- Statutory Instrument 1998 No. 811
The European Primary and Specialist Dental Qualifications Regulations 1998
© Crown Copyright 1998
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| Made | 17th March 1998 | ||
| Laid before Parliament | 24th March 1998 | ||
| Coming into force | 14th April 1998 |
| 1. | Citation and commencement |
| 2. | Interpretation |
| 3. | Power of direction |
| 4. | The competent authority |
| 5. | Fees |
| 6. | Certificates of completion of specialist training |
| 7. | Minimum requirements of specialist dental training |
| 8. | Distinctive titles and specialist lists |
| 9. | Eligible specialists |
| 10. | Recognised specialist dental qualifications |
| 11. | Appointment as a consultant in the National Health Service |
| 12. | Existing specialists |
| 13. | Other specialties |
| 14. | Appeals |
| 15. | Revocation and saving |
| 16. | The competent authorities |
| 17. | Fees |
| 18. | Minimum requirements of primary dental training |
| 19. | Evidence of good character and of good health |
| 20. | Holders of overseas diplomas |
| 21. | Minor amendments to the Act |
| 1. | Specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery. |
| 2. | Minimum training requirements for training leading to the award of primary dental qualifications in the United Kingdom - text of Article 1 of and the Annex to the Dental Training Directive. |
| EXPLANATORY NOTE | |||
The Secretary of State, being designated[1] for the purposes of, and in exercise of the powers conferred by, section 2(2) of the European Communities Act 1972[2] and in exercise of all other powers enabling him in that behalf, hereby makes the following Regulations: -
Citation and commencement
1. - (1) These Regulations may be cited as the European Primary and Specialist Dental Qualifications Regulations 1998.
(2) These Regulations shall come into force on 14th April 1998.
Interpretation
2. - (1) In these Regulations -
-
"the Act" means the Dentists Act 1984[3];
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"appropriate European diploma" shall be construed in accordance with Part I of Schedule 2 to the Act[4];
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"CCST" means Certificate of Completion of Specialist Training in orthodontics or, as the case may be, oral surgery[5];
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"dental authority" shall be construed in accordance with section 3(4) of the Act;
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"the Dental Training Directive" means Council Directive No. 78/687/EEC[6] concerning the co-ordination of provisions in respect of the activities of dental practitioners, as amended by the Accession of Austria, Finland and Sweden Act;
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"EEA" means European Economic Area;
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"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[7] as adjusted by the Protocol signed at Brussels on 17th March 1993[8];
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"EEA State" means a State which is a contracting party to the EEA Agreement;
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"GDC" means General Dental Council[9];
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"primary qualification" means a qualification held by the persons referred to in section 15(1) of the Act[10];
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"the Recognition Directive" means Council Directive No. 78/686/EEC[11] concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, as adapted, amended or extended by the Accession of Greece Act, Council Directive No. 81/1057/EEC[12] the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC[13] and 90/658/EEC[14], the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
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"the register" means the dentists' register[15];
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"registered dentist" means a person registered in the register other than with temporary registration, except in regulations 8(1) and (2) and 12(1), where it has the meaning assigned in the Act[16];
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"registrar" means the registrar of the GDC[17]; and
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"registration number" means the number by which a registered dentist is identified in the register.
(2) In these Regulations, any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977[18], section 1(1) of the National Health Service (Scotland) Act 1978[19] or Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972[20].
(3) In this regulation -
-
(a) "the Accession of Greece Act" means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979[21];
(b) "the Accession of Spain and Portugal Act" means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985[22]; and
(c) "the Accession of Austria, Finland and Sweden Act" means the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994[23], as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union[24].
Power of direction
3.
- (1) Subject to paragraph (2), the Secretary of State may give directions to the GDC in connection with any of its functions which arise from Community obligations and which relate to -
-
(a) primary qualifications awarded in the EEA;
(b) specialist qualifications in orthodontics or oral surgery awarded in the EEA;
(c) registration under the Act by virtue of any qualifications; or
(d) entry in a specialist list for orthodontists or oral surgeons;
and it shall be the duty of the GDC to comply with any such directions.
(2) Directions given under paragraph (1) may be as to matters of administration only.
The competent authority
4. - (1) In relation to specialist dental qualifications in orthodontics and oral surgery, the competent authority in the United Kingdom for the purposes of the Recognition Directive and the Dental Training Directive is the GDC.
(2) Accordingly, in relation to specialist dental qualifications in orthodontics and oral surgery, in addition to the functions conferred upon it elsewhere in these Regulations, the GDC shall as respects the United Kingdom perform the functions -
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(a) of the host member State referred to in the following articles of the Recognition Directive -
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(i) article 6(1) (requirement to fulfil domestic requirements for specialist training in certain specialties);
(ii) article 6(2) (requirement to take into account training already undertaken abroad); and
(iii) article 21 (which concerns requiring confirmation of authenticity of foreign diplomas and confirmation that a person has fulfilled the Dental Training Directive's training requirements); and
(b) of a competent authority referred to in the following articles of the Recognition Directive -
-
(i) article 6(2) (issue of certificates relating to training in the United Kingdom in certain specialties);
(ii) article 6(3) (requirement to verify content and duration of foreign specialist training and to communicate what additional training is required in the United Kingdom);
(iii) article 7(2) (issue of certificates there mentioned to specialists whose qualifications were awarded in the United Kingdom or who have practised their specialty in the United Kingdom);
(iv) article 7(3) (issue of certificates of fulfilment of the Dental Training Directive training requirements in respect of qualifications which do not conform with the designations set out in the Recognition Directive); and
(v) article 21 (function of confirming authenticity of CCSTs and of confirming that a person has fulfilled the Dental Training Directive's training requirements).
(3) The GDC is hereby designated as respects the United Kingdom for the purposes set out in this regulation in accordance with -
-
(a) article 22 of the Recognition Directive (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in the Directive); and
(b) article 2(3) of the Dental Training Directive (which requires member States to designate the authorities or bodies competent to issue diplomas, certificates or other evidence of formal qualifications referred to in Article 2(1) of the Dental Training Directive).
Fees
5.
- (1) Subject to the following paragraphs, the GDC may charge such reasonable fees as it determines to cover the cost of providing services in the course of the performance of any of its functions under or by virtue of Part II of these Regulations.
(2) The GDC may set those fees at levels such that (taken together) the fees also cover the cost of such of its overheads as are reasonably attributable to the performance of all of its functions under or by virtue of Part II of these Regulations; but the fees must not include any element of profit.
(3) The fee charged by the GDC for any particular service must not include more than a reasonable proportion of the total cost of its overheads referred to in paragraph (2).
(4) This regulation does not prevent the GDC, where it has power to do so, from setting any other fee which it has power to charge at a level designed to include costs referred to in this regulation; but any costs recovered that way cannot also be recovered by way of fees under this regulation.
Certificates of completion of specialist training
6. - (1) Subject to paragraphs (2), (3) and (4), the GDC shall award a CCST to any person who applies to the GDC for that purpose (and pays any fee determined by the GDC) if the GDC is satisfied that he has satisfactorily completed specialist dental training in orthodontics or (as the case may be) oral surgery approved by the GDC pursuant to regulation 7.
(2) A CCST may be awarded only to a registered dentist.
(3) A period of specialist dental training in a branch of specialised dentistry other than orthodontics counts towards completion of the training required for orthodontics if it is common to both specialties.
(4) A period of specialist dental training in a branch of specialised dentistry other than oral surgery counts towards completion of the training required for oral surgery if it is common to both specialties.
(5) A CCST shall state -
-
(a) the date on which it was awarded;
(b) the specialty in which it was awarded;
(c) the name of its holder;
(d) his primary dental qualification; and
(e) his registration number.
(6) A CCST shall state where the holder's primary dental qualification was awarded and, in the case of a registered dentist whose primary qualification in the United Kingdom was awarded following the completion of a degree, licence or other dental diploma overseas, the CCST shall also state this qualification and the place where it was awarded.
(7) Where more than one year of the training to which the CCST attests took place outside the EEA, the CCST shall make clear that this was so, and shall state the length (in aggregate) of such training.
Notes:
[1] See S.I. 1995/3207, which designated the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the access to, the training for, the pursuit of and the award of qualifications in (amongst other professions) dentistry.back
[2] 1972 c. 68. By virtue of the amendment of section 1(2) of the 1972 Act by section 1 of the European Economic Area Act 1993 (c. 51), regulations may be made under section 2(2) to implement obligations of the United Kingdom created or arising by or under the EEA Agreement. The 1972 Act is to be read with the 1993 Act.back
[4] Part I of Schedule 2 was amended by S.I. 1996/1496, regulation 3.back
[5] See article 5(1) and (2) of the Recognition Directive under the heading "in the United Kingdom".back
[6] OJ No. L 233, 24.8.1978, p. 10.back
[7] Cm. 2073 and OJ No. L 1, 3.1.1994, p. 3.back
[8] Cm. 2183 and OJ No. L 1, 3.1.1994, p. 572.back
[9] See the Dentists Act 1984 (c. 24), section 1.back
[10] Section 15(1) was amended by SI 1996/1496, regulation 2.back
[11] OJ No. L 233, 24.8.1978, p. 1.back
[12] OJ No. L 385, 31.12.1981, p. 25.back
[13] OJ No. L 341, 23.11.1989, p. 19.back
[14] OJ No. L 353, 17.12.1990, p. 73.back
[15] Section 14(1) of the Act provides for the continuation of the register of registered dentists.back
[17] Section 14(2) of the Act provides for the register to be kept by a registrar.back
[20] S.I. 1972/1265 (N.I. 14).back
[21] OJ No. L 291, 19.11.1979, p. 91.back
[22] OJ No. L 302, 15.11.1985, p. 160.back
[23] OJ No. C 241, 29.8.1994, p. 21. Norway did not ratify the Treaty.back
[24] OJ No. L 1, 1.1.1995, p. 1. See the Annex - Annex I (XI)(D)(III)(3).back
