) by a Practice Committee in accordance with rules under paragraph 7(1)(c) of Schedule 3.
(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).
33 Supplementary provisions relating to fitness to practise cases
(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.
33A Recording of suspension or conditional registration etc.
(1) Where a direction or order under this Part for suspension, conditional registration or variation of or addition to the conditions of registration takes effect in relation to a person, 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 made conditional.
(2) The registrar shall erase that note from the register at such time as the direction or order ceases (for any reason) to have effect.
(3) In this section—
(a) a reference to a direction or order for suspension includes a reference to a direction or order extending a period of suspension and a direction for indefinite suspension; and
(b) a reference to a direction or order for conditional registration includes a reference to a direction or order extending a period of conditional registration.
(4) Where a direction under section 24(3) or 27B(6)(a) (direction for erasure from the register) in respect of a person takes effect, the registrar shall remove that person’s name from the register.
(5) Where a decision under section 24(6)(a) or 28 that a person’s name is to be restored to the register takes effect, the registrar shall restore that person’s name to the register.
33B The Council’s power to require disclosure of information
(1) For the purpose of assisting the Council or any of their committees in carrying out functions under this Part, the Council may require a person (“the relevant party”) whose fitness to practise as a dentist is in question, to provide details of any person—
(a) by whom the relevant party is employed to provide services in, or in relation to, any area of dentistry; or
(b) with whom he has an arrangement to provide such services.
(2) For the purpose of assisting the Council or any of their committees in carrying out functions under this Part in respect of a person’s fitness to practise as a dentist, the Council may require any person (except the person in respect of whom the information or document is sought) to supply any information or produce any document in his custody or under his control which appears to the Council relevant to the discharge of those functions.
(3) Nothing in this section shall require or permit any disclosure of information which is prohibited by any relevant enactment or relevant provision of the UK GDPR .
(4) For the purposes of subsection (3)—
“relevant enactment” means any enactment other than—
this Act, or
the listed provisions in paragraph 1 of Schedule 11 to the Data Protection Act 2018 (exemptions to Part 4 : disclosures required by law);
“relevant provision of the UK GDPR” means any provision of the UK GDPR apart from the listed UK GDPR provisions in paragraph 1 of Schedule 2 to the Data Protection Act 2018 (UK GDPR provisions to be adapted or restricted: disclosures required by law).
(5) A person shall not be required to supply any information or produce any document under subsection (2) which he could not be compelled to supply or produce in civil proceedings before the relevant court.
(6) In subsection (5) “the relevant court” means—
(a) if the person’s address in the register is in Scotland or, if he is not registered in the register, he is resident there, the Court of Session;
(b) if the person’s address in the register is in Northern Ireland or, if he is not registered in the register, he is resident there, the High Court in Northern Ireland;
(c) in any other case, the High Court in England and Wales.
(7) If a person fails to supply any information or produce any document within 14 days of being required to do so under subsection (1) or (2), the Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.
(8) In subsection (7), “the relevant court” means the county court or, in Scotland, the sheriff.
(9) In subsection (8), “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person who fails to supply the information or produce the document; and in this subsection, “address” means, where the person is registered, his address in the register, or, where he is not registered in the register, the address where he resides.
(10) For the purposes of subsection (4), “enactment” includes—
(a) a provision of, or an instrument made under, an Act of the Scottish Parliament;
(b) a provision of, or an instrument made under, Northern Ireland legislation; and
(c) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978).
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) As soon as reasonably practicable after an allegation as to a person’s fitness to practise as a dentist has been referred to the Investigating Committee under section 27(5)(a), the Council shall inform the following persons of that fact—
(a) the Secretary of State, the Department of Health, Social Services and Public Safety in Northern Ireland, the Scottish Ministers and the National Assembly for Wales; and
(b) any person in the United Kingdom to whom subsection (2) applies.
(2) This subsection applies to a person if the Council are aware that he—
(a) employs the person concerned to provide services in, or in relation to, any area of dentistry; or
(b) has an arrangement with the person concerned for that person to provide such services.
(3) The Council or the registrar may disclose to any person any information relating to a person’s fitness to practise as a dentist, including information relating to an allegation under section 27, where they consider it to be in the public interest for the information to be disclosed.
34A Professional training and development requirements
(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 Restoration of name to the register: professional training and development
(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.
35 Effect on registration of disqualification in a relevant European State.
(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.
(1) For the purposes of this Act, a profession complementary to dentistry is a profession—
(a) the majority of whose members work in connection with the provision of dental care—
(i) with persons receiving such care, or
(ii) with persons registered in the dentists register or the dental care professionals register established by section 36B; and
(b) in respect of which the regulatory body is not a body (other than the Council) listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
(2) The Council may by regulations specify—
(a) a profession complementary to dentistry; or
(b) a class of members of a profession complementary to dentistry.
(3) Regulations under subsection (2) specifying a profession or class of members must also specify a title which applies to that profession or class.
(4) Regulations under subsection (2) shall not come into force until approved by order of the Privy Council.
(5) Before making regulations under subsection (2), the Council shall consult organisations appearing to the Council to be representative of the professions, or classes of members of professions, specified in the proposed regulations.
(6) The following provisions of this Part apply in relation to all members of a profession complementary to dentistry except those members of a profession or class in relation to which no regulations under subsection (2) are in force.
(1) There shall be a register of members of professions complementary to dentistry to be known as the dental care professionals register.
(1A) The dental care professionals register shall contain particulars of persons who under section 36C are entitled to be registered in the dental care professionals register.
(2) The dental care professionals register shall be kept by the registrar.
(3) Subsections (4) and (5) of section 14 apply to the register established under this section, and to the registrar’s duties as keeper of that register, as they apply to the dentists register and to the registrar’s duties in respect of the dentists register.
(4) Rules may make provision relating to the form of the dental care professionals register and the manner in which it is to be kept.
(5) A person may not be registered in the dental care professionals register except under one or more of the titles specified in regulations under section 36A(2).
(6) A certificate purporting to be signed by the registrar, certifying that a person—
(a) is registered in the dental care professionals register under a particular title,
(b) is not registered in that register under a particular title,
(c) was registered in that register under a particular title at a specified date or during a specified period,
(d) was not registered in that register under a particular title at a specified date or during a specified period, or
(e) has never been registered in that register under a particular title,
shall be evidence (and in Scotland sufficient evidence) of the matters certified.
(1) Subject to the provisions of this Act, a person shall be entitled to be registered under a particular title in the dental care professionals register if he satisfies the registrar—
(a) of matter A or C, and
(b) of matter D.
(2) Matter A is that the person holds a qualification or qualifications approved by the Council under section 36D(2) in relation to the profession, or class of members of a profession, to which the title applies.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Matter C is that the person—
(a) holds a qualification or qualifications , other than a diploma in dentistry granted by an institution or institutions outside the United Kingdom relevant to the profession complementary to dentistry, or class of members of such a profession, to which the title applies (in this section referred to as “relevant qualifications”); and
(b) has satisfied the Council that he has the requisite knowledge and skill to practise as a member of the profession or class to which the title applies (see sections 36CB (requisite knowledge and skill: holders of relevant qualifications) and 36CC (requisite knowledge and skill: recognition of relevant qualifications)); ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that—
(a) was granted in a relevant European State, and
(b) demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2).
(4B) Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that is a specified state qualification or relevant qualifications that are specified state qualifications where—
(a) the relevant qualification demonstrates or the relevant qualifications taken together demonstrate, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2), or
(b) the person has met the requirement specified in relation to the person under subsection (4E).
(4C) The Council may determine that the person’s relevant qualification does not or relevant qualifications taken together do not meet the standard in subsection (4B)(a) only where one or more of Conditions 1 to 3 are met.
(4D) For the purposes of this section—
(a) Condition 1 is met where there exists a substantial difference between the level of knowledge and skill demonstrated by the person’s relevant qualification or qualifications taken together and the level of knowledge and skill demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2);
(b) Condition 2 is met where the professional activities to which the qualification approved (or qualifications together approved) by the Council under section 36D(2) in respect of the same profession or class relates (or relate) include one or more professional activities that cover substantially different matters from those covered by the person’s relevant qualification or qualifications;
(c) Condition 3 is met where requiring the person to take an aptitude test or complete an assessment period, or to do both, would amount to requiring the person to acquire a qualification approved (or qualifications together approved) by the Council under section 36D(2) in respect of the same profession or class.
(4E) If the person applies to be registered by virtue of subsection (4B)(b), the Council must specify in relation to the person what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.
(4F) Subsection (4E) does not apply if the person’s relevant qualification is or relevant qualifications taken together are determined not to meet the standard in subsection (4B)(a) because Condition 3 is met in relation to the qualification or qualifications.
(4G) Where the Council specify under subsection (4E) 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 the adaptation period together, must be proportionate to the difference sought to be addressed.
(4H) 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.
(4I) 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.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Matter D is—
(a) the person’s identity;
(aa) that he has the necessary knowledge of English;
(b) that he is of good character; and
(c) that he is in good health, both physically and mentally.
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section—
“adaptation period” means—
in relation to registration under a particular title in the dental care professionals register in reliance on a specified state qualification in a profession complementary to 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 registered dental care professional of the profession, or class of members of a profession, to which the title applies;
in relation to registration under a particular title in the dental care professionals register in reliance on a specified state qualification in a profession complementary to 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 registered dental care professional of the profession, or class of members of a profession, to which the title applies;
“aptitude test”, in relation to registration under a particular title in the dental care professionals register, means an assessment with the aim of determining whether a person has the knowledge and skill that the Council consider to be required for a person to practise as a member of the profession or class to which the title relates.
36CA Supplementary provisions as to necessary knowledge of English
(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).
36CB Requisite knowledge and skill: holders of relevant qualifications
(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 Requisite knowledge and skill: recognition of relevant qualifications
(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)).
36D Education and training for members of professions complementary to dentistry
(1) For each regulated profession or class, the Council shall, from time to time—
(a) determine the appropriate standard of proficiency which, in their opinion, is required for a person to practise competently and safely as a member of the profession or class; and
(b) specify the content and standard of the education and training (including practical experience) which, in their opinion, is required for imparting the knowledge and skills necessary for a person to obtain that proficiency.
(2) Where the Council are satisfied that—
(a) a qualification granted by an institution in the United Kingdom is evidence of having reached the standard of proficiency for a regulated profession or class determined under subsection (1),
(b) a qualification which such an institution proposes to grant will be such evidence, or
(c) two or more qualifications granted or to be granted as mentioned in paragraph (a) or (b), taken together, are or will be such evidence,
the Council may approve that qualification or those qualifications in relation to that regulated profession or class.
(3) The matters determined or specified under subsection (1), and the qualifications approved under subsection (2), shall be published by the Council from time to time in such form as appears to them to be appropriate.
(4) The Council shall ensure that establishments providing or overseeing courses of education or training for persons who seek registration under a title in the dental care professionals register are notified of—
(a) the matters for the time being determined or specified under subsection (1); and
(b) the qualifications for the time being approved under subsection (2).
(5) Rules shall make provision for the withdrawal of approval given under subsection (2) in such circumstances as may be specified in the rules.
(6) Rules may make provision for the appointment by the Council of persons to visit establishments which provide or oversee, or seek to provide or oversee, courses of education or training for persons referred to in subsection (4), for the purposes of advising and reporting back to the Council upon matters connected with such courses, including—
(a) the sufficiency of instruction provided or overseen by, or to be provided or overseen by, those establishments;
(b) the suitability of a particular qualification for approval under subsection (2); and
(c) whether approval of a particular qualification ought to be withdrawn under rules under subsection (5).
(7) Rules may make provision—
(a) for the appointment by the Council of persons to attend examinations (or other forms of assessment) taken by persons attempting to obtain qualifications approved under subsection (2); and
(b) for persons appointed under paragraph (a) to report back to the Council on their findings.
(8) In this section “regulated profession or class” means a profession complementary to dentistry, or class of members of such a profession, specified in regulations under section 36A(2).
36E Rules relating to the dental care professionals register
(1) Rules may make provision relating to—
(a) the form of an application by a person seeking registration under a title in ... the dental care professionals register;
(b) the manner in which an application under paragraph (a) is to be made;
(c) the evidence and information which an applicant must supply in support of an application under paragraph (a) (other than evidence and information falling within section 36CA(1));
(d) the details which must be entered in the dental care professionals register; and
(e) the procedure for the making, alteration and deletion of entries in that register.
(2) Subsection (1) is subject to section 36EA.
36EA Applications by specified state professionals under section 36C
(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.
(1) The Council may by regulations—
(a) prescribe a fee ...—
(i) to be charged on the entry of a person’s name in the dental care professionals register under a title (including a name already registered in that register under another title or titles) or to be charged otherwise in connection with an application for registration,
(ii) to be charged on the restoration of a person’s name to that register under a title (including a name already registered in that register under another title or titles), or
(iii) to be charged on the entry in that register of additional qualifications held by a registered dental care professional;
(b) prescribe a fee to be charged in respect of the retention of a person’s name under a title or titles in the dental care professionals register for each period of twelve months;
(c) provide for the payment by instalments of a fee prescribed by regulations under paragraph (b);
(d) authorise the registrar (notwithstanding anything in this Act) to refuse to make any entry in the dental care professionals register or take any other action in connection with an application for registration in that register or restore any entry to that 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 in reliance on a specified state qualification or qualifications, 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
(c) payable by electronic means through the Council’s own website.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Council may by regulations provide that where a person, after such notices and warnings as may be provided for in the regulations, fails to pay a fee prescribed by regulations under subsection (1)(b), the registrar may erase that person’s name from registration under all titles under which that person is registered in the dental care professionals register.
(3) Where a person’s name has been erased from registration under a particular title by virtue of regulations under subsection (2), that name shall be restored to the dental care professionals register under that title on that person’s application if he satisfies the registrar—
(a) of Matter D within the meaning of section 36C; and
(b) that he meets the requirements of—
(i) section 36L, and
(ii) any rules made under section 36Z2 which apply to his case.
(4) Where, under subsection (3), the registrar refuses to restore a person’s name to the dental care professionals register under a title, the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it.
36G Publication of the dental care professionals register
(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 dental care professionals register;
(b) the title or titles under which a person is registered in that register;
(c) the qualifications of persons appearing in that register; and
(d) such other details as the Council may direct.
(2) For the purposes of subsection (1), the registrar may provide a member of the public with a copy of, or extract from, the dental care professionals register, and any such copy or extract shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.
36H Erasure of names of deceased persons and of those who have ceased to practise
(1) The registrar shall erase the name of a deceased person from registration under all titles under which that person is registered in the dental care professionals register; and on registering the death of a registered dental care professional, a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar a copy certified under his hand of the entry in the register of deaths relating to the death.
(2) Where a person is registered in the dental care professionals register under a title applying to a particular profession, or class of members of a profession, and has ceased to practise as a member of that profession or class, the registrar may, with that person’s consent, erase his name from registration in that register under that title.
(3) The registrar may send by post to a registered dental care professional a notice inquiring whether he has ceased to practise as a member of a particular profession complementary to dentistry, or class of members of such a profession, or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, the registrar may erase that person’s name from registration under all titles under which that person is registered in the dental care professionals register.
(4) Where, under subsection (2) or (3) or at a person’s request, a person’s name has been erased from registration under a particular title, that name shall be restored to the dental care professionals register under that title on that person’s application if the conditions specified in subsection (5) are met.
(5) The conditions referred to in subsection (4) are that—
(a) the original entry of the person’s name in the dental care professionals register under the title in question was not incorrectly made or fraudulently procured;
(b) the person satisfies the registrar of Matter D within the meaning of section 36C; and
(c) the person also satisfies the registrar that he meets the requirements of—
(i) section 36L, and
(ii) any rules made under section 36Z2 which apply to his case.
(1) If the registrar is satisfied that any entry in the dental care professionals register has been incorrectly made, he shall erase that entry from that register.
(2) If the registrar has reason to believe that any entry in the dental care professionals 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 in the dental care professionals register has been fraudulently procured, they may direct that the name of the person to whom the entry relates shall be erased from registration under all titles under which he is registered in that register.
(4) Where a person’s name has been erased from registration under a particular title under subsection (3), that person may apply to the Council for his name to be restored to that register under that title.
(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 dental care professionals register under the title in question;
(b) that the person’s name is not to be restored to that register under the title in question; or
(c) that the person’s name is not to be restored to that register under the title in question until the end of such period as the Professional Conduct Committee shall specify.
(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 36S.