(1) A registered dental care professional shall not take or use, or affix to or use in connection with his premises—
(a) any description reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the dental care professionals register in respect of him; or
(b) any title specified in regulations under section 36A(2) except the title or titles under which he is registered in the dental care professionals register.
(2) Any person who contravenes subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) A registered dental care professional who practises as a member of a profession complementary to dentistry must have in force, in relation to each title under which he is registered in the dental care professionals register, an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this section, an “indemnity arrangement” may comprise—
(a) a policy of insurance;
(b) an arrangement made for the purposes of indemnifying a person;
(c) a combination of the two.
(3) For the purposes of this section, “appropriate cover”, in relation to practice as a member of a profession complementary to dentistry, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) Rules may make provision in connection with the information to be provided to the registrar—
(a) by or in respect of a person seeking registration in the dental care professionals register under a particular title (whether or not that person is already registered in that register under any other title or titles) for the purpose of determining whether, if his name is entered in the register under that title, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
(b) by or in respect of a person seeking restoration of his name in the dental care professionals register under a particular title (whether or not that person is already registered in that register under any other title or titles) for the purpose of determining whether, if his name is restored in the register under a particular title, there will be in force in relation to him by the time he resumes practice an indemnity arrangement which provides appropriate cover; and
(c) by or in respect of a registered dental care professional seeking retention of his name in the dental care professionals register under a particular title for the purpose of determining whether, if his name is retained in the register, there will continue to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(5) Rules may make provision requiring a registered dental care professional to inform the registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(6) Rules may make provision requiring a registered dental care professional to inform the registrar if there is in force in relation to him appropriate cover under an indemnity arrangement provided by an employer.
(7) Rules made under subsection (4) above may require the information mentioned there to be provided—
(a) at the request of the registrar; or
(b) on such dates or at such intervals as the registrar may determine, either generally or in relation to individual dental care professionals or dental care professionals of a particular description.
(8) Where in relation to any title in the dental care professionals register, a person fails to comply with rules made under subsection (4), or there is a failure to comply with rules made under subsection (4) in relation to him, the registrar may—
(a) refuse to register his name in that register under that title;
(b) refuse to restore his name to that register under that title; or
(c) erase his name from that register under that title.
(9) Where a registered dental care professional is in breach of subsection (1) or fails to comply with rules made under this section—
(a) the registrar may erase that person's name from the register: or
(b) the breach or failure may be treated as misconduct for the purposes of section 36N(2)(a), and the registrar may accordingly refer the matter to the Investigating Committee under section 36N(5)(a).
(10) Where, under subsection (8)(c) or (9)(a), a person's name has been erased from the register under a particular title, 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) this section, and
(ii) any rules made under section 36Z2 which apply to that person's case.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Council shall prepare and from time to time issue guidance as to the standards of conduct, performance and practice expected of registered dental care professionals.
(2) Such guidance 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.
(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.
36MA Information for specified state professionals
(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.
(1) This section applies where an allegation is made to the Council against a registered dental care professional that his fitness to practise as a member of a profession complementary to dentistry is impaired.
(2) A person’s fitness to practise as a member of a profession complementary to dentistry 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 dental care professionals register.
(4) This section also applies in a case where—
(a) it comes to the attention of the Council that a registered dental care professional’s fitness to practise as a member of a profession complementary to dentistry 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 member of a profession complementary to dentistry 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 36N 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 any entry in the dental care professionals 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 36N(2)(b) (deficient professional performance),
(ii) to the Health Committee, in the case of an allegation based on the ground mentioned in section 36N(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 36N 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 36N(2)(b) and an allegation or allegations based on any other grounds mentioned in section 36N(2); or
(b) an allegation based on the ground mentioned in section 36N(2)(c) and an allegation or allegations based on any other grounds mentioned in section 36N(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 36P(5); 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 36V 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).
36OA Delegation of the Investigating Committee’s functions under section 36O
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.
(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.
(1) Subject to subsection (5), a Practice Committee must investigate an allegation or allegations against a person referred to them by the Investigating Committee under section 36O and determine whether that person’s fitness to practise as a member of a profession complementary to dentistry is impaired.
(2) A Practice Committee shall, in exercising their function under subsection (1), make separate determinations in relation to each title under which that person is registered in the dental care professionals register, as to his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies.
(3) In making a determination under subsection (1), a 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 36M, but that question is not of itself determinative of whether a person’s fitness to practise as a member of a profession complementary to dentistry is impaired.
(4) If the person who is the subject of an allegation or allegations is also registered in the dentists register, a Practice Committee shall, in exercising their function under subsection (1), make a separate determination under section 27B(1) (fitness to practise as a dentist).
(5) Where a Practice Committee consider that any allegation should not have been referred to them by the Investigating Committee under section 36O, they may refer that allegation back to the Investigating Committee.
(6) If a Practice Committee determine that, in relation to a title under which a person is registered in the dental care professionals register, his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies 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.
(7) If a Practice Committee determine that, in relation to a title under which a person is registered in the dental care professionals register, his fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is impaired, they may, if they consider it appropriate, direct—
(a) (subject to subsection (8)) that the person’s name shall be erased from registration in that register under that title;
(b) that his registration in that register under that title shall be suspended during such period not exceeding twelve months as may be specified in the direction;
(c) that his registration in that register under that title 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.
(8) A direction under subsection (7)(a) that a person’s name shall be erased from registration in the dental care professionals register under a particular title shall not be given following a determination that that person’s fitness to practise as a member of the profession, or class of members of a profession, to which that title applies is impaired solely on the ground mentioned in section 36N(2)(c) (adverse physical or mental health).
(9) Where a Practice Committee give a direction under subsection (7), 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 36S.
(10) Where a Practice Committee make a determination under subsection (1) as to a person’s fitness to practise as a member of a profession, or class of members of a profession, to which a particular title applies, they shall, at the same time, revoke any interim order which has been made under section 36V—
(a) in consequence of the allegation, or allegations, to which that determination relates; and
(b) in relation to that person’s registration in the dental care professionals register under that title.
(11) The revocation of an interim order under subsection (10) 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 (7), forthwith; and
(c) in the case of a direction given under paragraph (a), (b) or (c) of subsection (7), subject to section 36U(5), from the time when—
(i) any direction given under those paragraphs takes effect in accordance with section 36T,
(ii) an appeal under section 36S against the decision giving such a direction is determined under section 36S(6)(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 36P(7)(b) or subsection (2)(d) or (3) of this section that a person’s registration in the dental care professionals register under a particular title should be suspended, they may direct, in relation to that title—
(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 dental care professionals register under that title 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 dental care professionals register under that title 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 36P(7)(c), subsection (1)(c) or (5)(c) of this section or section 36R(6)(b) imposing conditions on a person’s registration in the dental care professionals register under a particular title, they may give one or more of the following directions in relation to that title—
(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 dental care professionals register under that title 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 36P(7)(c), subsection (1)(c), (2)(b) or (c) or (5)(c) of this section or section 36R(6)(b) imposing conditions on a person’s registration, or extending a period of conditional registration, in the dental care professionals register under a particular title, or
(b) have made an order under section 36V(4)(b) for interim conditional registration in relation to a particular title,
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, in relation to that title, that the person’s registration in the dental care professionals 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 in the dental care professionals register under a particular title 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, in relation to the title in question—
(a) direct that the suspension shall be terminated;
(b) confirm the direction to suspend the person’s registration under that title indefinitely; or
(c) direct that the suspension shall be terminated and the person’s registration in the dental care professionals register under that title 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 36S.
36R Restoration of names to the dental care professionals register following erasure under section 36P
(1) A person whose name has been erased from registration in the dental care professionals register under a particular title in accordance with a direction under section 36P(7)(a) may apply to the registrar for his name to be restored to that register under that title.
(2) No application under this section for the restoration of a person’s name to the dental care professionals 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 under the title in question 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 member of the profession complementary to dentistry, or class of members of such a profession, in question 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—
(a) that he is fit to practise as a member of the profession complementary to dentistry, or class of members of such a profession, in question;
(b) of Matter D within the meaning of section 36C;
(c) that he meets the requirements of any rules made under section 36Z2 which apply to his case; and
(d) that 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 dental care professionals register under the title in question shall be conditional on his satisfying the registrar that he meets the requirements of section 36L (insurance) in relation to that title;
(b) a direction that a person’s registration in that register under the title in question 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 36S.
(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 36S.
(9) Where, during the same period of erasure from registration in the dental care professionals register under a particular title, a second or subsequent application relating to that title 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 36S.
(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 36I—
(i) giving a direction under subsection (3) of that section for erasure of a person’s name from the dental care professionals register under all titles under which he is registered in that register, or
(ii) refusing an application under subsection (6) of that section to restore a person’s name to that register under a particular title, or refusing to so restore his name until the end of a specified period;
(b) a decision of a Practice Committee under section 36P or 36Q giving, in relation to a particular title, 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 36R—
(i) refusing to grant an application to restore a person’s name to the dental care professionals register under a particular title,
(ii) giving, in relation to a particular title, a direction for conditional registration under subsection (6)(b) of that section, or
(iii) giving a direction under subsection (9) of that section in respect of a particular title suspending indefinitely the right to make further applications under that section.
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) 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.
(3) Subject to subsection (4), 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 36I(7), 36P(9), 36Q(6) or 36R(7), (8) or (10), ... appeal against the decision to the relevant court.
(4) Where—
(a) any notification of a decision required to be served on a person under any of the provisions specified in subsection (3) 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.
(5) In subsection (3) “the relevant court”—
(a) in the case of a person whose address in the dental care professionals 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 that 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.
(6) 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 36I, 36P, 36Q or 36R in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
(7) 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.
36T Taking effect of directions for erasure, suspension, conditional registration etc.
(1) This section applies to—
(a) a direction given by the Professional Conduct Committee under section 36I(3) for erasure of a person’s name from the dental care professionals register under all titles under which he is registered in that register;
(b) a direction, in relation to a particular title, for erasure, suspension, conditional registration or variation of or addition to the conditions of registration given by a Practice Committee under section 36P or 36Q; and
(c) a direction, in relation to a particular title, for conditional registration given by the Professional Conduct Committee under section 36R(6)(b).
(2) A direction to which this section applies shall take effect—
(a) where no appeal under section 36S is brought against the decision giving the direction within the period of time specified in subsection (3) 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 36S(4)—
(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 36S(3) 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 36S(3), 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.
36U Orders for immediate suspension and immediate conditional registration
(1) On giving a direction, in relation to a particular title, for erasure or for suspension under section 36I(3), section 36P(7)(a) or (b) or section 36Q(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 under that title shall be suspended forthwith in accordance with this section.
(2) On giving a direction, in relation to a particular title, for conditional registration under section 36P(7)(c), section 36Q(1)(c) or (5)(c) or section 36R(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 under that title 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 dental care professionals register under the title in question 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 36T;
(b) an appeal under section 36S against the decision giving the direction is determined under section 36S(6)(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 36V in respect of that person has been revoked by virtue of section 36P(10), 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 dental care professionals register is in Scotland, means the Court of Session;
(b) in the case of a person whose address in that 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 36N(5)(b);
(b) by the Investigating Committee under section 36O(4A) or (6A); or
(c) by a Practice Committee in accordance with rules under paragraph 7(1)(c) of Schedule 4B.
(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 36O(4)(a) or (6)(a); or
(b) by another Practice Committee in accordance with rules under paragraph 7(1)(a) of Schedule 4B.
(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 in the dental care professionals register under a particular title to be suspended or to be made subject to conditions, the Committee may make—
(a) an order that his registration in that register under that title 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 in that register under that title 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 under any provision of this section (including this subsection) in relation to a person’s registration in the dental care professionals register under a particular title, the Committee that made the order may, in relation to that title—
(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 in relation to a person’s registration in the dental care professionals register under a particular title, the court may, in relation to that title—
(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 36U(8).
36W Supplementary provisions relating to fitness to practise cases
(1) While a person’s registration in the dental care professionals register under a particular title 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 that register under that title, notwithstanding that his name still appears in that register; but
(b) sections 36N, 36O, 36P and 36Q shall continue to apply to him in relation to that title.
(2) While a person’s registration in the dental care professionals register under a particular title 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 36Z1 as if his registration were not so suspended.
(3) Where any such direction as is mentioned in section 36Q(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given in relation to a person’s registration in the dental care professionals register under a particular title while his registration under that title is subject to conditions or suspended by virtue of a direction under this Part, his registration under that title shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration under that title 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 36T;
(b) an appeal under section 36S against the decision giving the direction is determined under section 36S(6)(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 36S, 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 36U(1) or (2).
(5A) In exercising a function under section 36P, 36Q or 36R, 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 4B to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals) shall have effect.
36X 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 dental care professionals register of that fact, of the title in relation to which the direction or order is made, and of the period for which that person’s registration is to be suspended or made conditional.
(2) The registrar shall erase any note made in accordance with subsection (1) from the dental care professionals 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 36I(3) or 36P(7)(a) (direction for erasure from the dental care professionals register) in respect of a person takes effect, the registrar shall remove that person’s name from registration in that register under the title in relation to which the direction is given.
(5) Where a decision under section 36I(6)(a) or 36R that a person’s name is to be restored to the dental care professionals register under a title takes effect, the registrar shall restore that person’s name to that register under the title in relation to which the decision is made.
36Y 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 member of a profession complementary to dentistry 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 member of a profession complementary to dentistry, 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 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 dental care professionals register is in Scotland or, if he is not registered in that register, he is resident there, the Court of Session;
(b) if the person’s address in that register is in Northern Ireland or, if he is not registered in that 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 dental care professionals register, or, where he is not registered in that 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 member of a profession complementary to dentistry has been referred to the Investigating Committee under section 36N(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 member of a profession complementary to dentistry, including information relating to an allegation under section 36N, where they consider it to be in the public interest for the information to be disclosed.
36Z1 Professional training and development requirements
(1) In relation to each profession, or class of members of a profession, specified in regulations under section 36A(2), rules shall require registered dental care professionals to undertake such professional training and development as may be specified in the rules.
(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 it appears to the registrar that the person has failed to comply with the requirements of rules under subsection (1) relating to that profession or class, the registrar may erase that person’s name from registration in that register under that title.
(3) Where, under subsection (2), 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 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) Rules shall specify the procedures to be followed before the registrar—
(a) may, under subsection (2), erase a person’s name from registration in the dental care professionals register under a title; or
(b) may, under subsection (3), make a decision whether or not to restore a person’s name to that register under a title.
(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.
36Z2 Restoration of names to the dental care professionals 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 dental care professionals register under a particular title following its erasure from registration under that title 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.
(1) Subject to subsection (1A), for the purposes of this Act, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances shall be deemed to have practised dentistry within the meaning of this Act.
(1A) For the purposes of this Act, the practice of dentistry shall be deemed not to include the performance of any medical task by a person who—
(a) is qualified to carry out such a task; and
(b) is a member of a profession regulated by a regulatory body (other than the Council) listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
(2) Dental work to which subsection (2A) or (2B) applies shall not be treated for the purposes of this Act as amounting to the practice of dentistry if it is undertaken under the direct personal supervision of—
(a) a registered dentist; or
(b) a registered dental care professional of a kind authorised in rules under this section to carry out such supervision.
(2A) This subsection applies to dental work if it is undertaken—
(a) by a person recognised by a dental authority as a student of dentistry or by a medical authority as a medical student; and
(b) as part of a course of instruction or training approved by that authority for students of that kind or as part of an examination so approved.
(2B) This subsection applies to dental work if it is undertaken by a person as part of—
(a) a course of instruction or training which he is following in order to qualify for registration in the dental care professionals register under a particular title or titles; or
(b) an examination which he must pass in order to satisfy the requirements for registration in that register under a particular title or titles.
(2C) Subsection (2) does not have effect in relation to dental work that is done by a person as part of an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E).
(3) In this section “medical authority” means a body or combination of bodies included in the list maintained under section 4(1) of the Medical Act 1983 (qualifying examinations and primary United Kingdom qualifications) which is entitled to hold qualifying examinations for the purpose of granting one or more primary United Kingdom medical qualifications.
38 Prohibition on practice of dentistry by laymen.
(1) A person who is not a registered dentist or a registered dental care professional shall not practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry.
(1A) A specified state professional undertaking an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E) does not contravene subsection (1) by practising dentistry or by holding out as regards practising or being prepared to practise dentistry if the practising of dentistry is done as part of the adaptation period or (as the case may be) the holding out relates only to the practising of dentistry as part of the adaptation period.
(2) Any person who acts in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
(3) Summary proceedings for an offence under this section may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than two years after the commission of the offence.
(4) For the purposes of subsection (3) above a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as is mentioned in that subsection came to his knowledge shall be conclusive evidence of that date, and any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.
39 Prohibition on use of practitioners’ titles by laymen.
(1) A person shall not take or use the title of dentist, dental surgeon or dental practitioner, either alone or in combination with any other word, unless he is a registered dentist ....
(2) No person shall take or use any title or description implying that he is a registered dentist unless he is a registered dentist.
(2A) A person who is not a registered dental care professional shall not take or use any title specified in regulations under section 36A(2), either alone or in combination with any other word.
(2B) No person shall take or use any title or description implying that he is a registered dental care professional unless he is a registered dental care professional.
(3) Any person who acts in contravention of this section shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
(1) For the purposes of this Act a person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member receives payment for services rendered in the course of the practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.
(2) Notwithstanding subsection (1) above, the receipt of payments—
(a) by an authority providing national health services, or
(aa) by a person providing primary dental services ... under a contract under section 100 of the National Health Service Act 2006 or an agreement under section 107 of that Act, or ... under a contract under section 57 of the National Health Service (Wales) Act 2006 or an agreement under section 64 of that Act, or
(ab) by a person (other than one falling within paragraph (a) above) providing personal dental services under section 28C of the National Health Service Act 1977 or section 17C of the National Health Service (Scotland) Act 1978 , or
(ac) by a person (other than one falling within paragraph (a) above) providing personal dental services under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 , or
(b) by a person providing dental treatment for his employees without a view to profit, or
(c) by a person providing dental treatment without a view to profit dental treatment without a view under conditions approved by the Secretary of State or the Department of Health and Social Services for Northern Ireland,
shall not constitute the carrying on of the business of dentistry for the purposes of this Act.
(1) Subject to the provisions of this section, an individual who is not a registered dentist shall not carry on the business of dentistry unless—
(a) he was engaged in carrying on the business of dentistry on 21st July 1955; or
(b) he falls within a class of registered dental care professionals prescribed in rules under this section.
(1A) For the purposes of this section, an “authorised dental care professional” means an individual who falls within subsection (1)(b).
(1B) Any individual who contravenes this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) The exemption conferred by subsection (1)(a) on persons who were carrying on the business of dentistry on the date there mentioned shall not extend to any person who has at any time ceased to be a registered dentist in consequence of a Practice Committee giving a direction under section 27B or 27C or making an order under section 30(1) for the erasure of his name from the register, or for the suspension of his registration, following a relevant determination that his fitness to practise as a dentist is impaired.
(2A) For the purposes of subsection (2), a “relevant determination” that a person’s fitness to practise is impaired is a determination which is based solely on one or more of the grounds mentioned in paragraph (a), (d), (e), (f) or (g) of subsection (2) of section 27 (misconduct etc.).
(3) This section shall not operate to prevent a person from carrying on the business of dentistry during any period for which—
(a) his registration in the register is suspended by virtue of a direction given by a Practice Committee under section 27B or 27C, or an order made by a Practice Committee under section 30(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 27 (adverse physical or mental health), that his fitness to practise is impaired, or
(b) his registration in the dental care professionals register is suspended by virtue of a direction given by a Practice Committee under section 36P or 36Q, or an order made by a Practice Committee under section 36U(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 36N (adverse physical or mental health), that his fitness to practise is impaired,
and subsections (4) and (6) shall apply in relation to a person whose registration is so suspended as they apply in relation to a registered dentist or an authorised dental care professional.
(4) Where a registered dentist or authorised dental care professional who died after 3rd July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his personal representatives or his surviving spouse or his surviving civil partner or any of his children, or trustees on behalf of his surviving spouse or his surviving civil partner or any of his children, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with his death.
(5) Where a registered dentist ... who died before 4th July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his widow, or trustees on behalf of his widow, from carrying on the business of dentistry in continuance of that business or practice at any time during her life.
(6) Where a registered dentist or authorised dental care professional becomes bankrupt at a time when he is carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his trustee in bankruptcy, or in Northern Ireland the official assignee, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with the bankruptcy.
(7) Rules made under subsection (1)(b) shall not be amended or revoked in such a way that any class of registered dental care professionals prescribed in those rules ceases thereafter to be prescribed.
(1) A body corporate commits an offence if it carries on the business of dentistry at a time when a majority of its directors are not persons who are either registered dentists or registered dental care professionals.
(2) Where a person is the subject of a decision erasing his name from, or suspending him from, a register kept by any of the regulatory bodies listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, that person commits an offence if he is a director of a body corporate carrying on the business of dentistry at any time when such an erasure or suspension remains in effect.
(3) Any body corporate committing an offence under subsection (1), or any person committing an offence under subsection (2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
43A Provision of information and payment of fees by bodies corporate
(1) The Council shall maintain a list, in such form as they consider appropriate, of bodies corporate which carry on the business of dentistry.
(2) Subject to subsections (3) and (4), a body corporate which carries on the business of dentistry shall, at intervals of no more than twelve months, provide the Council with the information specified in subsection (5).
(3) A body corporate which is carrying on the business of dentistry at the time when this section comes into force shall first provide the Council with the information specified in subsection (5) within the period of twelve months beginning with the date on which this section came into force.
(4) A body corporate which begins to carry on the business of dentistry after this section comes into force shall first provide the Council with the information specified in subsection (5) within the period of three months beginning with the date on which it begins to carry on that business.
(5) The information referred to in subsections (2), (3) and (4) is—
(a) the address of the body corporate’s principal office;
(b) the names of the directors of the body corporate and the addresses where they are resident;
(c) the names of all persons who practise dentistry in the course of the business and the addresses where they are resident;
(d) the names of all registered dental care professionals not falling within paragraph (b) or (c) who, in the course of the business, provide services in, or in relation to, any area of dentistry, and the addresses where they are resident; and
(e) such further information as may be specified in rules.
(6) Rules may specify the form and manner in which the information specified in subsection (5) is required to be provided.
(7) The Council may make regulations providing that a fee is payable by a body corporate on each occasion on which that body is required to provide information in accordance with subsection (2), (3) or (4).
43B Financial penalties in relation to bodies corporate
(1) The registrar may refer to the Professional Conduct Committee for investigation information in his possession which indicates that there may be grounds for imposing a financial penalty under this section.
(2) For the purposes of this section, a “relevant requirement” means a requirement for a body corporate to—
(a) provide information under subsection (2), (3) or (4) of section 43A;
(b) provide such information in the form and manner specified in any rules under subsection (6) of that section; or
(c) pay any fee in accordance with regulations under subsection (7) of that section.
(3) The Professional Conduct Committee may impose a financial penalty under this section if they are satisfied that a body corporate failed to comply with a relevant requirement.
(4) In such a case, a financial penalty may be imposed on—
(a) the body corporate concerned;
(b) any person who was a director of that body at the time of the body’s failure to comply with the relevant requirement in question; or
(c) both that body corporate and one or more persons within paragraph (b).
(5) But a financial penalty shall not be imposed on a director or former director of the body corporate if he satisfies the Professional Conduct Committee that, at the time of the body’s failure to comply with the relevant requirement in question, he had taken all reasonable steps to ensure that the body complied with that requirement.
(6) A financial penalty imposed under this section—
(a) in the case of a body corporate, must not exceed £5,000,
(b) in the case of a person within subsection (4)(b), must not exceed £1,000,
and is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.
(7) If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (6)(a) or (b) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in paragraph (a) or (b) of that subsection such higher sum as appears to the Council justified by the change.
(8) The Council shall publish an order under subsection (7) in such form as they consider appropriate.
(9) An order under subsection (7) shall not have effect in relation to any case where the failure to comply with the relevant requirement in question occurred before the order came into force.
(10) Where the Professional Conduct Committee determine to impose a financial penalty under this section, the registrar shall forthwith serve on the person on whom the penalty is imposed notification of—
(a) the imposition of the penalty;
(b) the amount of the penalty;
(c) the period within which it is to be paid; and
(d) the person’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).
(11) Subject to subsection (12), the Council may recover the financial penalty from the person on whom it was imposed if the penalty is not paid within the period specified under subsection (6).
(12) A penalty may not be recovered under subsection (11) while proceedings by way of appeal under section 44B(1) are pending, or during the period in which any such proceedings may be brought.
(13) The Council shall pay any sum paid as a financial penalty, or recovered under subsection (11), into the Consolidated Fund.
44 Further financial penalties on bodies corporate
(1) The Professional Conduct Committee may, subject to subsection (5), impose a financial penalty on a body corporate if condition A or condition B is satisfied.
(2) Condition A is satisfied if, at a time when the body corporate is carrying on the business of dentistry, the name of a director of the body corporate is erased—
(a) from the register by virtue of a direction under section 27B(6)(a); or
(b) from registration in the dental care professionals register under any title by virtue of a direction under section 36P(7)(a).
(3) Condition B is satisfied if at a time when the body corporate is carrying on the business of dentistry the name of a member of the staff of the body corporate is so erased, and in the opinion of the Professional Conduct Committee—
(a) the act or omission leading to the erasure was instigated, or connived at, by a director of the body corporate; or
(b) if the act or omission was a continuing act or omission, a director of the body corporate had, or reasonably ought to have had, knowledge of its continuation.
(4) A financial penalty imposed under subsection (1)—
(a) must not exceed £50,000; and
(b) is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.
(5) The Professional Conduct Committee shall not take a case into consideration under subsection (1) while proceedings by way of appeal are pending which may result in a decision that the name of the director or member of staff of the body corporate (as the case may be) should not be erased as described in subsection (2), or during the period in which any such proceedings may be brought.
(6) If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (4)(a) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in subsection (4)(a) such higher sum as appears to the Council justified by the change.
(7) The Council shall publish an order under subsection (6) in such form as they consider appropriate.
(8) An order under subsection (6) shall not have effect in relation to any case where the erasure of the name which gave rise to the penalty occurred before the order came into force.
(9) Where the Professional Conduct Committee determine to impose a financial penalty on a body corporate under subsection (1), the registrar shall forthwith serve on the body corporate notification of—
(a) the imposition of the penalty;
(b) the amount of the penalty;
(c) the period within which it is to be paid; and
(d) the body corporate’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).
(10) Subject to subsection (11), the Council may recover the financial penalty from the body corporate if the penalty is not paid within the period specified under subsection (4)(b).
(11) A penalty may not be recovered under subsection (10) while proceedings by way of appeal under section 44B(2) are pending, or during the period in which any such proceedings may be brought.
(12) The Council shall pay any sum paid as a financial penalty, or recovered under subsection (10), into the Consolidated Fund.
(13) References in this section to the erasure of the name of a director or member of staff of a body corporate include references to the erasure of the name of any person who was a director or member of staff of the body corporate at the time of the act or omission leading to the erasure.
44A Supplementary provisions relating to financial penalties under sections 43B and 44
Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) applies to proceedings before the Professional Conduct Committee under section 43B or 44 with the following modifications—
(a) references to proceedings under Part 3 of the Act shall be read as including proceedings under sections 43B and 44;
(b) references to a Committee shall be read as references to the Professional Conduct Committee;
(c) in paragraph 1—
(i) omit sub-paragraph (1), and
(ii) for sub-paragraph (2) substitute—
(2) A “party” to proceedings means—
(a) the body corporate;
(b) any director or former director of the body corporate against whom the proceedings are brought; or
(c) the Council.
;
(d) in paragraph 2—
(i) omit sub-paragraph (1)(b),
(ii) in sub-paragraph (2)(a), for “the person to whose registration the proceedings relate” substitute “the body corporate and any director or former director of the body corporate on whom a financial penalty may be imposed”, and
(iii) in sub-paragraph (2)(g), omit “the person (if any) making the allegation and”;
(e) omit paragraph 5;
(f) in paragraph 6(5), for paragraphs (a) and (b) substitute—
(a) where the body corporate’s principal office is in Scotland, the sheriff in whose sheriffdom that office is situated; and
; and
(g) omit paragraph 7.
(1) A person on whom a financial penalty has been imposed under section 43B may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 43B(10), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.
(2) A body corporate on which a financial penalty has been imposed under section 44 may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 44(9), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.
(3) Where—
(a) any notification required to be served on a person by section 43B(10) or 44(9) is given by sending it to that person by post, and
(b) the registrar is satisfied, on the application of that person, that that person did not receive the notification within the period of 14 days beginning with the day on which the Professional Conduct Committee gave the determination to which the notification relates,
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.
(4) In subsections (1) and (2) “the relevant court”—
(a) where the principal office of the body corporate is in Scotland, means the Court of Session;
(b) where the principal office of the body corporate is in Northern Ireland, means the High Court in Northern Ireland; and
(c) where the principal office of the body corporate is in any other place, means the High Court in England and Wales.
(5) In subsection (4)—
(a) where a financial penalty has been imposed on a body corporate, “the body corporate” means that body; and
(b) where a financial penalty has been imposed on a director or former director of a body corporate, “the body corporate” means the body whose failure to comply with a relevant requirement (within the meaning of section 43B) led to the imposition of the financial penalty.
(6) Subsections (3) and (4) of section 29 apply to appeals under this section as they apply to appeals under that section with the following modifications—
(a) in subsection (3)(c) and (d), omit references to the Professional Performance Committee and the Health Committee; and
(b) in subsection (3)(d), for “section 24, 27B, 27C or 28” substitute “section 43B or 44”.
49 Termination of the 1927 Agreement with the Republic of Ireland.
(1) If Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland agree to terminate the Agreement with respect to the registration and control of dentists set out in Part II of the Schedule to the Medical and Dentists Acts Amendment Act 1927, Her Majesty may by Order in Council—
(a) effect such repeals in that Act and this Act, and
(b) make such modifications of this Act,
as appear to Her to be necessary or expedient in consequence of, or in connection with, the termination of the said Agreement.
(2) An Order in Council under this section may—
(a) appoint different days for different repeals or modifications to take effect under the Order; and
(b) contain such transitional and saving provisions as appear to Her Majesty to be necessary or expedient.
(3) An Order in Council under this section which repeals any provision by virtue of which a university or other body in the Republic of Ireland is a dental authority shall include provision preserving the right to registration or continued registration in the register of persons who, immediately before the coming into force of the Order, are entitled to be or are registered under section 15(1)(a) above in virtue of a qualification awarded by that university or body.
(4) An Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A notification under this Act which is required to be served on any person may be served, subject to subsections (4) and (6), by—
(a) delivering it to that person personally;
(b) leaving it at that person’s proper address;
(c) sending it by a registered post service; or
(d) sending it by a postal service which provides for the delivery of the notification by post to be recorded.
(2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (which defines “service by post”) in its application to this section, the proper address of an individual (except in the cases mentioned in subsection (3)) is—
(a) his address in the dentists register or the dental care professionals register (or, if he is not registered, the address which would have been shown if he were registered); or
(b) his last known address, if that differs from the address mentioned in paragraph (a) and it appears to the person serving the notification that the notification is more likely to reach him at that address.
(3) The cases referred to in subsection (2) are those where a notification is required to be served—
(a) under section 27A(7) or section 36O(7), or in accordance with rules made under paragraph 2(2)(g) of Schedule 3 or paragraph 2(2)(g) of Schedule 4B, on a person making an allegation,
(b) under section 43B(10) on a person who is a director or former director of a body corporate, or
(c) in accordance with rules made under paragraph 2(2)(d) or (g) of Schedule 3 or paragraph 2(2)(d) or (g) of Schedule 4B on a person who may have an interest in certain proceedings,
and in such cases, for the purposes mentioned in subsection (2), the person’s proper address is the address where he resides.
(4) A notification which is required to be served on a body corporate shall be duly served if it is served on an officer, secretary or clerk of that body.
(5) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a body corporate, or of an officer, secretary or clerk of that body, is—
(a) that body’s address as specified in the list maintained by the Council under section 43A; or
(b) the address of that body’s registered or principal office if—
(i) it appears to the person serving the notification that the notification is more likely to reach the body corporate or its officer, secretary or clerk at that address, or
(ii) there is no address specified in relation to that body in that list.
(6) Rules may provide for a notification which is required to be served on any person under this Act to be served by an electronic communication.
(7) Rules under subsection (6) shall secure that a notification cannot be served on a person by an electronic communication unless—
(a) the person consents in writing to the receipt of notifications under this Act by electronic communication; and
(b) the communication is sent to the number or address specified by that person when giving consent.
(8) In this section, “electronic communication” has the same meaning as in the Electronic Communications Act 2000.
(9) References in this section to serving a notification include references to sending a notification.
(1) Subject to subsection (2), any information or guidance which is to be published by the registrar, the Council or a Practice Committee in accordance with any provision of this Act may be published in such form and manner as the registrar, the Council or the Practice Committee (as the case may be) consider appropriate, including in electronic form.
(2) Information required to be published under rules under paragraph 2(2)(h) of Schedule 3 to this Act or paragraph 2(2)(h) of Schedule 4B to this Act shall be published in such manner as may be determined by those rules, and not by this section.