ukpga/1984/24 — Dentists Act 1984

Dentists Act 1984 1984 c. 24 An Act to consolidate the Dentists Acts 1957 to 1983, with an amendment to give effect to a recommendation of the Law Commission and the Scottish Law Commission. [26th June 1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I The General Dental Council Constitution and general duties of the Council. 1 1 There shall continue to be a body corporate known as the General Dental Council (in this Act referred to as “ the Council ”). 1ZA The over-arching objective of the Council in exercising their functions under this Act is the protection of the public. 1ZB The pursuit by the Council of their over-arching objective involves the pursuit of the following objectives— a to protect, promote and maintain the health, safety and well-being of the public; b to promote and maintain public confidence in the professions regulated under this Act; and c to promote and maintain proper professional standards and conduct for members of those professions. 1A When exercising their functions under this Act, the Council shall have proper regard for— a the interests of persons using or needing the services of registered dentists or registered dental care professionals in the United Kingdom; and b any differing interests of different categories of registered dentists or registered dental care professionals. 2 The Council shall, when exercising their functions under this Act, have a general concern— a to promote high standards of education at all its stages in all aspects of dentistry; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A The Council shall be constituted as provided by order of the Privy Council. 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part I of Schedule 1 to this Act shall have effect in relation to the Council and, in particular, subsection (2A) above is subject to the provisions of that Part . Committees of the Council. 2 1 There shall continue to be committees of the Council known as— a the Professional Conduct Committee; and b the Health Committee. 2 There shall also be established committees of the Council to be known as— a the Investigating Committee; b the Professional Performance Committee; c the Interim Orders Committee; and d the Registration Appeals Committee. 3 In this Act, “Practice Committee” means the Professional Conduct Committee, the Health Committee or the Professional Performance Committee. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The committees of the Council mentioned in this section shall be constituted as provided by rules . 6A Rules made under subsection (6) may provide for the functions of a committee of the Council mentioned in this section to be exercised by one or more panels comprised of members of the committee and may make provision with regard to the constitution of the panels. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Council’s duty to co-operate 2A 1 In the exercise of their functions, the Council shall co-operate in so far as reasonably practicable with public authorities, and other bodies and persons, falling within subsection (2). 2 Public authorities, bodies and persons fall within this subsection if— a they are concerned with the employment (whether or not under a contract of service) of registered dentists or registered dental care professionals; b they provide, assess or fund education or training for those who are, or seek to become, registered dentists or registered dental care professionals, or they propose to do so; c they regulate services in the provision of which registered dentists or registered dental care professionals are engaged; d they carry out activities in connection with the provision, supervision or management of national health services ; ... e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In carrying out their duty to co-operate under subsection (1), the Council shall have regard to any differing considerations in relation to the practice of dentistry which apply in England, Scotland, Wales and Northern Ireland. Annual reports, statistical reports and strategic plans 2B 1 The Council shall publish, by such date in each year as the Privy Council shall specify— a a report on the exercise of their functions which includes a description of the arrangements that the Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006 ); b a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Council have put in place to protect members of the public from persons who are registered dentists or registered dental care professionals and whose fitness to practise is impaired, together with the Council’s observations on the report; and c a strategic plan for the Council in respect of such number of years as the Council shall determine. 2 The Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament and before the Scottish Parliament. Accounts 2C 1 The Council shall— a keep accounts, and b prepare a statement of accounts in respect of each calendar year, in such form as the Privy Council may determine in writing. 2 The Council shall appoint an auditor to audit each statement of accounts prepared in accordance with subsection (1)(b), and the auditor must prepare a report on each statement of accounts. 3 The auditor appointed must be eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 . 4 The Council shall, as soon as reasonably practicable after the end of each calendar year— a publish the statement of accounts for that year, together with the auditor’s report on it; and b send a copy of the statement of accounts and the report to the Privy Council, the Comptroller and Auditor General and the Auditor General for Scotland . 5 The Comptroller and Auditor General shall examine, certify and report on each statement of accounts received under subsection (4) and for these purposes may inspect accounts kept by the Council in accordance with subsection (1)(a). 6 The Comptroller and Auditor General shall send a copy of each report prepared by him under subsection (5) to the Council and the Privy Council. 7 The Privy Council shall, as soon as reasonably practicable after the end of each calendar year, lay before each House of Parliament and the Scottish Parliament a copy of— a the statement of accounts for that year as certified by the Comptroller and Auditor General; b the auditor’s report for that year; and c the report of the Comptroller and Auditor General for that year. Complaints 2D 1 The Council may incur expenditure for the purposes of investigating and resolving dental complaints. 2 In this section “dental complaints” means complaints made by users of the services of registered dentists or the services of registered dental care professionals about— a the dental services provided by a registered dentist, a registered dental care professional or a body corporate carrying on the business of dentistry; or b the goods or materials provided to persons, or the facilities provided for persons, using those dental services. 3 The Council may also incur expenditure for the purposes of assisting the parties to the dental complaint in reaching a satisfactory resolution of that complaint. Registration of members’ private interests 2E 1 The Council must establish and maintain a system for the declaration and registration of private interests of their members. 2 The Council must publish entries recorded in the register of members’ private interests. Part II Dental Education Degrees and licences in dentistry Power of medical authorities to hold examinations and grant licences in dentistry. 3 1 Any medical authority who have power for the time being to grant surgical degrees may, notwithstanding anything in any enactment, charter or other document, hold examinations in dentistry and grant licences certifying the fitness of the holders to practise dentistry; and the holders’ names shall be entered on a list of licentiates in dentistry to be kept by the medical authority. 2 Subsection (1) above is without prejudice to any power to grant a degree or licence in dentistry which a medical authority may possess apart from the provisions of this Act. 3 In this section “ medical authority ” means any of the universities or other bodies who choose appointed members of the General Medical Council, ... 4 References in this Act to a dental authority are references to a medical authority who grant degrees, licences or other diplomas in dentistry. Conduct of examinations for degrees and licences. 4 1 For the purpose of any examinations to qualify for a degree or licence in dentistry held by— a any university in England or Wales, Scotland or Northern Ireland , b the Royal College of Surgeons of Edinburgh, c the Royal College of Physicians and Surgeons of Glasgow, . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Council or other governing body of the university or college may appoint a board of examiners. 2 Each of these boards shall be called the Board of Examiners in Dental Surgery or Dentistry, and shall consist of not less than six members, of whom at least one half shall be registered dentists; and nothing in any enactment, charter or other document shall make it necessary for them to possess any other qualification. 3 Persons appointed under this section shall continue in office for such period, and shall conduct the examinations in such manner, as the governing body appointing them may by byelaws or regulations direct. 4 A casual vacancy in any such board of examiners may be filled by the governing body which appointed the board and the person so appointed— a shall be a registered dentist if the person in whose place he is appointed was a registered dentist, and b shall hold office for such time only as that other person would have held office. 5 Such reasonable fees shall be paid for a degree or licence awarded after examination by a board of examiners under this section as the governing body by whom they were appointed may by byelaws or regulations direct and the degrees or licences awarded after examination by the board of examiners shall be in such form as that governing body may so direct. 6 All byelaws and regulations made by a dental authority under this section, and any further byelaws or regulations altering or revoking them, shall be made in such manner, and subject to such approval or confirmation, if any, as in the case of other byelaws or regulations made by that dental authority. Holding of examinations and grant of licences by Royal College of Surgeons of England. 5 The Royal College of Surgeons of England shall continue to hold examinations, and to appoint a board of examiners in dentistry, and to grant licences certifying the fitness of the holders to practise, subject to and in accordance with the provisions of their charter dated 8th September 1859 and the bye-laws made in pursuance of that charter; and the name of the holder of any licence so granted shall be entered on a list of licentiates in dentistry to kept by the College. Requirements in relation to admission of candidates to examinations and grant of degrees and licences. 6 1 A dental authority shall admit to the examinations held by them to qualify for a degree or licence in dentistry any person desirous of being examined who has complied with the regulations in force (if any) as to education laid down by the dental authority. 2 Notwithstanding anything in any enactment, charter or other document, a dental authority shall not grant a degree or licence in dentistry to a person who has not attained the age of 21 years. Effect of grant of degree or licence in dentistry. 7 A degree or licence in dentistry granted by a dental authority shall not confer any right or title to be registered under the Medical Act 1983, nor to assume any name, title or designation implying that the holder of the degree or licence is by law recognised as a practitioner or licentiate in medicine or general surgery. Supervision of dental education Information to be furnished by dental authorities. 8 Every dental authority shall from time to time when required by the Council furnish them with such information as the Council may require— a as to the course of study and examinations to be gone through in order to obtain a degree or licence in dentistry, or any additional diploma in dentistry, and b generally as to the conditions laid down for obtaining such a degree, licence or diploma. Supervision of instruction given by dental schools and post-graduate institutions. 9 1 The Council may appoint persons to visit, subject to any directions which the Privy Council may deem it expedient to give and to compliance with any conditions specified in those directions, places where instruction is given— a to dental students under the direction of a dental authority, or b to post-graduate students in dentistry under the direction of a dental authority or any other body. 2 Visitors appointed under this section shall report to the Council as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by the Council either generally or in any particular case; but no visitor shall interfere with the giving of any instruction. 3 On receiving a report of a visitor under this section, the Council shall send a copy of the report to the dental authority or other body under whose direction the instruction in question was given, and on receiving the copy that dental authority or body may, within such period (not being less than one month) as the Council may have specified at the time they sent the copy of the report, make to the Council observations on the report or objections to it. 4 The Council shall, as soon as possible after the end of the period specified under subsection (3) above, send to the Privy Council a copy of the report and of any observations or objections duly made under that subsection, together with the Council’s comments on the report and on any such observations and objections. 5 The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under this section. Supervision of examinations. 10 1 Any member of the Council or other person, being a member or person appointed for the purpose by the Council, may be present at any such examinations as are mentioned in section 8(a) above. 2 The Council shall have power to remunerate persons so appointed who are not members of the Council for being present at the examinations. Remedy where qualifying courses of study or examinations are inadequate. 11 1 Where it appears to the Council that the course of study or the examinations to qualify for a degree or licence in dentistry granted by a dental authority is or are not such as to secure the possession by the graduates or licentiates of the requisite knowledge and skill for the efficient practice of dentistry, the Council may make a representation to that effect to the Privy Council; and on any such representation the Privy Council may, if they think fit, order that any degree or licence in dentistry granted by the dental authority after a time specified in the order shall not confer any right to be registered under this Act. 2 The powers conferred by subsection (1) above upon the Council to make representations and upon the Privy Council to make orders may be exercised in respect of a specifically described degree or licence in dentistry granted by a dental authority. 3 If an order is made under this section in respect of any degree or licence in dentistry granted by a dental authority, no person shall be entitled to be registered under this Act in respect of any such degree or licence granted after the time mentioned in the order. 4 The Privy Council may, if it appears to them on a further representation from the Council or otherwise that the dental authority in question has made effectual provision to the satisfaction of the Council for the improvement of the course of study or examinations, revoke an order made under this section, but the revocation shall not entitle a person to be registered in respect of a degree or licence in dentistry granted before the revocation. 5 Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just. Candidates not to be required to adopt or reject particular theories of dentistry. 12 1 If it appears to the Council that a dental authority have attempted to impose on any candidate offering himself for examination an obligation to adopt, or to refrain from adopting, the practice of any particular theory of dentistry as a test or condition of admitting him to examination or of granting a degree or licence in dentistry, the Council may make a representation to that effect to the Privy Council. 2 On any such representation the Privy Council may direct the authority to desist from attempting to impose any such obligation, and if the authority do not comply with the direction the Privy Council may order that the authority shall cease to have power to grant degrees or licences in dentistry so long as they continue to attempt to impose any such obligation. 3 Any order of the Privy Council under this section may be made conditionally or unconditionally, and may contain such terms and directions as appear to the Privy Council to be just. Degrees and licences in dentistry 12A 1 A dental authority may grant a UK diploma in dentistry to a person only if the authority is satisfied that the person has successfully completed basic dental training. 2 In this section— “basic dental training” means dental training that meets, or under article 22(a) of the Directive (part-time training) would be treated as meeting, the requirements of article 34 of the Directive (basic dental training); “ UK diploma in dentistry” means— a degree in dentistry that gives its holder the qualification of Bachelor of Dental Surgery (whether abbreviated as BDS or B.Ch.D.), or a licence in dentistry that gives its holder the qualification of Licentiate in Dental Surgery. Functions of Education Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part III The Dental Profession Registration The dentists register and the registrar 14 1 There shall continue to be a register known as the dentists register (referred to in this Act as “the register”). 1A The register shall consist of two lists, namely— a the principal list, which shall contain particulars of persons who under section 15 are entitled to be registered in the register; and b the list of temporary registrants, which shall contain particulars of persons who under section 17 are directed to be registered in the register; ... c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The register shall be kept by a registrar appointed by the Council . 3 Any person appointed to the office of registrar shall hold the office for such period and shall receive such salary as may be fixed by the Council . 4 The registrar shall perform such duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears to him sufficient. 5 The registrar may delegate, either generally or specifically, any of his functions to any of the Council ’s officers. 6 A certificate purporting to be signed by the registrar, certifying that a person— a is registered in the register, b is not registered in the register, c was registered in the register at a specified date or during a specified period, d was not registered in the register at a specified date or during a specified period, or e has never been registered in the register, shall be evidence (and in Scotland sufficient evidence) of the matters certified. Qualification for registration in the dentists register. 15 1 Subject to the provisions of this Act the following persons shall be entitled to be registered in the dentists register in accordance with this Act, namely— a any person who is a graduate or licentiate in dentistry of a dental authority; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c any person who— i holds an overseas diploma in dentistry, and ii has satisfied the Council that the person has the requisite knowledge and skill (see sections 16A (requisite knowledge and skill: holders of overseas diplomas) and 16B (requisite knowledge and skill: recognition of overseas diplomas)); and d any person who— i holds a specified state qualification in dentistry that is not a relevant European diploma, and ii has met the requirement specified in relation to that person under section 15ZA. 1A Subsection (1)(c)(ii) does not apply to a person whose application under this section is made in reliance on a relevant European diploma. 1B Subsection (1)(c)(ii) does not apply to a person who is entitled to be registered under subsection (1)(d). 2 In this Act “ overseas diploma ” means— a a relevant European diploma, or b any other diploma granted in a country overseas. 2ZA In this Act “ relevant European diploma ” means— a an appropriate European diploma, within the meaning given by Schedule 2, that has not been designated by the Council for the purposes of this paragraph, or b a dental qualification that is not an appropriate European diploma but— i was granted in a relevant European State, and ii demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a UK diploma in dentistry .... 2ZB The Council— a may designate a diploma for the purposes of subsection (2ZA)(a) only with the approval of the Privy Council; b must maintain and publish a list of the diplomas that are so designated. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B The Council may determine that a specified state qualification in dentistry does not meet the standard in subsection (2ZA)(b)(ii) only where one or more of Conditions 1 to 3 are met. 2C Condition 1 is met where there exists a substantial difference between the level of knowledge and skill demonstrated by the specified state qualification and the level of knowledge and skill demonstrated by a UK diploma in dentistry. 2D Condition 2 is met where the professional activities to which a UK diploma in dentistry relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification. 2E Condition 3 is met where requiring an applicant to take an aptitude test or to complete an adaptation period, or to do both, would amount to requiring the applicant to acquire a UK diploma in dentistry. 3 A person shall not be entitled to be registered in the dentists register ... unless he satisfies the registrar as to the following matters, namely— a his identity; b that he is of good character; and ba that he has the necessary knowledge of English; c that he is in good health, both physically and mentally. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In this section— “ adaptation period ” means— in relation to registration under subsection (1)(d) in reliance on a specified state qualification in dentistry awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a dentist who is registered in the register by virtue of this section; in relation to registration under subsection (1)(d) in reliance on a specified state qualification in dentistry awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a dentist who is registered in the register by virtue of this section; “ aptitude test ” means an assessment with the aim of determining whether a person has the requisite knowledge and skill; “ UK diploma in dentistry ” has the meaning given by section 12A(2). Section 15: further provision relating to specified state professionals 15ZA 1 The Council must specify in relation to a person who applies to be registered in the dentists register under section 15(1)(d) what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person. 2 Subsection (1) does not apply if the specified state qualification held by the person is determined not to meet the standard in section 15(2ZA)(b)(ii) because Condition 3 is met in relation to it (see section 15(2E)). 3 Where the Council specify under this section an aptitude test or adaptation period, or both, in relation to a person, the aptitude test or the adaptation period, or the aptitude test and adaptation period together, must be proportionate to the difference sought to be addressed. 4 The Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them. 5 If the Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year. 6 In this section, “ adaptation period ” and “ aptitude test ” have the same meaning as in section 15. Supplementary provisions as to the necessary knowledge of English 15A 1 The Council must publish guidance about— a the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English; and b the process by which the registrar is to determine whether the registrar is satisfied as mentioned in paragraph (a). 2 The registrar must have regard to the guidance published under subsection (1) in determining whether the registrar is satisfied as mentioned in subsection (1)(a). 3 Subsections (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English. 4 The registrar may request the applicant to provide further evidence, information or documents within such period as the registrar may specify. 4A Where the applicant is applying in reliance on a specified state qualification, the registrar may not request more evidence, information or documents than is necessary to demonstrate to the registrar that the applicant has the necessary knowledge of English. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The registrar may require the applicant— a to undergo an examination or other assessment; and b to provide information in respect of that examination or assessment, within such period as the registrar may specify. 6A Where the registrar requires an applicant who makes an application in reliance on a specified state qualification to undergo an examination or other assessment, the examination or assessment must be proportionate to the knowledge of English referred to in section 15(3)(ba). 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Guidance published under subsection (1) may make different provision in relation to different cases or classes of case. 9 The Council must keep guidance published under subsection (1) under review and may vary or withdraw it whenever they consider it appropriate to do so. 10 If the Council vary any guidance published under subsection (1) they must publish the guidance as varied. 11 Before publishing any guidance under subsection (1), or varying or withdrawing it, the Council must consult the persons and bodies mentioned in section 26B(5)(a) to (c). 12 The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance published under subsection (1) to any person. 13 In this section— a references to an applicant are references to a person applying for registration in the dentists register, and b references to guidance published under subsection (1) include references to guidance published by virtue of subsection (10). Supplementary provisions as to registration of holders of overseas diplomas. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requisite knowledge and skill: holders of overseas diplomas 16A 1 Rules may make provision for the purpose of determining whether a person who holds an overseas diploma in dentistry has the requisite knowledge and skill mentioned in section 15(1)(c)(ii). 2 Rules made by virtue of subsection (1) may (in particular) make provision— a requiring the person to undertake an assessment; b imposing such other requirements on the person as the Council considers appropriate; c enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining whether the person has the requisite knowledge and skill. Requisite knowledge and skill: recognition of overseas diplomas 16B 1 The Council may recognise an overseas diploma of a particular kind as furnishing such guarantees as to the knowledge and skill of the person who holds the diploma that no further enquiry into the knowledge and skill of that person is necessary. 2 A person who holds an overseas diploma recognised by the Council for the time being in accordance with subsection (1) is to be taken to have satisfied the Council that the person has the requisite knowledge and skill mentioned in section 15(1)(c)(ii). 3 Rules may make provision about the recognition of overseas diplomas under subsection (1). 4 Rules made by virtue of subsection (3) may (in particular) make provision enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining applications for the recognition of overseas diplomas. Temporary registration. 17 1 Where the Council, with a view to permitting any person holding an overseas diploma temporarily to practise dentistry in a particular post in a hospital or other institution, give a direction that he be registered as respects practice in that post in that hospital or institution for such period as may be specified in the direction, that person shall be entitled to be registered in the dentists register in accordance with this Act subject to the entry against his name of the restrictions specified in the direction. 2 No direction shall be given under this section unless the persons concerned has satisfied the registrar as to the following matters, namely— a his identity; b that he is of good character; c that he has the requisite knowledge and skill for the efficient practice of dentistry in the post in question; d that he has the necessary knowledge of English; and e that he is in good health, both physically and mentally. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3B Section 15A ... applies in relation to a person applying for registration under this section as if references to section 15(3)(ba) or (4)(d) were references to subsection (2)(d) of this section. 4 Registration under this section shall not make it lawful for a person to practise dentistry otherwise than subject to the restrictions specified in the relevant direction nor constitute him a registered dentist for the purposes of Schedule 1 to this Act. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for registration Procedure for registration. 18 1 Subject to subsections (3) to (5) below, any right to registration under section 15 above in the register shall be conditional on the making of an application supported by such evidence as is required by subsection (2) below. 2 Any person applying to be registered in the register shall produce or send to the registrar— a the document conferring or evidencing his licence or other qualification; b a statement of his name and address and the other particulars (if any) required for registration. ba the documents conferring, or evidencing that there is in force in relation to him or there will be as necessary for the purpose of complying with section 26A, appropriate cover under an indemnity arrangement. c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A dental authority may from time to time transmit to the registrar certified lists of the persons who are graduates or licentiates of that body in dentistry, stating the qualifications and places of residence of the persons included in the lists; and on receiving any such lists the registrar shall, subject to the provisions of this Act, duly register in the register those persons. 4 Where the person applying to be registered under section 15 is the holder of a specified state qualification in dentistry, the person is not required to produce or send to the registrar more evidence than is necessary to demonstrate that the conditions falling to be satisfied before the person may be registered are satisfied. 5 Where the person applying to be registered under section 15 is the holder of such a qualification, the registrar must accept certified copies of documents in place of original documents, unless the registrar requires original documents in order to preserve the integrity of the application process. 6 For the purposes of subsection (5), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom. Regulations with respect to the register. 19 1 The Council may make regulations with respect to the form and keeping of the register and the making of entries and erasures in it, and in particular— a prescribing a fee to be charged on the entry of a name in the register or otherwise in connection with an application for registration or on the restoration of any entry to the register; b prescribing a fee to be charged in respect of the retention in the register of the name of a person first registered after 28th July 1921 in any year subsequent to the year in which that person was first registered; c providing for the registration in and removal from the register in prescribed circumstances of additional diplomas held by a registered dentist and prescribing a fee to be charged in respect of the registration; d authorising the registrar (notwithstanding anything in this Act) to refuse to make any entry in the register or take any other action in connection with an application for registration or restore any entry to the register until a fee prescribed by regulations under this section has been paid. 1ZA If regulations under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration as the holder of a specified state qualification in dentistry, the fee must be— a reasonable and proportionate to the cost of dealing with such a person’s application; b transparent, and made public in advance; and c payable by electronic means through the Council’s own website. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Regulations under this section may authorise the registrar to erase from the register the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed under subsection (1)(b). 2A Where a person’s name has been erased by virtue of regulations under this section, that name shall be restored to the register on that person’s application if he satisfies the registrar that he meets the requirements of— a section 15(3)(a) to (c); b section 26A; and c any rules made under section 34B which apply to his case. 2B Where the registrar refuses to restore a person’s name to the register under subsection (2A), the registrar shall forthwith serve on the person concerned notification of the decision and of the reasons for it. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Selection of proper abbreviations of overseas diplomas. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of reasons for refusal of application for registration etc. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of results of application 21A 1 This section applies where a person (“A”) makes an application to be registered in the register in exercise of entitlement under section 15. 2 The registrar, within the period of one month beginning with the date of receipt of the application, must— a acknowledge receipt of the application; and b inform A of any missing document required for the purposes of the application. 2ZA Where A holds a specified state qualification in dentistry, the registrar must— a give A adequate time to complete the requirements and procedures of the application process; and b deal promptly with A’s application. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The registrar must notify A of the result of the application — a where A holds a specified state qualification, within the period of four months beginning with the relevant date; b in any other case, within the period of three months beginning with that date. 3A In calculating any period of time for the purposes of subsection (3), the following are to be disregarded— a any period which begins on the date on which the registrar makes a request under section 15A(4) and ends on the date on which A complies with the request; or b any period which begins on the date on which the registrar requires A to undergo an examination or other assessment under section 15A(6)(a) and ends on the date on which A complies with the requirement under section 15A(6)(b). 4 The “relevant date”, in relation to an application, is— a the date when the registrar receives the application; or b if any document required for the purposes of the application is missing when the registrar receives the application, the date on which the registrar first has all the documents required for those purposes. 5 A document which is requested or required under section 15A(4) or (6)(b) is not to be treated as missing for the purposes of this section. Publication of the register Publication of the register 22 1 The registrar shall make available to members of the public in such form as he considers appropriate— a the names of persons appearing in the register; b the qualifications of persons appearing in the register; and c 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 register, and any such copy or extract shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it. Erasures and alterations in the register Erasure of names of deceased persons and of those who have ceased to practise. 23 1 The registrar shall erase from the register the name of every deceased person; and on registering the death of a registered dentist a registrar of births and deaths shall, without charge to the recipient, send forthwith by post to the registrar of the dentists register a copy certified under his hand of the entry in the register of deaths relating to the death. 2 If a registered dentist has ceased to practise, the registrar may with his consent erase his name from the register. 3 The registrar may send by post to a registered dentist a notice inquiring whether he has ceased to practise or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, he may erase the dentist’s name from the register. 4 Where a person’s name has been erased from the register under subsection (2) or (3) or at his request, then, unless the original entry of his name was incorrectly made or fraudulently procured, the name shall be restored to the register on his application if he satisfies the registrar that he meets the requirements of— a section 15(3)(a) to (c); b section 26A; and c any rules made under section 34B which apply to his case. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Erasure on grounds of fraud or error 24 1 If the registrar is satisfied that any entry in the register has been incorrectly made, he shall erase that entry from the register. 2 If the registrar has reason to believe that any entry in the register has been fraudulently procured, he shall refer the matter to the Professional Conduct Committee to determine the question of whether that entry has been fraudulently procured. 3 If the Professional Conduct Committee determine that the entry has been fraudulently procured, they may direct that the entry shall be erased from the register. 4 Where a person’s name has been erased from the register under subsection (3), that person may apply to the Council for his name to be restored to the register. 5 The Council shall refer an application under subsection (4) to the Professional Conduct Committee. 6 The Professional Conduct Committee shall determine an application referred under subsection (5) and may decide— a that the person’s name is to be restored to the register; b that the person’s name is not to be restored to the register; or c that the person’s name is not to be restored to the register until the end of such period as they 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 29. Alteration of names and addresses. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration appeals Registration appeals 25A Schedule 2A to this Act (registration appeals: dentists register) shall have effect. Use of titles and descriptions Use of titles and descriptions. 26 1 A registered dentist shall by virtue of being registered be entitled to take and use the description of dentist, dental surgeon or dental practitioner. 2 A registered dentist shall not take or use, or affix to or use in connection with his premises, any title or description reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the register in respect of him. 3 If the Council are of opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, they may by regulations prescribe appropriate titles and conditions under which they may be used; and the use of a prescribed title under the prescribed conditions shall not constitute a contravention of subsection (2) above. 4 In the case of any prescribed title regulations under subsection (3) above may provide— a for a list to be kept by the Council of the names of registered dentists who are qualified under such regulations to use that title; and b for any registered dentist who is so qualified to be entitled to have his name entered in the list; and where regulations so provide as aforesaid nothing in that subsection shall permit that title to be used by any such dentist unless his name has been entered in the list. 4A The Council may make regulations— a prescribing a fee to be charged on the entry of a name in a list for the time being kept by them under subsection (4), or on the restoration of any entry to such a list; b prescribing a fee to be charged in respect of the retention of the name of a person in such a list. 4B Regulations under subsection (4A) may in particular authorise the registrar— a to refuse to make in or restore to a list for the time being kept by the Council under subsection (4) any entry until a fee prescribed by the regulations has been paid; and b to erase from such a list the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed by the regulations in respect of the retention of a person’s name in that list. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Any person who contravenes subsection (2) ... above shall be liable on summary conviction to a fine not exceeding the third level on the standard scale. 7 The Council shall from time to time publish any list for the time being kept by them under subsection (4). Insurance Indemnity arrangements 26A 1 A registered dentist who is practising as a dental practitioner must have in force in relation to him 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 dental practitioner, 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 register for the purpose of determining whether, if his name is entered in the register, 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 register for the purpose of determining whether, if his name is restored in the register, 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 dentist seeking retention of his name in the register 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 dentist to inform the registrar if there ceases to be in force in relation to that dentist an indemnity arrangement which provides appropriate cover. 6 Rules may make provision requiring a registered dentist to inform the registrar if there is in force in relation to that registered dentist appropriate cover provided under an indemnity arrangement by an employer. 7 Rules made under subsection (4) 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 practitioners or dental practitioners of a particular description. 8 Where 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 the register; b refuse to restore his name to the register; or c erase his name from the register. 9 Where a registered dentist 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 27(2)(a) , and the registrar may accordingly refer the matter to the Investigating Committee under section 27(5)(a) . 10 Where a person's name has been erased from the register under subsection (8)(c) or (9)(a), 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 this section; and c any rules made under section 34B which apply to that person's case. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional conduct and fitness to practise Guidance 26B 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. Information for specified state professionals 26C 1 The Council must make information about the following matters available to specified state professionals who hold specified state qualifications in dentistry— a the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters; b the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities; c the processes and procedures for the ongoing verification of competence; d the criteria for, and procedures relating to, erasure of registration; e the documentation required of specified state professionals of that description and the form in which it should be presented; and f the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of a registered dentist that are acceptable to the Council. 2 The Council must deal promptly with enquiries from specified state professionals of that description about conditions that apply to the practice of registered dentists. Allegations 27 1 This section applies where an allegation is made to the Council against a registered dentist that his fitness to practise as a dentist is impaired. 2 A person’s fitness to practise as a dentist shall be regarded as “impaired” for the purposes of this Act by reason only of— a misconduct; b deficient professional performance; 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. The Investigating Committee 27A 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 mentio