(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 services provided by the professions regulated under this Act; or

(e) they—


(i) are responsible for regulating or co-ordinating the regulation of health or social care professions not regulated under this Act, or

(ii) carry out activities in connection with the services provided by those professions.

(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.".

(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.".

(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.".

(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.";

(b) omit subsection (5);

(c) in subsection (6) omit "or (5)"; and

(d) for subsection (7) substitute—

(a) refuse to register his name in the register;

(b) refuse to restore his name to the register;

(c) erase his name from the register; or

(d) refer the matter to the Investigating Committee under section 27(5)(a) as if the person's failure to comply with the requirements of this section constituted an allegation that his fitness to practise as a dentist is impaired by reason of misconduct for the purposes of section 27.

    (9) Where a person's name has been erased from the register under subsection (8)(c), 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 his case.

    (10) In this section "insurance" means—

(a) a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a dentist; or

(b) an arrangement made for the purpose of indemnifying a person against such liabilities.".

(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) Primary Care Trusts in England;

(b) Local Health Boards in Wales;

(c) Health Boards in Scotland; and

(d) Health and Social Services Boards 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.".

(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 also, if he considers it appropriate, refer the allegation to the Interim Orders Committee.

    (6) The registrar shall investigate the allegation for the purpose of exercising his functions under subsection (5).

    (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.

(a) a direction for erasure given by the Professional Conduct Committee under section 24(3);

(b) a direction for erasure, suspension, conditional registration or variation of or addition to the conditions of registration given by a Practice Committee under section 27B or 27C; and

(c) a direction for conditional registration given by the Professional Conduct Committee under section 28(6)(b).

    (2) A direction to which this section applies shall take effect—

(a) where no appeal under section 29 is brought against the decision giving the direction within the period of time specified in subsection (1B) of that section, on the expiry of that period;

(b) where such an appeal is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or

(c) where such an appeal is brought and is not withdrawn or struck out for want of prosecution, on the dismissal of the appeal.

    (3) Where the period of time for appealing against a decision giving a direction is extended under section 29(1C)—

(a) subsection (2) shall apply to the direction as if the reference in paragraph (a) of that subsection to the period of time specified in section 29(1B) were a reference to that period as so extended, and

(b) if the authorisation is given after the expiry of the period of time specified in section 29(1B), the direction shall be deemed not to have taken effect on the expiry of that period,

and any reference in this Act to the time when such a direction takes effect in accordance with this section shall be construed accordingly.

    (4) In this section—

(a) a reference to a direction for suspension includes a reference to a direction extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction for conditional registration includes a reference to a direction extending a period of conditional registration.".

(a) the direction takes effect in accordance with section 29A;

(b) an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

    (4) Where a Practice Committee make an order under subsection (1) or (2), the registrar shall forthwith serve on the person in respect of whom it is made notification of the order and of his right to make an application under subsection (7).

    (5) Where a Practice Committee make an order under subsection (1) or (2) in respect of a person, and an interim order under section 32 in respect of that person has been revoked by virtue of section 27B(9), that revocation shall take effect, subject to subsection (6), from the time when the order under subsection (1) or (2) is made.

    (6) If, when an order under subsection (1) or (2) is made, the person in respect of whom it is made is neither present nor represented at the proceedings, subsections (3) and (5) shall have effect as if, in each case, for the reference to the time when the order is made, there were substituted a reference to the time when notification of the order is served under subsection (4).

    (7) A person in respect of whom an order under subsection (1) or (2) is made may apply to the court for an order terminating any suspension imposed under subsection (1) or any conditional registration imposed under subsection (2), and the decision of the court on any such application shall be final.

    (8) In subsection (7) "the court"—

(a) in the case of a person whose address in the register is in Scotland, means the Court of Session;

(b) in the case of a person whose address in the register is in Northern Ireland, means the High Court in Northern Ireland; and

(c) in the case of any other person, means the High Court in England and Wales.".

(a) by the registrar under section 27(5)(b);

(b) by the Investigating Committee under section 27A(4)(b) or (6)(b); or

(c) by a Practice Committee in accordance with rules under paragraph 7(1)(c) of Schedule 3.

    (3) A Practice Committee may exercise functions under this section only in relation to a person whose case has been referred to them—

(a) by the Investigating Committee under section 27A(4)(a) or (6)(a); or

(b) by another Practice Committee in accordance with rules under paragraph 7(1)(a) of Schedule 3.

    (4) Where a Committee are satisfied that it is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the person's registration to be suspended or to be made subject to conditions, the Committee may make—

(a) an order that his registration in the register shall be suspended during such period not exceeding 18 months as may be specified in the order (an "interim suspension order"); or

(b) an order that his registration shall be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions so specified as the Committee think fit to impose (an "order for interim conditional registration").

    (5) Subject to subsection (11), where a Committee have made an interim suspension order or an order for interim conditional registration they—

(a) shall review it within the period of six months beginning with the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—


(i) before the end of the period of six months beginning with the date of the decision of the immediately preceding review, or

(ii) if after the end of the period of three months beginning with the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and



(b) may review it where new evidence relevant to the order has become available after the making of the order.

    (6) Where an interim suspension order or an order for interim conditional registration has been made in relation to a person under any provision of this section (including this subsection), the Committee that made the order may—

(a) revoke the order;

(b) make an order adding to, varying or revoking any condition imposed by the order;

(c) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former; or

(d) if satisfied that to do so is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former.

    (7) If a Committee make an order under any provision of this section—

(a) the registrar shall forthwith serve notification of the order on the person to whose registration it relates; and

(b) that order shall take effect from the time on which the notification mentioned in paragraph (a) is served.

    (8) The Council may apply to the court for an order made by a Committee under subsection (4) or (6) to be extended, and may apply again for further extensions.

    (9) On each such application the court may extend (or further extend) for up to twelve months the period for which the order has effect.

    (10) Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.

    (11) For the purposes of subsection (5) the first review after the court's extension of an order made by a Committee or after a replacement order made by a Committee under subsection (6)(c) or (d) shall take place—

(a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (5), within the period of six months beginning with the date on which the court ordered the extension or on which a replacement order under subsection (6)(c) or (d) was made; and

(b) if it had been reviewed under subsection (5), within the period of three months beginning with that date.

    (12) Where an interim order has effect under any provision of this section, the court may—

(a) in the case of an interim suspension order, terminate the suspension,

(b) in the case of an order for interim conditional registration, revoke the order or revoke, vary or add to any condition imposed by the order,

(c) in either case, substitute for the period specified in the order (or in an order extending it) some other period which could have been specified in the order (or in the order extending it) when it was made,

and the decision of the court on any application under this subsection shall be final.

    (13) In this section "the court" has the meaning given by section 30(8).".

(a) he shall be treated, except as provided in subsection (2), as not being registered in the register notwithstanding that his name still appears in it; but

(b) sections 27, 27A, 27B and 27C shall continue to apply to him.

    (2) While a person's registration in the register is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 34A as if his registration were not suspended.

    (3) Where any such direction as is mentioned in section 27C(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given while a person's registration is subject to conditions or suspended by virtue of a direction under this Part, his registration shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration would cease to be conditional or suspended, as the case may be, and the time when—

(a) the direction takes effect in accordance with section 29A;

(b) an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

    (4) If, on the determination of an appeal under section 29, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

    (5) Subsection (3) is subject to any order made under section 30(1) or (2).

    (6) Schedule 3 to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) shall have effect.".

(a) a reference to a direction or order for suspension includes a reference to a direction or order extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction or order for conditional registration includes a reference to a direction or order extending a period of conditional registration.

(a) section 15(3)(a) to (c);

(b) section 26A; and

(c) any rules made under section 34B which apply to his case.

    (4) Rules shall specify the procedures to be followed before the registrar—

(a) may erase a person's name from the register under subsection (2); or

(b) may make a decision whether or not to restore a person's name to the register under subsection (3).

(a) the majority of whose members work in connection with the provision of dental care—


(i) with persons receiving such care, or

(ii) with persons registered in the dentists register or the dental care professionals register established by section 36B; and



(b) in respect of which the regulatory body is not a body (other than the Council) regulated by the Council for the Regulation of Health Care Professionals under section 25 of the National Health Service Reform and Health Care Professions Act 2002.

    (2) The Council may by regulations specify—

(a) a profession complementary to dentistry; or

(b) a class of members of a profession complementary to dentistry.

    (3) Regulations under subsection (2) specifying a profession or class of members must also specify a title which applies to that profession or class.

    (4) Regulations under subsection (2) shall not come into force until approved by order of the Privy Council.

    (5) Before making regulations under subsection (2), the Council shall consult organisations appearing to the Council to be representative of the professions, or classes of members of professions, specified in the proposed regulations.

    (6) The following provisions of this Part apply in relation to all members of a profession complementary to dentistry except those members of a profession or class in relation to which no regulations under subsection (2) are in force.

(a) is registered in the dental care professionals register under a particular title,

(b) is not registered in that register under a particular title,

(c) was registered in that register under a particular title at a specified date or during a specified period,

(d) was not registered in that register under a particular title at a specified date or during a specified period, or

(e) has never been registered in that register under a particular title,

(a) the form of an application by a person seeking registration under a title in the dental care professionals register;

(b) the manner in which an application under paragraph (a) is to be made;

(c) the evidence and information which an applicant must supply in support of an application under paragraph (a);

(d) the details which must be entered in the dental care professionals register; and

(e) the procedure for the making, alteration and deletion of entries in that register.

(a) the names of persons appearing in the dental care professionals register;

(b) the title or titles under which a person is registered in that register;

(c) the qualifications of persons appearing in that register; and

(d) 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 dental care professionals register, and any such copy or extract shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.

(a) the original entry of the person's name in the dental care professionals register under the title in question was not incorrectly made or fraudulently procured;

(b) the person satisfies the registrar of Matter D within the meaning of section 36C; and

(c) the person also satisfies the registrar that he meets the requirements of—


(i) section 36L, and

(ii) any rules made under section 36Z2 which apply to his case.

(a) any description reasonably calculated to suggest that he possesses any professional status or qualification other than a professional status or qualification which he in fact possesses and which is indicated by particulars entered in the dental care professionals register in respect of him; or

(b) any title specified in regulations under section 36A(2) except the title or titles under which he is registered in the dental care professionals register.

    (2) Any person who contravenes subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(a) refuse to register his name in that register under that title;

(b) refuse to restore his name to that register under that title;

(c) erase his name from registration in that register under that title; or

(d) refer the matter to the Investigating Committee under section 36N(5)(a) as if the person's failure to comply with the requirements of this section constituted an allegation that his fitness to practise as a member of a profession complementary to dentistry is impaired by reason of misconduct for the purposes of section 36N.

    (10) Where, under subsection (9)(c), a person's name has been erased from registration under a particular title, that name shall be restored to the dental care professionals register under that title on that person's application if he satisfies the registrar—

(a) of Matter D within the meaning of section 36C; and

(b) that he meets the requirements of—


(i) this section, and

(ii) any rules made under section 36Z2 which apply to his case.

    (11) In this section "insurance" means—

(a) a contract of insurance providing cover for liabilities which may be incurred in carrying out work as a member of a profession complementary to dentistry; or

(b) an arrangement made for the purpose of indemnifying a person against such liabilities.

Professional conduct and fitness to practise

(a) he shall be treated, except as provided in subsection (2), as not being registered in that register under that title, notwithstanding that his name still appears in that register; but

(b) sections 36N, 36O, 36P and 36Q shall continue to apply to him in relation to that title.

    (2) While a person's registration in the dental care professionals register under a particular title is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 36Z1 as if his registration were not so suspended.

    (3) Where any such direction as is mentioned in section 36Q(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given in relation to a person's registration in the dental care professionals register under a particular title while his registration under that title is subject to conditions or suspended by virtue of a direction under this Part, his registration under that title shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration under that title would cease to be conditional or suspended, as the case may be, and the time when—

(a) the direction takes effect in accordance with section 36T;

(b) an appeal under section 36S against the decision giving the direction is determined under section 36S(6)(b) or (c); or

(c) following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

    (4) If, on the determination of an appeal under section 36S, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

    (5) Subsection (3) is subject to any order made under section 36U(1) or (2).

    (6) Schedule 4B to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals) shall have effect.".

(a) a reference to a direction or order for suspension includes a reference to a direction or order extending a period of suspension and a direction for indefinite suspension; and

(b) a reference to a direction or order for conditional registration includes a reference to a direction or order extending a period of conditional registration.

(a) of Matter D within the meaning of section 36C; and

(b) that he meets the requirements of—


(i) section 36L, and

(ii) any rules made under section 36Z2 which apply to his case.

    (4) Rules shall specify the procedures to be followed before the registrar—

(a) may, under subsection (2), erase a person's name from registration in the dental care professionals register under a title; or

(b) may, under subsection (3), make a decision whether or not to restore a person's name to that register under a title.

    (5) Where, in the course of proceedings under this Part, it appears to the Investigating Committee, a Practice Committee or the Interim Orders Committee that a person to whose registration the proceedings relate may be failing to meet the requirements of rules made under subsection (1), that Committee may refer the question of whether he is failing to meet them to the registrar.

Restoration of names to the dental care professionals register: professional training and development
     36Z2.—

    (1) Rules shall specify the requirements as to professional training and development to be met by a person who seeks the restoration of his name to the dental care professionals register under a particular title following its erasure from registration under that title under any provision of this Part.

    (2) Rules under this section must not require a person to do anything which amounts to the practice of dentistry.".

(a) he was engaged in carrying on the business of dentistry on 21^st July 1955; or

(b) he falls within a class of registered dental care professionals prescribed in rules under this section.

    (1A) For the purposes of this section, an "authorised dental care professional" means an individual who falls within subsection (1)(b).

    (1B) Any individual who contravenes this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) The exemption conferred by subsection (1)(a) on persons who were carrying on the business of dentistry on the date there mentioned shall not extend to any person who has at any time ceased to be a registered dentist in consequence of a Practice Committee giving a direction under section 27B or 27C or making an order under section 30(1) for the erasure of his name from the register, or for the suspension of his registration, following a relevant determination that his fitness to practise as a dentist is impaired.

    (2A) For the purposes of subsection (2), a "relevant determination" that a person's fitness to practise is impaired is a determination which is based solely on one or more of the grounds mentioned in paragraph (a), (d), (e), (f) or (g) of subsection (2) of section 27 (misconduct etc.).

    (3) This section shall not operate to prevent a person from carrying on the business of dentistry during any period for which—

(a) his registration in the register is suspended by virtue of a direction given by a Practice Committee under section 27B or 27C, or an order made by a Practice Committee under section 30(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 27 (adverse physical or mental health), that his fitness to practise is impaired, or

(b) his registration in the dental care professionals register is suspended by virtue of a direction given by a Practice Committee under section 36P or 36Q, or an order made by a Practice Committee under section 36U(1), following a determination, based solely on the ground mentioned in paragraph (c) of subsection (2) of section 36N (adverse physical or mental health), that his fitness to practise is impaired,

and subsections (4) and (6) shall apply in relation to a person whose registration is so suspended as they apply in relation to a registered dentist or an authorised dental care professional.";

(a) the address of the body corporate's principal office;

(b) the names of the directors of the body corporate and the addresses where they are resident;

(c) the names of all persons who practise dentistry in the course of the business and the addresses where they are resident;

(d) the names of all registered dental care professionals not falling within paragraph (b) or (c) who, in the course of the business, provide services in, or in relation to, any area of dentistry, and the addresses where they are resident; and

(e) such further information as may be specified in rules.

(a) delivering it to that person personally;

(b) leaving it at that person's proper address;

(c) sending it by a registered post service; or

(d) sending it by a postal service which provides for the delivery of the notification by post to be recorded.

    (2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (which defines "service by post") in its application to this section, the proper address of an individual (except in the cases mentioned in subsection (3)) is—

(a) his address in the dentists register or the dental care professionals register (or, if he is not registered, the address which would have been shown if he were registered); or

(b) his last known address, if that differs from the address mentioned in paragraph (a) and it appears to the person serving the notification that the notification is more likely to reach him at that address.

    (3) The cases referred to in subsection (2) are those where a notification is required to be served—

(a) under section 27A(7) or section 36O(7), or in accordance with rules made under paragraph 2(2)(g) of Schedule 3 or paragraph 2(2)(g) of Schedule 4B, on a person making an allegation,

(b) under section 43B(10) on a person who is a director or former director of a body corporate, or

(c) in accordance with rules made under paragraph 2(2)(d) or (g) of Schedule 3 or paragraph 2(2)(d) or (g) of Schedule 4B on a person who may have an interest in certain proceedings,

and in such cases, for the purposes mentioned in subsection (2), the person's proper address is the address where he resides.

    (4) A notification which is required to be served on a body corporate shall be duly served if it is served on an officer, secretary or clerk of that body.

    (5) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a body corporate, or of an officer, secretary or clerk of that body, is—

(a) that body's address as specified in the list maintained by the Council under section 43A; or

(b) the address of that body's registered or principal office if—


(i) it appears to the person serving the notification that the notification is more likely to reach the body corporate or its officer, secretary or clerk at that address, or

(ii) there is no address specified in relation to that body in that list.

    (6) Rules may provide for a notification which is required to be served on any person under this Act to be served by an electronic communication.

    (7) Rules under subsection (6) shall secure that a notification cannot be served on a person by an electronic communication unless—

(a) the person consents in writing to the receipt of notifications under this Act by electronic communication; and

(b) the communication is sent to the number or address specified by that person when giving consent.

(a) the power to make an order under section 11 (remedy where qualifying courses of study or examinations are inadequate); and

(b) the power to make an order under section 12 (candidates not to be required to adopt or reject particular theories of dentistry).

    (3) A statutory instrument which contains an order made by the Privy Council—

(a) under section 1(2A) (constitution of the Council),

(b) approving rules under section 41(1) (restriction on individuals carrying on the business of dentistry),

(c) approving rules under Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists),

(d) approving rules under Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), or

(e) approving rules under Schedule 4C (advisers),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (4) Where a statutory instrument is made which contains an order made by the Privy Council approving regulations under section 36A(2) (professions complementary to dentistry)—

(a) in the case of regulations to which subsection (5) applies, that instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) in any other case, that instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament or of the Scottish Parliament.

    (5) This subsection applies to regulations which specify a profession complementary to dentistry, or a class of members of such a profession, which, immediately before the revocation of the Dental Auxiliaries Regulations 1986 (S.I. 1986/887), constituted a class of dental auxiliaries regulated by those Regulations.

    (6) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

    (7) Any document purporting to be—

(a) an instrument made by the Privy Council under this Act, and

(b) signed by the Clerk of the Privy Council,

shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.".

(a) so as to make different provision with respect to different cases or different classes of case or different provision in respect of the same case or class of case for different purposes of this Act; and

(b) either in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions.

    (1B) Any power to make regulations under this Act includes power to make any incidental, consequential, saving, transitional, transitory or supplementary provision which the Council consider necessary or expedient.".

"appealable registration decision" shall be construed in accordance with paragraphs 2 and 3(2);

"person concerned" means a person notified under paragraph 3(1) of an appealable registration decision made in respect of him, or, as the case may be, an applicant in respect of whom an appealable registration decision is treated as having been made by virtue of paragraph 3(2); and

"the requisite period", in relation to a decision of a kind specified in paragraph 2(1)(a), (b), (d), (f), (g), (i) or (j), means the period of three months beginning with the date when the registrar is first in possession of sufficient information to make the decision.

     2. —(1) The following decisions are appealable registration decisions for the purposes of this Schedule—

(a) a decision not to register a person's name in the register under section 15 (qualification for registration) on the grounds that any of the requirements of that section are not met;

(b) a decision not to give a direction for temporary registration under section 17 (temporary registration);

(c) a decision under section 23(3) (erasure of names of those who have ceased to practise) to erase a person's name from the register;

(d) a decision under section 23(4) not to restore a person's name to the register;

(e) a decision under section 24(1) (erasure on grounds of error) to erase an entry relating to a person from the register;

(f) a decision under section 26A(8)(a), (b) or (c) (insurance) not to register a person's name in the register, not to restore his name to the register or to erase his name from the register;

(g) a decision under section 26A(9) not to restore a person's name to the register;

(h) a decision under section 34A(2) (professional training and development requirements) to erase a person's name from the register;

(i) a decision under section 34A(3) not to restore a person's name to the register;

(j) a decision not to register a person's name in the register on the grounds that section 35(1) is satisfied (effect on registration of disqualification in another EEA state); and

(k) a decision under section 35(3) to erase a person's name from the register.

    (2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision taken by reason only that the person failed to—

(a) pay any fee prescribed by regulations made under section 19; or

(b) make an application as required under this Act or any rules made under it.

Notification of appealable registration decisions
     3. —(1) Where an appealable registration decision is made in respect of a person, the registrar shall forthwith serve on that person written notification of—

(a) the decision;

(b) the reasons for the decision; and

(c) that person's right to appeal under paragraph 4.

    (2) Where an applicant has not been served with notification of a decision in respect of an application for registration or restoration of a name mentioned in paragraphs (a), (b), (d), (f), (g), (i) or (j) of paragraph 2(1) within the requisite period, that omission shall be treated as a decision not to register or, as the case may be, restore the applicant's name, which is an appealable registration decision for the purposes of this Schedule.

Appeals from an appealable registration decision
     4. —(1) A person concerned may appeal to the Registration Appeals Committee against—

(a) the appealable registration decision made in respect of him of which he was notified under paragraph 3(1); or

(b) the appealable registration decision treated as having been made in respect of him by virtue of paragraph 3(2).

    (2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal to the registrar.

    (3) Notice of appeal in a case within sub-paragraph (1)(a) must be given before the end of the period of 28 days beginning with the date on which notification of the decision was served under paragraph 3(1), subject to any extension of time under paragraph 5.

    (4) Notice of appeal in a case within sub-paragraph (1)(b) must be given before the end of the period of 28 days following the end of the requisite period.

    (5) In the case of an appealable registration decision which is a decision to erase a person's name from the register, where—

(a) no appeal under this paragraph is brought against the decision within the period of time specified in sub-paragraph (3), or

(b) an appeal under this paragraph is brought but is withdrawn or struck out for want of prosecution,

that decision shall take effect on the expiry of that period or, as the case may be, on the withdrawal or striking out of that appeal.

    (6) For the purposes of considering an appeal under this paragraph, the Registration Appeals Committee may make such inquiries as they consider appropriate.

    (7) Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) applies to proceedings under this Schedule before the Registration Appeals Committee with the following modifications—

(a) in paragraph 1—


(i) omit sub-paragraph (1), and

(ii) in sub-paragraph (2)(b) for "the Council" substitute "the registrar";



(b) references to a Committee shall be read as references to the Registration Appeals Committee;

(c) in paragraph 2—



(i) omit sub-paragraph (1)(b), and

(ii) in sub-paragraph (2)(g) omit "the person (if any) making the allegation and"; and



(d) omit paragraph 7.

    (8) In disposing of an appeal under this paragraph, the Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the registrar; or

(d) remit the case to the registrar to dispose of in accordance with the directions of the Registration Appeals Committee.

    (9) In the case of an appealable registration decision which is a decision to erase a person's name from the register, where the Registration Appeals Committee dispose of an appeal brought under this paragraph by making a determination under sub-paragraph (8)(a), (c) or (d), that decision shall take effect—

(a) where no appeal under paragraph 6 is brought against the determination of the Registration Appeals Committee within the period of time specified in paragraph 6(1), on the expiry of that period;

(b) where an appeal under paragraph 6 is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of that appeal; or

(c) where an appeal under paragraph 6 is brought and dismissed under paragraph 6(2)(a), on the dismissal of that appeal.

    (10) Where the Registration Appeals Committee make a determination on an appeal under this Schedule, they shall, as soon as reasonably practicable—

(a) inform the registrar of, and serve on the person concerned notification of, the Committee's determination on the appeal and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (8)(b), serve on the person concerned notification of his right of appeal under paragraph 6.

Extension of time for appealing
     5. Where—

(a) any notification of a decision required under paragraph 3(1) to be served on a person is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3).

Appeals from the Registration Appeals Committee
     6.—(1) Where—

(a) the Registration Appeals Committee determine an appeal under paragraph 4, and

(b) they do not determine under paragraph 4(8)(b) to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notification of the determination was served on him under paragraph 4(10), appeal against the determination to the relevant court.

    (2) On an appeal under this paragraph from the Registration Appeals Committee, the relevant court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination appealed against,

(c) substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Committee, or

(d) remit the case to the Registration Appeals Committee to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

    (3) In this paragraph "the relevant court" means—

(a) where the person concerned is registered in the register, and his address in the register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person concerned is not registered in the register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.".

(a) the Professional Conduct Committee;

(b) the Professional Performance Committee;

(c) the Health Committee; or

(d) the Interim Orders Committee.

    (2) A "party" to proceedings means, unless the context otherwise requires—

(a) the person to whose registration the proceedings relate; or

(b) the Council.

Rules relating to procedure
     2. —(1) Subject to the provisions of this paragraph, rules shall make provision as to the procedure to be followed—

(a) in proceedings before a Committee under Part 3 of this Act; and

(b) by the Investigating Committee in the exercise of their functions under section 27A.

    (2) Rules under sub-paragraph (1)(a) shall include provision—

(a) requiring the registrar to serve notification on the person to whose registration the proceedings relate that proceedings are to be brought and outlining the case against him;

(b) enabling any party to be heard by a Committee, if the party so requires;

(c) enabling any party to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d) enabling the registrar to serve notification of the proceedings on any person who in his opinion has an interest in those proceedings, and to provide any person so notified with an opportunity to submit written representations;

(e) enabling a Committee, before they hold any hearing, where they consider that it would assist them in performing their functions, to hold a preliminary meeting in private attended by the parties and the parties' representatives and any other person the Committee think appropriate;

(f) requiring proceedings before a Committee to be held in public unless and to the extent that the rules provide otherwise;

(g) requiring the registrar to serve notification on the person (if any) making the allegation and any other person who in his opinion has an interest in the proceedings, of the Committee's decision and the reasons for the decision; and

(h) requiring the registrar to publish, in such manner as may be specified in the rules, such information relating to the case and any decision made by the Committee as may be specified in the rules.

    (3) Each stage in proceedings before a Committee under Part 3 of this Act shall be dealt with expeditiously and a Committee may give directions as to the conduct of the case and the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).

    (4) Rules may provide for the Chairman of a Committee to hold the meeting referred to in sub-paragraph (2)(e) or to give the directions mentioned in sub-paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.

Evidence etc.
     3. Subject to paragraph 4, rules shall make provision regarding the rules of evidence to be observed in any proceedings before a Committee under Part 3 of this Act, including rules as to the admissibility of evidence.

     4. —(1) For the purpose of proceedings under Part 3 of this Act in England and Wales or in Northern Ireland before a Committee, a Committee may—

(a) summon any person to attend a hearing as a witness, to answer any question or to produce any documents in his custody or under his control which relate to any matter in question in the proceedings;

(b) require any witness appearing before them to give evidence on oath and for this purpose an oath may be administered in due form; and

(c) upon an application by a person summoned to appear before them, set the summons aside.

    (2) No person shall be compelled under sub-paragraph (1)—

(a) to attend in obedience to a summons if he has been given less than 14 days' notification of the hearing unless he informs the Committee before the hearing that he accepts such notification has been given; or

(b) to produce any document which he could not be compelled to produce on the trial of an action.

    (3) For the purposes of any proceedings under Part 3 of this Act in Scotland before a Committee, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that Court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

     5. Where the proceedings relate to a person's conduct, and that conduct has been considered by another body whose functions include overseeing the conduct of members of a health or social care profession, a Committee may adopt as its own findings any finding of fact found by that body and proceed to determine the case without further inquiry.

Costs
     6. —(1) In the course of proceedings under Part 3 of this Act, a Committee may make such order as to costs (or, in Scotland, expenses) as they think fit, but may make provision as described in sub-paragraph (2) only if rules allowing such provision have been made under that sub-paragraph.

    (2) Rules may allow a Committee—

(a) to disallow all or part of the costs (or, in Scotland, expenses) of a representative of a party by reason of that representative's conduct of the proceedings; and

(b) to order a representative of a party to meet all or part of the costs (or, in Scotland, expenses) incurred by a party by reason of that representative's conduct of the proceedings.

    (3) A Committee shall have regard to a person's ability to pay when considering the making of an order under this paragraph.

    (4) Any sum required to be paid under an award in respect of costs (or, in Scotland, expenses) shall be recoverable as if it had been adjudged to be paid by an order of a relevant court.

    (5) In sub-paragraph (4) "the relevant court" means—

(a) where the person to whose registration the proceedings relate is registered in the register, and his address in the register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person to whose registration the proceedings relate is not registered in the register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.

Reference of cases to the registrar or a different Committee
     7. —(1) Rules shall be made enabling a Practice Committee, in the course of proceedings under Part 3 of this Act—

(a) to refer to another Practice Committee any matter arising which they consider should be dealt with by that other Practice Committee;

(b) to take advice, as they consider necessary and appropriate, from another Practice Committee; and

(c) to refer to the Interim Orders Committee any allegation before them which they consider should be dealt with by the Interim Orders Committee.

    (2) Rules under sub-paragraph (1)(a) may provide that, where a Practice Committee refer a case to another Practice Committee by virtue of those rules, section 27B is to apply as if the case had originally been referred by the Investigating Committee to that other Practice Committee.".

"appealable registration decision" shall be construed in accordance with paragraphs 2 and 3(2);

"person concerned" means a person notified under paragraph 3(1) of an appealable registration decision made in respect of him, or, as the case may be, an applicant in respect of whom an appealable registration decision is treated as having been made by virtue of paragraph 3(2); and

"the requisite period", in relation to a decision of a kind specified in paragraph 2(1)(a), (c), (e), (f) or (h), means the period of four months beginning with the date when the registrar is first in possession of sufficient information to make the decision.

     2. —(1) The following decisions are appealable registration decisions for the purposes of this Schedule—

(a) a decision not to register a person's name under a particular title in the dental care professionals register under section 36C (qualifications for registration) on the grounds that any of the requirements of that section are not met;

(b) a decision under section 36H(3) (erasure of names of those who have ceased to practise) to erase a person's name from the dental care professionals register;

(c) a decision under section 36H(4) not to restore a person's name to the dental care professionals register under a particular title;

(d) a decision under section 36I(1) (erasure on grounds of error) to erase an entry relating to a person from the dental care professionals register;

(e) a decision under section 36L(9)(a), (b) or (c) (insurance) not to register a person's name in the dental care professionals register, not to restore his name to that register, or to erase his name from registration in that register, under a particular title;

(f) a decision under section 36L(10) not to restore a person's name to the dental care professionals register under a particular title;

(g) a decision under section 36Z1(2) (professional training and development requirements) to erase a person's name from registration in the dental care professionals register under a particular title; and

(h) a decision under section 36Z1(3) not to restore a person's name to the dental care professionals register under a particular title.

    (2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision taken by reason only that the person failed to—

(a) pay any fee prescribed by regulations made under section 36F; or

(b) make an application as required under this Act or any rules made under it.

Notification of appealable registration decisions
     3. —(1) Where an appealable registration decision is made in respect of a person, the registrar shall forthwith serve on that person written notification of—

(a) the decision;

(b) the reasons for the decision; and

(c) that person's right to appeal under paragraph 4.

    (2) Where an applicant has not been served with notification of a decision in respect of an application for registration or restoration of a name mentioned in paragraphs (a), (c), (e), (f) or (h) of paragraph 2(1) within the requisite period, that omission shall be treated as a decision not to register or, as the case may be, restore the applicant's name, which is an appealable registration decision for the purposes of this Schedule.

Appeals from an appealable registration decision
     4. —(1) A person concerned may appeal to the Registration Appeals Committee against—

(a) the appealable registration decision made in respect of him of which he was notified under paragraph 3(1); or

(b) the appealable registration decision treated as having been made in respect of him by virtue of paragraph 3(2).

    (2) An appeal under sub-paragraph (1) shall be made by giving notice of appeal to the registrar.

    (3) Notice of appeal in a case within sub-paragraph (1)(a) must be given before the end of the period of 28 days beginning with the date on which notification of the decision was served under paragraph 3(1), subject to any extension of time under paragraph 5.

    (4) Notice of appeal in a case within sub-paragraph (1)(b) must be given before the end of the period of 28 days following the end of the requisite period.

    (5) In the case of an appealable registration decision which is a decision to erase a person's name from registration in the dental care professionals register under a particular title, where—

(a) no appeal under this paragraph is brought against the decision within the period of time specified in sub-paragraph (3), or

(b) an appeal under this paragraph is brought but is withdrawn or struck out for want of prosecution,

that decision shall take effect on the expiry of that period or, as the case may be, on the withdrawal or striking out of that appeal.

    (6) For the purposes of considering an appeal under this paragraph, the Registration Appeals Committee may make such inquiries as they consider appropriate.

    (7) Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals) applies to proceedings under this Schedule before the Registration Appeals Committee with the following modifications—

(a) in paragraph 1—


(i) omit sub-paragraph (1), and

(ii) in sub-paragraph (2)(b) for "the Council" substitute "the registrar";



(b) references to a Committee shall be read as references to the Registration Appeals Committee;

(c) in paragraph 2—



(i) omit sub-paragraph (1)(b), and

(ii) in sub-paragraph (2)(g), omit "the person (if any) making the allegation and"; and



(d) omit paragraph 7.

    (8) In disposing of an appeal under this paragraph, the Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the registrar; or

(d) remit the case to the registrar to dispose of in accordance with the directions of the Registration Appeals Committee.

    (9) In the case of an appealable registration decision which is a decision to erase a person's name from registration in the dental care professionals register under a particular title, where the Registration Appeals Committee dispose of an appeal brought under this paragraph by making a determination under sub-paragraph (8)(a), (c) or (d), that decision shall take effect—

(a) where no appeal under paragraph 6 is brought against the determination of the Registration Appeals Committee within the period of time specified in paragraph 6(1), on the expiry of that period;

(b) where an appeal under paragraph 6 is brought but is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of that appeal; or

(c) where an appeal under paragraph 6 is brought and dismissed under paragraph 6(2)(a), on the dismissal of that appeal.

    (10) Where the Registration Appeals Committee make a determination on an appeal under this Schedule, they shall, as soon as reasonably practicable—

(a) inform the registrar of, and serve on the person concerned notification of, the Committee's determination on the appeal and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (8)(b), serve on the person concerned notification of his right of appeal under paragraph 6.

Extension of time for appealing
     5. Where—

(a) any notification of a decision required under paragraph 3(1) to be served on a person is served by sending it to him by post, and

(b) the registrar is satisfied, on the application of that person, that he did not receive the notification within the period of 14 days beginning with the day on which the decision was made,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3).

Appeals from the Registration Appeals Committee
     6. Where—

(a) the Registration Appeals Committee determine an appeal under paragraph 4, and

(b) they do not determine under paragraph 4(8)(b) to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notification of the determination was served on him under paragraph 4(10), appeal against the determination to the relevant court.

    (2) On an appeal under this paragraph from the Registration Appeals Committee, the relevant court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination appealed against,

(c) substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Committee, or

(d) remit the case to the Registration Appeals Committee to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

    (3) In this paragraph "the relevant court" means—

(a) where the person concerned is registered in the dental care professionals register, and his address in that register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person concerned is not registered in that register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.".

(a) the Professional Conduct Committee;

(b) the Professional Performance Committee;

(c) the Health Committee; or

(d) the Interim Orders Committee.

    (2) A "party" to proceedings means, unless the context otherwise requires—

(a) the person to whose registration the proceedings relate; or

(b) the Council.

Rules relating to procedure
     2. —(1) Subject to the provisions of this paragraph, rules shall make provision as to the procedure to be followed—

(a) in proceedings before a Committee under Part 3A of this Act; and

(b) by the Investigating Committee in the exercise of their functions under section 36O.

    (2) Rules under sub-paragraph (1)(a) shall include provision—

(a) requiring the registrar to serve notification on the person to whose registration the proceedings relate that proceedings are to be brought and outlining the case against him;

(b) enabling any party to be heard by a Committee, if the party so requires;

(c) enabling any party to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d) enabling the registrar to serve notification of the proceedings on any person who in his opinion has an interest in those proceedings, and to provide any person so notified with an opportunity to submit written representations;

(e) enabling a Committee, before they hold any hearing, where they consider that it would assist them in performing their functions, to hold a preliminary meeting in private attended by the parties and the parties' representatives and any other person the Committee think appropriate;

(f) requiring proceedings before a Committee to be held in public unless and to the extent that the rules provide otherwise;

(g) requiring the registrar to serve notification on the person (if any) making the allegation and any other person who in his opinion has an interest in the proceedings, of the Committee's decision and the reasons for the decision; and

(h) requiring the registrar to publish, in such manner as may be specified in the rules, such information relating to the case and any decision made by the Committee as may be specified in the rules.

    (3) Each stage in proceedings before a Committee under Part 3A of this Act shall be dealt with expeditiously and a Committee may give directions as to the conduct of the case and the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).

    (4) Rules may provide for the Chairman of a Committee to hold the meeting referred to in sub-paragraph (2)(e) or to give the directions mentioned in sub-paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.

Evidence etc.
     3. Subject to paragraph 4, rules shall make provision regarding the rules of evidence to be observed in any proceedings before a Committee under Part 3A of this Act, including rules as to the admissibility of evidence.

     4. —(1) For the purpose of proceedings under Part 3A of this Act in England and Wales or in Northern Ireland before a Committee, a Committee may—

(a) summon any person to attend a hearing as a witness, to answer any question or to produce any documents in his custody or under his control which relate to any matter in question in the proceedings;

(b) require any witness appearing before them to give evidence on oath and for this purpose an oath may be administered in due form; and

(c) upon an application by a person summoned to appear before them, set the summons aside.

    (2) No person shall be compelled under sub-paragraph (1)—

(a) to attend in obedience to a summons if he has been given less than 14 days' notification of the hearing unless he informs the Committee before the hearing that he accepts such notification has been given; or

(b) to produce any document which he could not be compelled to produce on the trial of an action.

    (3) For the purposes of any proceedings under Part 3A of this Act in Scotland before a Committee, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that Court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

     5. Where the proceedings relate to a person's conduct, and that conduct has been considered by another body whose functions include overseeing the conduct of members of a health or social care profession, a Committee may adopt as its own findings any finding of fact found by that body and proceed to determine the case without further inquiry.

Costs
     6. —(1) In the course of proceedings under Part 3A of this Act, a Committee may make such order as to costs (or, in Scotland, expenses) as they think fit, but may make provision as described in sub-paragraph (2) only if rules allowing such provision have been made under that sub-paragraph.

    (2) Rules may allow a Committee—

(a) to disallow all or part of the costs (or, in Scotland, expenses) of a representative of a party by reason of that representative's conduct of the proceedings; and

(b) to order a representative of a party to meet all or part of the costs (or, in Scotland, expenses) incurred by a party by reason of that representative's conduct of the proceedings.

    (3) A Committee shall have regard to a person's ability to pay when considering the making of an order under this paragraph.

    (4) Any sum required to be paid under an award in respect of costs (or, in Scotland, expenses) shall be recoverable as if it had been adjudged to be paid by an order of a relevant court.

    (5) In sub-paragraph (4) "the relevant court" means—

(a) where the person to whose registration the proceedings relate is registered in the dental care professionals register, and his address in that register is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person to whose registration the proceedings relate is not registered in that register, but his address would (if he were to be registered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c) in any other case, the county court.

Reference of cases to the registrar or a different Committee
     7. —(1) Rules shall be made enabling a Practice Committee, in the course of proceedings under Part 3A of this Act—

(a) to refer to another Practice Committee any matter arising which they consider should be dealt with by that other Practice Committee;

(b) to take advice, as they consider necessary and appropriate, from another Practice Committee; and

(c) to refer to the Interim Orders Committee any allegation before them which they consider should be dealt with by the Interim Orders Committee.

    (2) Rules under sub-paragraph (1)(a) may provide that, where a Practice Committee refer a case to another Practice Committee by virtue of those rules, section 36P is to apply as if the case had originally been referred by the Investigating Committee to that other Practice Committee.".

(a) the registrar,

(b) the Council,

(c) the Investigating Committee,

(d) the Professional Conduct Committee,

(e) the Professional Performance Committee,

(f) the Interim Orders Committee,

(g) the Health Committee, and

(h) the Registration Appeals Committee,

on questions of law arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

    (3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a legal adviser.

    (4) Legal advisers shall have such other functions as may be conferred on them by rules, and in particular provision may be made, in relation to any proceedings—

(a) requiring a legal adviser, when advising the Council or any of their committees, to do so in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or, where advice is given in private, requiring every such party or person to be notified of the advice given by a legal adviser; or

(b) requiring every party, or person representing a party, to the proceedings to be notified in any case where a legal adviser's advice is not accepted by the person or body in receipt of the advice.

    (5) To be qualified for appointment as a legal adviser under this paragraph, a person must—

(a) have a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) be an advocate or solicitor in Scotland of at least ten years' standing; or

(c) be a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing.

    (6) The Council may pay such fees, allowances or expenses to persons appointed as legal advisers as the Council may determine.

Medical advisers
     2. —(1) The Council may appoint registered medical practitioners to be medical advisers.

    (2) Medical advisers shall have the general function of giving advice to—

(a) the registrar,

(b) the Council,

(c) the Investigating Committee,

(d) the Professional Conduct Committee,

(e) the Professional Performance Committee,

(f) the Interim Orders Committee,

(g) the Health Committee, and

(h) the Registration Appeals Committee,

on matters within their professional competence arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

    (3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a medical adviser.

    (4) Medical advisers shall also have such other functions as may be conferred on them by rules.

    (5) The Council may pay such fees, allowances or expenses to persons appointed as medical advisers as the Council may determine.

Professional advisers
     3. —(1) The Council may appoint persons registered in either the dentists register or the dental care professionals register to be professional advisers.

    (2) Professional advisers shall have the general function of giving advice to—

(a) the registrar,

(b) the Council,

(c) the Investigating Committee,

(d) the Professional Conduct Committee,

(e) the Professional Performance Committee,

(f) the Interim Orders Committee,

(g) the Health Committee, and

(h) the Registration Appeals Committee,

on matters within their professional competence arising in connection with any matter under consideration by a person or body listed in this sub-paragraph.

    (3) No person who has been appointed as the registrar or appointed to the Council or a Committee listed in sub-paragraph (2) shall be appointed a professional adviser.

    (4) Professional advisers shall also have such other functions as may be conferred on them by rules.

    (5) The Council may pay such fees, allowances or expenses to persons appointed as professional advisers as the Council may determine.".