BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Dentists Act 1984 (Amendment) Order 2001
URL: http://www.bailii.org/uk/legis/num_reg/2001/20013926.html

[New search] [Help]



STATUTORY INSTRUMENTS


2001 No. 3926

DENTISTS

The Dentists Act 1984 (Amendment) Order 2001

  Made 11th December 2001[a] 
  Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 11th day of December 2001

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by a resolution of each House of Parliament in accordance with section 62(9) of the Health Act 1999[1].

     Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 60 of that Act and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:



PART I

GENERAL

Citation and commencement
     1.  - (1) This Order may be cited as the Dentists Act 1984 (Amendment) Order 2001.

    (2) This article comes into force on the day on which this Order is made and the other provisions of this Order shall come into force on such day as the Secretary of State may specify.

    (3) Different days may be specified under paragraph (2) for different provisions and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.

Amendment of the Dentists Act 1984
    
2. The Dentists Act 1984[2] shall be amended in accordance with articles 3, 4, 5(2) and 6 to 10 of this Order.



PART II

CONSTITUTION OF THE COUNCIL

Amendment of section 1
     3. In section 1 (constitution and general duties of the Council) - 

Amendment of Schedule 1
    
4.  - (1) Part I of Schedule 1 (the Council and Committees of the Council: supplementary provisions) shall be amended in accordance with the following paragraphs of this article.

    (2) For paragraphs 1 to 5 substitute - 

    (3) In paragraph 6 (General powers of Council) - 



PART III

COMMITTEES OF THE COUNCIL

Abolition of the Education Committee
    
5.  - (1) The Education Committee mentioned in section 2(1) of the Dentists Act 1984 is abolished.

    (2) Accordingly - 

Amendment of section 2
    
6. In section 2 (committees of the Council) - 

Amendment of Schedule 1
    
7.  - (1) Schedule 1 (the Council and its committees: supplementary provisions) shall be amended in accordance with the following provisions of this article.

    (2) In paragraph 6, after sub-paragraph (2), insert - 

    (3) In paragraph 7(1), after "members" insert "and to the members of their committees,".

    (4) In paragraph 8 - 

    (5) Part II is omitted.



PART IV

PROFESSIONAL TRAINING AND DEVELOPMENT

Insertion of new sections 34A and 34B
    
8. After section 34 insert - 

Insertion of new Schedule 3A
    
9. After Schedule 3 insert - 





PART V

PROFESSIONAL TRAINING AND DEVELOPMENT: SUPPLEMENTARY

    
10.  - (1) In section 19 (regulations with respect to the register), at the end of subsection (2) insert "and as to his meeting the requirements specified in rules made under section 34B(1) below in relation to his case or circumstances".

    (2) In section 23 (erasure of names of deceased persons and those who have ceased to practise), at the end of subsection (4) insert "and as to his meeting requirements specified in rules made under section 34B(1) below in relation to his case or circumstances".

    (3) In section 29 (appeals) - 

    (4) In section 30 (time when determinations and directions normally take effect and orders for immediate suspension), in subsection (1), after "section 27 or 28 above", insert "or Schedule 3A to this Act".

    (5) In section 34 (restoration of name erased under section 27) - 

    (6) In Schedule 3 (professional conduct and health cases), after paragraph 3 insert  - 

A. K. Galloway[b]

Clerk of the Privy Council


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Dentists Act 1984 ("the Act").

Article 1 provides for the other articles of the Order to come into force on days specified by the Secretary of State and for the notification of such days.

Articles 3 and 4 amend the provisions of the Act relating to the constitution of the General Dental Council ("the Council") and its statutory committees. Article 3 amends section 1 of the Act so as to provide for Her Majesty by Order in Council to make provision with respect to the constitution of the Council. Article 4 amends Schedule 1 to the Act in relation to the composition of the Council, replacing the provisions in paragraphs 1 to 5 (which made detailed provisions as to the constitution of the Council and its committees) with new provisions setting out the principles and restrictions to be observed when making Orders in Council.

Article 5 abolishes the Education Committee as a statutory committee of the Council.

Article 6 amends section 2 of the Act to provide for the establishment of an additional committee of the Council, the Continuing Professional Development Committee.

Article 7 amends provisions of Schedule 1 to the Act which deal with committees of the Council.

Article 8 inserts new sections 34A and 34B into the Act establishing new requirements as to continuing professional development throughout a dentist's professional career. The Council will be able to make rules prescribing the training and development to be undertaken by registered dentists and those seeking restoration to the register. A dentist shall not be entitled to retain his name on the register unless he complies with the prescribed requirements.

Article 9 inserts a new Schedule 3A into the Act setting out the procedures to be followed by the Continuing Professional Development Committee in deciding whether to erase a person's name from the register, and when they are to refer a matter to the Preliminary Proceedings Committee or to the Health Committee.

Article 10 provides for consequential amendments as a result of the new requirements about continuing professional development.


Notes:

[1] 1999 c. 8. An earlier draft of this Order was published for consultation in accordance with paragraph 9(1) of Schedule 3 to the Health Act.back

[2] 1984 c. 24.back



[a] Amended by Correction Slip. Page 1, italic date at start of the statutory instrument: delete "29th October", substitute "11th December"; back


[b] Amended by Correction Slip. page 7, directly above "Clerk of Privy Council": insert "A. K. Galloway". back



ISBN 0 11 038993 X


 © Crown copyright 2001

Prepared 20 December 2001


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2001/20013926.html