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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20052011.html

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STATUTORY INSTRUMENTS

2005 No. 2011

HEALTH CARE AND ASSOCIATED PROFESSIONS

DENTISTS

The Dentists Act 1984 (Amendment) Order 2005

  Made 19th July 2005 
  Coming into force in accordance with article 1(3), (4) and (5)


ARRANGEMENT OF ARTICLES


PART 1

General
1. Citation, interpretation and commencement
2. Amendment of the Dentists Act 1984

PART 2

The Council, their Committees and Registration
3. Amendment of section 1
4. Amendment of section 2
5. Insertion of sections 2A to 2D
6. Substitution of section 14
7. Amendment of section 18
8. Amendment of section 19
9. Repeal of sections 20 and 21
10. Substitution of section 22
11. Amendment of section 23
12. Substitution of section 24
13. Repeal of section 25
14. Insertion of section 25A
15. Amendment of section 26
16. Insertion of section 26A

PART 3

Fitness to practise, proceedings and appeals
17. Insertion of section 26B
18. Substitution of sections 27 and 28
19. Amendment of section 29
20. Insertion of section 29A
21. Substitution of section 30
22. Repeal of section 31
23. Substitution of section 32
24. Substitution of section 33
25. Insertion of sections 33A to 33C
26. Repeal of section 34
27. Substitution of sections 34A and 34B
28. Amendment of section 35

PART 4

Professions Complementary to Dentistry
29. Insertion of sections 36A to 36I
30. Insertion of section 36J
31. Insertion of sections 36K to 36V
32. Insertion of section 36W
33. Insertion of sections 36X to 36Z2

PART 5

The Practice of Dentistry and Carrying on the Business of Dentistry
34. Amendment of section 37
35. Amendment of section 38
36. Amendment of section 39
37. Amendment of section 41
38. Repeal of section 42
39. Substitution of sections 43 and 44

PART 6

Further amendments
40. Repeal of Part 5
41. Insertion of section 49A
42. Repeal of section 50
43. Insertion of sections 50A to 50D
44. Amendment of section 51
45. Amendment of section 52
46. Amendment of section 53
47. Amendment of Schedule 1
48. Repeal of Schedule 3A
49. Minor and consequential amendments
50. Transitional, transitory and saving provisions

  SCHEDULE 1 Insertion of Schedule 2A

  SCHEDULE 2 Substitution of Schedule 3

  SCHEDULE 3 Insertion of Schedule 4A

  SCHEDULE 4 Insertion of Schedule 4B

  SCHEDULE 5 Insertion of Schedule 4C

  SCHEDULE 6 Minor and consequential amendments

  SCHEDULE 7 Transitional provisions

At the Court at Buckingham Palace, the 19 day of July 2005

Present,

The Queen's Most Excellent Majesty in Council

Whereas the Secretary of State and the Scottish Ministers published a draft Order and invited representations as required by paragraph 9(1) and (3) of Schedule 3 to the Health Act 1999[1];

     And whereas the period of three months mentioned in paragraph 9(4) of that Schedule expired before a draft of this Order in Council was laid before Parliament and the Scottish Parliament;

     And whereas a draft of this Order in Council has been laid before and approved by resolution of each House of Parliament and the Scottish Parliament in accordance with section 62(10) of the Health Act 1999;

     Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4) of, and Schedule 3 to, 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 1

General

Citation, interpretation and commencement
     1. —(1) This Order may be cited as the Dentists Act 1984 (Amendment) Order 2005.

    (2) In this Order, "the Act" means the Dentists Act 1984[2].

    (3) The following articles shall come into force on the making of this Order—

    (4) Those provisions of this Order which confer powers enabling rules or regulations to be made by the General Dental Council, or orders to be made by the Privy Council, shall come into force on the making of this Order, but for the purpose only of the exercise of those powers.

    (5) The provisions of this Order in so far as they are not brought into force by paragraphs (3) and (4) shall come into force on such day as the Secretary of State may specify.

    (6) Different days may be specified under paragraph (5) for different purposes.

    (7) The Secretary of State shall notify any day specified and, if different purposes are specified, the purposes for which it is specified in the London, Edinburgh and Belfast Gazettes at least one week before that day.

    (8) Subject to paragraph (9), this Order shall extend to England and Wales, Scotland and Northern Ireland.

    (9) The extent of any amendment of any enactment or instrument in Schedule 6 to this Order is the same as that of the enactment or instrument amended.

Amendment of the Dentists Act 1984
     2. —(1) The Act shall be amended in accordance with the following provisions of this Order.

    (2) Except where the context otherwise requires, references in this Order to Parts, sections and Schedules are references to Parts and sections of, and Schedules to, the Act.



PART 2

The Council, their Committees and Registration

Amendment of section 1
     3. In section 1 (constitution and general duties of the Council), for subsections (2) to (2C)[3] substitute—

Amendment of section 2
     4. —(1) In section 2 (Committees of the Council)—

    (2) The Preliminary Proceedings Committee, the Continuing Professional Development Committee and the Dental Auxiliaries Committee are abolished.

Insertion of sections 2A to 2D
     5. After section 2 insert—

Substitution of section 14
     6. For section 14 substitute—

Amendment of section 18
     7. In section 18 (procedure for registration)—

Amendment of section 19
     8. In section 19 (regulations with respect to the register)—

Repeal of sections 20 and 21
     9. Section 20 (selection of proper abbreviations of overseas diplomas) and section 21 (notification of reasons for refusal of application for registration etc.) are hereby repealed.

Substitution of section 22
     10. For section 22 substitute—

Amendment of section 23
     11. In section 23 (erasure of names of deceased persons and of those who have ceased to practise)—

Substitution of section 24
     12. For section 24 substitute—

Repeal of section 25
     13. Section 25 (alterations of names and addresses) is hereby repealed.

Insertion of section 25A
     14. —(1) After section 25 insert—

    (2) Schedule 1 to this Order, which inserts a new Schedule 2A into the Act, shall have effect.

Amendment of section 26
     15. In section 26 (use of titles and descriptions)—

Insertion of section 26A
     16. After section 26 insert—



PART 3

Fitness to practise, proceedings and appeals

Insertion of section 26B
     17. Immediately before section 27 insert—

Substitution of sections 27 and 28
     18. For sections 27 and 28 substitute—

Amendment of section 29
     19. In section 29 (appeals)[7]—

Insertion of section 29A
     20. After section 29 insert—

Substitution of section 30
     21. For section 30 substitute—

Repeal of section 31
     22. Section 31 (special provisions where directions replace, or extend periods under, previous directions) is hereby repealed.

Substitution of section 32
     23. For section 32 substitute—

Substitution of section 33
     24. —(1) For section 33 substitute—

    (2) Schedule 2 to this Order, which substitutes Schedule 3 to the Act, shall have effect.

Insertion of sections 33A to 33C
     25. After section 33 insert—

Repeal of section 34
     26. Section 34 (restoration of name erased under section 27 of the Act) is hereby repealed.

Substitution of sections 34A and 34B
     27. For sections 34A and 34B[8] substitute—

Amendment of section 35
     28. In section 35 (effect on registration of disqualification in another EEA state)—



PART 4

Professions Complementary to Dentistry

Insertion of sections 36A to 36I
     29. After section 36 insert—



Insertion of section 36J
     30. —(1) After section 36I insert—

    (2) Schedule 3 to this Order, which inserts a new Schedule 4A into the Act, shall have effect.

Insertion of sections 36K to 36V
     31. After section 36J insert—

Insertion of section 36W
     32. —(1) After section 36V insert—

    (2) Schedule 4 to this Order, which inserts a new Schedule 4B into the Act, shall have effect.

Insertion of sections 36X to 36Z2
     33. After section 36W insert—



PART 5

The Practice of Dentistry and Carrying on the Business of Dentistry

Amendment of section 37
     34. In section 37 (definition of practice of dentistry)—

Amendment of section 38
     35. In section 38 (prohibition on practice of dentistry by laymen), in subsection (1)[9], for the words from the beginning to "medical practitioner" substitute "A person who is not a registered dentist, a registered dental care professional or a visiting EEA practitioner entered in the list of such practitioners".

Amendment of section 39
     36. In section 39 (prohibition on use of practitioners' titles by laymen)—

Amendment of section 41
     37. In section 41 (restriction on individuals)—

Repeal of section 42
     38. Section 42 (restriction on bodies corporate) is hereby repealed.

Substitution of sections 43 and 44
     39. For sections 43 and 44 substitute—



PART 6

Further amendments

Repeal of Part 5
     40. Part 5 (dental auxiliaries) is hereby repealed.

Insertion of section 49A
     41. —(1) After section 49 insert—

    (2) Schedule 5 to this Order, which inserts a new Schedule 4C into the Act, shall have effect.

Repeal of section 50
     42. Section 50 (evidence etc in certain proceedings under the Dentists Act 1984) is hereby repealed.

Insertion of sections 50A to 50D
     43. After section 50 insert—

Amendment of section 51
     44. In section 51 (exercise of powers conferred on Privy Council)—

Amendment of section 52
     45. In section 52 (regulations and other documents), after subsection (1) insert—

Amendment of section 53
     46. —(1) Section 53 (interpretation) is amended as follows.

    (2) In subsection (1)[11]—

    (3) After subsection (2) insert—

Amendment of Schedule 1
     47. —(1) Schedule 1[12] (the Council: supplementary provisions) is amended as follows.

    (2) In paragraph 1—

    (3) In paragraph 2(1)—

    (4) For the heading to paragraph 3, substitute "Members who are registered dentists or registered dental care professionals".

    (5) In paragraph 3—

    (6) In paragraph 4, omit sub-paragraph (5).

    (7) For paragraph 7 substitute—

    (8) In paragraph 8—

Repeal of Schedule 3A
     48. Schedule 3A[13] (continuing professional development cases) is hereby repealed.

Minor and consequential amendments
     49. The minor and consequential amendments contained in Schedule 6 to this Order shall have effect.

Transitional, transitory and saving provisions
     50. —(1) The transitional, transitory and saving provisions contained in Schedule 7 to this Order shall have effect.

    (2) The Privy Council may by order make such further transitional, transitory or saving provisions as it considers appropriate, and an order under this paragraph may, in particular, include requirements as to the education, training and practical experience which a person must satisfy during a period specified in the order in order to be entitled to be registered under a particular title in the dental care professionals register.

    (3) The power to make an order under paragraph (2) is exercisable by statutory instrument and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (4) Until such time as article 29 is in force, section 50D of the Act has effect, in relation to the making of any rules to which that section applies, as if, for any reference in that section to registered dental care professionals, there were substituted a reference to—


A.K.Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 14(2)


Insertion of Schedule 2A


After Schedule 2 insert—





SCHEDULE 2
Article 24(2)


Substitution of Schedule 3


For Schedule 3 substitute—





SCHEDULE 3
Article 30(2)


Insertion of Schedule 4A


After Schedule 4 insert—





SCHEDULE 4
Article 32(2)


Insertion of Schedule 4B


After Schedule 4A insert—





SCHEDULE 5
Article 41(2)


Insertion of Schedule 4C


After Schedule 4B insert—





SCHEDULE 6
Article 49


Minor and consequential amendments




PART 1

Primary Legislation

The National Health Service Act 1977
     1. —(1) The National Health Service Act 1977[15] is amended as follows.

    (2) In section 35[16] (arrangements for general dental services)—

    (3) In section 41[17] (arrangements for pharmaceutical services), for paragraph (c) of subsection (3) substitute—

    (4) In Schedule 5 (Health Authorities and Special Health Authorities), for sub-paragraph (2A) of paragraph 10[18] substitute—

    (5) In Schedule 5A[19] (Primary Care Trusts), for paragraph 10A[20] substitute—

The National Health Service (Scotland) Act 1978
     2. —(1) The National Health Service (Scotland) Act 1978[21] is amended as follows.

    (2) In section 25[22] (arrangements for provision of general dental services)—

    (3) In section 27[23] (arrangements for provision of pharmaceutical services), for paragraph (c) of subsection (1A) substitute—

    (4) In Schedule 1 (Health Boards), for paragraph 6A[24] substitute—

The Value Added Tax Act 1994
     3. In Schedule 9 to the Value Added Tax Act 1994[25] (exemptions), in Group 7 (health and welfare) for item 2(b) substitute—

The National Health Service Reform and Health Care Professions Act 2002
     4. In section 29 of the National Health Service Reform and Health Care Professions Act 2002[26] (reference of disciplinary cases by Council to court), for paragraph (e) of subsection (1) substitute—

The Income Tax (Earnings and Pensions) Act 2003
     5. In section 343(2) of the Income Tax (Earnings and Pensions) Act 2003[27] (deduction for professional membership fees), for paragraph 1(c) of the Table substitute—



PART 2

Secondary legislation

The Health and Personal Social Services (Northern Ireland) Order 1972
     6. —(1) The Health and Personal Social Services (Northern Ireland) Order 1972[28] is amended as follows.

    (2) In article 61 (arrangements for general dental services), for paragraph (2B)[29] substitute—

    (3) In Schedule 1 (Health and Social Services Boards), for sub-paragraph (2C) of paragraph 12[30] (officers) substitute—

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
     7. In the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[31], in Part I of Schedule 1 (excepted professions), in paragraph 4, for "dental auxiliary" substitute "dental therapist".

The National Health Service (General Dental Services) Regulations 1992
     8. —(1) The National Health Service (General Dental Services) Regulations 1992[32] are amended as follows.

    (2) In regulation 2(1) (interpretation), after the definition of "continuing care arrangement" insert—

    (3) In regulation 4 (dental list), in paragraph (2)(b)(iii), for "dental auxiliary whose work he directs" substitute "dental care professional who assists him in providing general dental services.".

    (4) In Part V (payments in consequence of suspension)—

    (5) In Part IV of Schedule 1 (additional terms of service for all dentists)—

    (6) In Part V of Schedule 1 (additional terms of service for dentists other than salaried dentists), for paragraph 38 substitute—

    (7) In Part I of Schedule 2 (information and undertaking to be included in an application for inclusion in the dental list), in paragraph 15, for "dental auxiliary whose work the dentist intends to direct" substitute "dental care professional who the dentist intends will assist him in providing general dental services".

The National Health Service Pension Scheme Regulations 1995
     9. In the National Health Service Pension Scheme Regulations 1995[33], in regulation A2 (interpretation)—

The National Health Service Superannuation Scheme (Scotland) Regulations 1995
     10. In the National Health Service Superannuation Scheme (Scotland) Regulations 1995[34], in regulation A2 (interpretation), in paragraph (4)—

The National Health Service (Injury Benefits) Regulations 1995
     11. In the National Health Service (Injury Benefits) Regulations 1995[35], in regulation 2(1) (interpretation)—

The National Health Service (General Dental Services) (Scotland) Regulations 1996
     12. —(1) The National Health Service (General Dental Services) (Scotland) Regulations 1996[36] are amended as follows.

    (2) In regulation 2(1) (interpretation), after the definition of "continuing care arrangement" insert—

    (3) In regulation 4 (dental list), in paragraph (2)(b)(iii), for "dental auxiliary whose work he directs." substitute "dental care professional who assists him in providing general dental services.".

    (4) In Part V (payment in consequence of suspension)—

    (5) In Part IV of Schedule 1 (additional terms of service for all dentists)—

    (6) In Part V of Schedule 1 (additional terms of service for dentists other than salaried dentists), for paragraph 38 substitute—

    (7) In Part I of Schedule 2 (information and undertaking to be included in an application for inclusion in Part A of the dental list), in paragraph 16, for "dental auxiliary whose work the dentist intends to direct" substitute "dental care professional who the dentist intends will assist him in providing general dental services".

The National Health Service (Scotland) (Injury Benefits) Regulations 1998
     13. In the National Health Service (Scotland) (Injury Benefits) Regulations 1998[37], in regulation 2(1) (interpretation)—

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
     14. In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003[38], in Part 1 of Schedule 4 (excepted professions), in paragraph 4, for "dental auxiliary" substitute "dental therapist".

The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003
     15. —(1) The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003[39] are amended as follows.

    (2) In regulation 2(1) (interpretation)—

    (3) In regulation 10 (removal from supplementary list)—



SCHEDULE 7
Article 50(1)


Transitional provisions


     1. In this Schedule—

Fitness to practise proceedings before the Preliminary Proceedings Committee, the Professional Conduct Committee and the Health Committee
     2. The Preliminary Proceedings Committee established under the old section 2 shall continue in being after the date on which article 4(2) of this Order comes into force for the purpose of exercising their functions under this Schedule.

     3. The old sections 27 to 34 and the old Schedule 3, and any rules made under the old Schedule 3, shall continue to apply for the purpose of the exercise of functions under this Schedule by the Preliminary Proceedings Committee, the Professional Conduct Committee and the Health Committee.

     4. Any case which is pending before the Preliminary Proceedings Committee under the old section 27 before the date on which article 18 of this Order comes into force shall continue to be dealt with by the Preliminary Proceedings Committee under the old section 27.

     5. Any case which has been referred to the Professional Conduct Committee under the old section 27, whether before or after the date on which article 18 of this Order comes into force, shall continue to be dealt with by the Professional Conduct Committee under the old section 27.

     6. Any case which is pending before the Health Committee under the old section 28 before the date on which article 18 of this Order comes into force shall continue to be dealt with by the Health Committee under the old section 28.

     7. Except in a case to which paragraph 4, 5 or 6 applies, where an allegation concerning the fitness to practise of a registered dentist has been made before the date on which article 18 of this Order comes into force, the registrar shall refer that allegation to the Investigating Committee under the new section 27.

     8. Where an allegation concerning the fitness to practise of a registered dentist is made on or after the date on which article 18 of this Order comes into force, but the allegation relates to events which occurred before that date, the registrar shall refer that allegation to the Investigating Committee under the new section 27.

     9. Any case where a person has applied before the date on which article 18 comes into force for the restoration of his name to the dentists register under the old section 34 shall continue to be dealt with under the old section 34.

     10. Any case which has been referred to the Professional Conduct Committee under the old section 34, whether before or after the date on which article 18 comes into force, shall continue to be dealt with by the Professional Conduct Committee under the old section 34.

     11. An appeal which relates to a determination under the old section 27 or a direction under the old section 28 shall be dealt with under the old section 29.

     12. Paragraph 13 applies to a case where—

     13. Where this paragraph applies, the Committee to which the case is remitted shall deal with the case (even where the new section 27B is in force)—

Proceedings before the Continuing Professional Development Committee
     14. The Continuing Professional Development Committee established under the old section 2 shall continue in being after the date on which article 4(2) of this Order comes into force for the purpose of exercising their functions under this Schedule.

     15. The old sections 34A and 34B and the old Schedule 3A, and any rules made under those provisions, shall continue to apply for the purpose of the exercise of functions under this Schedule by the Continuing Professional Development Committee.

     16. An appeal which relates to a decision by the registrar—

shall be dealt with by the Continuing Professional Development Committee under the old section 34A or 34B (as the case may be) and the old Schedule 3A, and any rules made under those provisions.

     17. An appeal which relates to a determination by the Continuing Professional Development Committee under paragraph 3 of the old Schedule 3A shall be dealt with under the old section 29.

     18. Paragraph 19 applies to a case where—

     19. Where this paragraph applies, the Continuing Professional Development Committee shall deal with the case (even where the new sections 34A and 34B are in force) under the old section 34A or 34B (as the case may be) and the old Schedule 3A, and any rules made under those provisions.

Proceedings before the Dental Auxiliaries Committee
     20. The Dental Auxiliaries Committee established under the old section 2 shall continue in being after the date on which article 4(2) of this Order comes into force for the purpose of exercising their functions under this Schedule.

     21. The old Part 5 and the Regulations shall continue to apply for the purpose of the exercise of functions under this Schedule by the Dental Auxiliaries Committee.

     22. Any case which is pending before the Dental Auxiliaries Committee under Part IV (erasure for misconduct of a name from a roll) or Part V (restoration after erasure for misconduct) of the Regulations before the date on which article 31 of this Order comes into force shall continue to be dealt with by the Dental Auxiliaries Committee under the Regulations.

     23. Except in a case to which paragraph 22 applies, where an allegation concerning the fitness to practise of a person enrolled in the roll of dental hygienists or the roll of dental therapists is made before the date on which article 31 of this Order comes into force, the registrar shall refer that allegation to the Investigating Committee under the new section 36N.

     24. Where an allegation concerning the fitness to practise of a registered dental care professional is made on or after the date on which article 31 of this Order comes into force but the allegation relates to events which occurred before that date, the registrar shall refer that allegation to the Investigating Committee under the new section 36N.

     25. An appeal which relates to a decision made by the Dental Auxiliaries Committee under regulation 15 of the Regulations shall be dealt with under the old section 29 as applied by the old section 48(3).

     26. Paragraph 27 applies to a case where—

     27. Where this paragraph applies, the Dental Auxiliaries Committee shall deal with the case under the Regulations, even where article 31 of this Order is in force.

Dental auxiliaries: registration
     28. The first regulations made by the Council under section 36A(2) shall specify dental hygienists and dental therapists and shall specify, in relation to those professions complementary to dentistry or classes of members of such professions, the titles of "dental hygienist" and "dental therapist" respectively.

     29. —(1) Subject to sub-paragraph (3), if on the day before this paragraph comes into force—

with effect from the day this paragraph comes into force.

    (2) If on the day this paragraph comes into force there is an outstanding application for a person's name to be enrolled in the roll of dental hygienists or dental therapists (including an application for restoration to that roll), the Council—

    (3) If on the day before this paragraph comes into force a person's name is enrolled in the roll of dental hygienists or dental therapists but he is the subject of proceedings which, but for the closure of the roll of dental hygienists or dental therapists, could have led to his removal from that roll, the Council—

Dental auxiliary members of the Council
     30. —(1) This paragraph applies to dental auxiliaries elected to serve as members of the Council whose term of office has not expired on the date on which article 47 of this Order comes into force.

    (2) Persons to whom this paragraph applies may continue to serve on the Council for the term of office for which they were elected, notwithstanding the coming into force of article 47 of this Order.

Orders in Council under section 1 of the Act
     31. After the date on which article 3 of this Order comes into force, any Order in Council made under powers contained in the old section 1(2A) shall continue in force as if made under powers contained in the new section 1(2A), until such time as the first order of the Privy Council made under the new section 1(2A) comes into force.


EXPLANATORY NOTE

(This note is not part of the Order)


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

The Order is made under sections 60 and 62(4) of, and Schedule 3 to, the Health Act 1999. Under paragraph 9(1) and (3) of that Schedule, the Secretary of State and the Scottish Ministers published a draft of the Order and invited representations to be made on it. The report about the consultation is posted on the Department of Health's website (www.dh.gov.uk/Consultations/ResponsesToConsultations/fs/en).

Article 3 provides for the main objective of the General Dental Council ("the Council") in exercising its functions under the Act to be the promotion of high standards of education and professional conduct and practice.

Article 4 establishes four new Committees of the Council: the Investigating Committee, the Professional Performance Committee, the Interim Orders Committee and the Registration Appeals Committee. The Preliminary Proceedings Committee, the Continuing Professional Development Committee and the Dental Auxiliaries Committee are all abolished.

Article 5 makes provision regarding the Council's duty to co-operate with other bodies, the preparation of annual reports and accounts, and the establishment of a consumer complaints procedure.

Articles 6 to 13 make various changes to Part III of the Act concerning the dentists register, including provisions concerning publication of the register (article 10) and erasure from the register on grounds of fraud or error (article 12).

Article 14 introduces Schedule 1 to the Order, which inserts Schedule 2A into the Act, providing for appeals against registration decisions in relation to the dentists register.

Article 16 requires registered dentists and those seeking registration in the dentists register to have a valid policy of insurance which covers them against liabilities which may arise in connection with their work, and article 17 provides for the preparation and publication of guidance for dentists.

Article 18 introduces new sections into the Act relating to—

Article 19 relates to appeals against decisions concerning a person's fitness to practise as a dentist. Article 21 provides for orders for immediate suspension and immediate conditional registration, and article 23 provides for interim orders for suspension or conditional registration.

Article 24 introduces Schedule 2 to the Order, which substitutes Schedule 3 to the Act, providing for the Council to make rules relating to the procedure to be followed and evidence to be observed before the Council's Committees in connection with fitness to practise proceedings. Article 25 inserts supplementary provisions including provisions relating to the disclosure of documents relevant to fitness to practise investigations, and notifications by the Council of such investigations.

Article 27 contains provisions relating to the training and development requirements of persons registered in the dentists register, the removal from the register of any person who fails to comply with those requirements and the training and development requirements which need to be met by a person who seeks the restoration of his name to the dentists register.

Article 29 inserts a new Part 3A into the Act relating to professions complementary to dentistry. Part 3A includes provisions relating to—

Articles 34 to 36 contain provisions relating to the meaning of the term "practice of dentistry" and to the prohibition on laymen practising dentistry and using terms reserved for practitioners.

Articles 37 to 39 concern individuals and bodies corporate which carry on the business of dentistry. In particular, those articles make provision relating to—

Article 40 repeals Part 5 of the Act relating to dental auxiliaries.

Article 43 makes provision regarding the service of notifications and the publication of information, and procedural requirements relating to rules which may be made by the Council under the Act.

Article 44 makes provision concerning orders made by the Privy Council under the Act, and article 45 relates to regulations made by the Council under the Act.

Article 47 makes minor amendments to Schedule 1 of the Act concerning the constitution of the Council.

Schedules 6 and 7 contain consequential amendments and transitional provisions.

Notes:

 [1] 1999 c.8.back

[2] 1984 c.24; this Act is amended by the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926).back

[3] Subsections (2A) to (2C) were inserted by S.I. 2001/3926.back

[4] Subsection (4A) was inserted by S.I. 2001/3926.back

[5] Subsection (2) was substituted by S.I. 1996/1496.back

[6] Subsection (4) was amended by S.I. 2001/3926.back

[7] Section 29 was amended by section 31 of the National Health Service Reform and Health Care Professions Act 2002 (c.17).back

[8] Sections 34A and 34B were inserted by S.I. 2001/3926.back

[9] Subsection (1) was amended by S.I. 1996/1496.back

[10] Subsection (1) was amended by S.I. 1996/1496.back

[11] Subsection (1) was amended by S.I. 1996/1496.back

[12] Schedule 1 was amended by S.I. 2001/3926.back

[13] Schedule 3A was inserted by S.I. 2001/3926.back

[14] S.I. 1986/887, as amended by S.I. 1991/1706, 1996/2988, 1999/3460, 2002/1671 and 3135 and 2003/3105.back

[15] 1977 c.49.back

[16] Section 35(3) and (4) were inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 15(a), and amended by the Dentists Act 1984, section 54(1) and Schedule 5, paragraph 8; and section 35 is prospectively repealed by the Health and Social Care (Community Health and Standards) Act 2003 (c.43), section 172(2).back

[17] Section 41 was substituted by the Health and Social Care Act 2001 (c.15), section 42.back

[18] Sub-paragraph (2A) of paragraph 10 was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 15(b), and amended by the Dentists Act 1984, section 54(1) and Schedule 5, paragraphs 8 and 10.back

[19] Schedule 5A was inserted by the Health Act 1999 (c.8), section 2(2) and Schedule 1.back

[20] Paragraph 10A was inserted by the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 2(5) and Schedule 2, Part I, paragraph 37.back

[21] 1978 c.29.back

[22] Section 25(4) and (5) were inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 16(a), and amended by the Dentists Act 1984, section 54(1) and Schedule 5, paragraph 12.back

[23] Section 27 was amended by the Health and Social Care Act 2001 (c.15), section 44.back

[24] Paragraph 6A was inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 16(b), and amended by the Dentists Act 1984, section 54(1) and Schedule 5, paragraphs 12 and 14.back

[25] 1994 c.23.back

[26] 2002 c.17. Section 29(1) was amended by S.I. 2002/3135 and 2004/1771 and prospectively amended by S.I. 2005/848.back

[27] 2003 c.1; the Table was amended by S.I. 2003/1652, 2004/1360 and 2005/1091.back

[28] S.I. 1972/1265 (N.I. 14).back

[29] Paragraph (2B) was inserted by S.I. 1986/2229 (N.I.24).back

[30] Sub-paragraph (2C) of paragraph 12 was inserted by S.I. 1986/2229 (N.I. 24).back

[31] S.I. 1975/1023.back

[32] S.I. 1992/661; the relevant amending instruments are S.I. 1998/1648, 2001/289, 2133, 3963, 4000 and 2002/2469.back

[33] S.I. 1995/300; the relevant amending instrument is S.I. 1998/2216.back

[34] S.I. 1995/365.back

[35] S.I. 1995/866; the relevant amending instrument is S.I. 1998/2217.back

[36] S.I. 1996/177; the relevant amending instruments are S.I. 1998/1663, S.S.I. 1999/51, S.I. 1999/724, S.S.I. 2000/188 and S.S.I. 2004/37.back

[37] S.I. 1998/1594.back

[38] S.S.I. 2003/231.back

[39] S.I. 2003/250.back

[40] S.I. 1986/887, as amended by S.I. 1991/1706, 1996/2988, 1999/3460, 2002/1671 and 3135 and 2003/3105.back


ISBN 0 11 073127 1


 © Crown copyright 2005

Prepared 4 August 2005

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