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PART 7 DENTISTS AND PROFESSIONS COMPLEMENTARY TO DENTISTRY: DENTISTS ACT 1984

Amendment of Dentists Act 1984

109.  The Dentists Act 1984(92) is amended in accordance with this Part.

Insertion of section 12A

110.  After section 12 insert—

“Degrees and licences in dentistry

12A.—(1) A dental authority may grant a UK diploma in dentistry to a person only if the authority is satisfied that the person has successfully completed basic dental training.

(2) In this section—

“basic dental training” means dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training);

“UK diploma in dentistry” means—

Amendment of section 14

111.  In section 14(93) (the dentists register and the registrar), after subsection (1) insert—

“(1A) The register shall consist of three lists, namely—

(a) the principal list, which shall contain particulars of persons who under section 15 are entitled to be registered in the register;

(b) the list of temporary registrants, which shall contain particulars of persons who under section 17 are directed to be registered in the register; and

(c) the list of visiting dentists from relevant European States, which shall contain particulars of persons who under Schedule 4 are entitled to be registered in the register.”.

Amendment of section 15

112.  In section 15(94) (qualification for registration in the dentists register)—

(a) in subsection (1), for paragraph (b) substitute—

“(b) any exempt person who holds an appropriate European diploma;

(ba) any exempt person—

(i) whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations,

(ii) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and

(iii) who is permitted to pursue the profession of dentistry in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); and”;

(b) in subsection (2), omit the definition of “national”;

(c) omit subsection (2A);

(d) in subsection (3), for “paragraph (a) or (b) of subsection (1)” substitute “paragraph (a), (b) or (ba) of subsection (1)”;

(e) in subsection (4)(d), for sub-paragraph (i) substitute—

“(i) is an exempt person, or”;

(f) for subsections (4A) and (4B) substitute—

“(4A) Subsections (4B) to (4BC) apply in relation to an exempt person (“A”) who applies for registration under paragraph (b) or (ba) of subsection (1).

(4B) For the purposes of subsection (3)(b), the registrar shall accept as sufficient evidence of A’s good character a certificate which—

(a) attests to A’s good character or good repute; and

(b) is issued by a competent authority in A’s attesting State.

(4BA) If no such certificate is issued by a competent authority in A’s attesting State, for the purposes of subsection (3)(b) the registrar shall accept as sufficient evidence of A’s good character a certificate—

(a) attesting to the authenticity of a declaration on oath made by A—

(i) before a competent judicial or administrative authority, notary or qualified professional body of A’s attesting State, and

(ii) attesting to A’s good character; and

(b) issued by the authority, notary or body referred to in paragraph (a)(i).

In this subsection, “declaration on oath” includes a solemn declaration.

(4BB) For the purposes of subsection (3)(c), the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a) attests to A’s good physical and mental health; and

(b) is required of a person who wishes to practise dentistry in A’s attesting State.

(4BC) If no such certificate is required of persons who wish to practise dentistry in A’s attesting State, for the purposes of subsection (3)(c) the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a) attests to A’s good physical and mental health; and

(b) is issued by a competent authority in A’s attesting State.

(4BD) In subsections (4B) to (4BC) the “attesting State”, in relation to A, is—

(a) the relevant European State in which A obtained his dental qualification; or

(b) (if different) the relevant European State from which A comes to the United Kingdom.”;

(g) in subsection (4C), for “subsection (4A) or (4B)” substitute “subsection (4B), (4BA), (4BB) or (4BC)”; and

(h) omit subsection (7).

Amendment of section 16

113.  In section 16 (supplementary provisions as to registration of holders of overseas diplomas)—

(a) in subsection (2A)(95)—

(i) for “a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b))” substitute “an exempt person”, and

(ii) for paragraph (b) substitute—

“(b) if the person holds a dental qualification which—

(i) was granted otherwise than in a relevant European State, but

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a dentist in that State,

shall take that acceptance into account; and”; and

(b) after subsection (2A) insert—

“(2B) In the case of an exempt person who holds a dental qualification which—

(a) was granted otherwise than in a relevant European State, and

(b) has not previously been accepted by a relevant European State as qualifying him to practise as a dentist in that State,

the Council shall not determine that they are satisfied that that person has the requisite knowledge and skill as mentioned in section 15(4)(c) above unless the dental qualification is evidence of dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training).”.

Amendment of section 17

114.  In section 17(96) (temporary registration)—

(a) in subsection (2)(d), for sub-paragraph (i) substitute—

“(i) is an exempt person, or”; and

(b) in subsection (3A)—

(i) for “a person who is a national of an EEA State (or a person who is treated as such for the purposes of section 15(1)(b))” substitute “an exempt person”, and

(ii) for “another EEA State” substitute “a relevant European State other than the United Kingdom”.

Amendment of section 18

115.  In section 18(97) (procedure for registration)—

(a) in subsection (1), for “Subject to section 17 above and subsection (3) below, any right to registration” substitute “Subject to subsection (3) below, any right to registration under section 15 above”;

(b) in subsection (2)—

(i) in paragraph (b), for “registration; and” substitute “registration.”, and

(ii) omit paragraph (c); and

(c) after subsection (2) insert—

“(2A) An exempt person (“A”) applying to be registered in the register shall (in addition to the document and statement mentioned in subsection (2)) produce or send to the registrar—

(a) if A is applying to be registered in exercise of entitlement under section 15(1)(b), (ba) or (c) and is a national of a relevant European State, proof of A’s nationality;

(b) if A is applying to be registered in exercise of entitlement under section 15(1)(b), (ba) or (c) and is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person;

(c) if A—

(i) is applying to be registered in exercise of entitlement under section 15(1)(b),

(ii) holds a diploma listed in Annex V, point 5.3.2 of the Directive (evidence of basic formal qualifications of dental practitioners), and

(iii) has successfully completed dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training),

a certificate as mentioned in subsection (2B).

(2B) The certificate—

(a) must be a certificate issued by a competent authority in A’s attesting State (as defined by section 15(4BD)); and

(b) must certify that the document produced or sent by A under subsection (2)(a) is a diploma listed in relation to that State in Annex V, point 5.3.2 of the Directive.”.

Amendment of section 19

116.  In section 19(98) (regulations with respect to the register)—

(a) in subsection (1), for “The Council” substitute “Subject to subsection (1A), the Council”; and

(b) after subsection (1) insert—

“(1A) Regulations under this section shall not prescribe fees in respect of registration in the list mentioned in section 14(1A)(c).”.

Substitution of section 21A

117.  For section 21A(99) substitute—

“Notification of results of application

21A.—(1) This section applies where a person (“A”) makes an application to be registered in the register in exercise of entitlement under section 15.

(2) The registrar, within the period of one month beginning with the date of receipt of the application, must—

(a) acknowledge receipt of the application; and

(b) inform A of any missing document required for the purposes of the application.

(3) The registrar must notify A of the result of the application—

(a) in the case of an application for registration in exercise of entitlement under section 15(1)(a), (b) or (c), within the period of three months beginning with the relevant date;

(b) in the case of an application for registration in exercise of entitlement under section 15(1)(ba), within the period of four months beginning with the relevant date.

(4) The “relevant date”, in relation to an application, is—

(a) the date when the registrar receives the application; or

(b) if any document required for the purposes of the application is missing when the registrar receives the application, the date on which the registrar first has all the documents required for those purposes.”.

Insertion of section 34AA

118.  After section 34A insert—

“Limits on section 34A as respects visiting dentists from relevant European States

34AA.—(1) Subsections (1) and (2) of section 34A(100), so far as relating to a person (“P”) who is a registered dentist only as a result of being in the list mentioned in section 14(1A)(c), have effect subject to, respectively, subsections (2) and (3) of this section.

(2) Rules made under section 34A(1)—

(a) may not impose requirements on P if P is required to undertake, in P’s home State, professional training and development in relation to the profession of dentistry; and

(b) where they impose requirements on P—

(i) shall take account of the fact that P is a fully qualified dentist in P’s home State, and

(ii) shall specify that professional training and development which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(3) The registrar’s power under section 34A(2) is exercisable in relation to P only if it also appears to the registrar that, in the circumstances of the case, erasure from the register is an appropriate and proportionate sanction in view of P’s continued lawful establishment in dental practice in P’s home State.

(4) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established in dental practice.”.

Amendment of section 35

119.  In section 35(101) (effect on registration of disqualification in another member State)—

(a) in the side-note, and in the italic heading preceding the section, for “another member” substitute “a relevant European”;

(b) in subsections (1) and (2), for “an EEA State” substitute “a relevant European State”;

(c) in subsections (1), (3) and (5), after “section 15(1)(b)” insert “or (ba)”; and

(d) in subsection (2)(b), after “he is prohibited” insert “(whether on a permanent or temporary basis)”.

Amendment of section 36

120.  In section 36(102) (visiting EEA practitioners)—

(a) in the side-note, and in the italic heading preceding the section, for “Visiting EEA practitioners” substitute “Visiting dentists from relevant European States”;

(b) for “EEA” substitute “relevant European”; and

(c) omit “without being registered under this Act”.

Insertion of sections 36ZA and 36ZB

121.  After section 36 insert—

“The Directive: designation of competent authority etc.

The Directive: designation of competent authority etc.

36ZA.—(1) The Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to dentistry(103).

(2) The designation under subsection (1)—

(a) does not extend to matters relating to training to be, or qualifications or practice as, a specialist in orthodontics or in oral surgery;

(b) does not extend to the awarding of UK diplomas in dentistry.

(3) Accordingly, the Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 4ZA so far as those functions relate to matters other than specialist matters (as respects those functions so far as relating to specialist matters, see regulation 4 of, and Schedule A1 to, the European Primary and Specialist Dental Qualifications Regulations (S.I. 1998/811)); and for this purpose each of the following is a “specialist matter”—

(a) training to be a specialist in orthodontics or oral surgery;

(b) qualifications as such a specialist;

(c) practice as such a specialist.

(4) Each dental authority is designated as a competent authority in the United Kingdom for the purposes of awarding UK diplomas in dentistry.

(5) In subsection (4) “UK diploma in dentistry” means—

(a) a degree in dentistry that gives its holder the qualification of Bachelor of Dental Surgery (whether abbreviated as BDS or B.Ch.D.); or

(b) a licence in dentistry that gives its holder the qualification of Licentiate in Dental Surgery (LDS).

(6) In Schedule 4ZA—

“non-UK dental qualification” means a dental qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom;

“UK dental qualification” means a dental qualification that is awarded to a person by a competent authority in the United Kingdom.

Fees for provision of certificates

36ZB.  The Council may charge such reasonable fees as they may determine to cover the cost of providing any of the certificates referred to in Schedule 4ZA.”.

Amendment of section 36B

122.  In section 36B(104) (the dental care professionals register), after subsection (1) insert—

“(1A) The dental care professionals register shall consist of two lists, namely—

(a) the principal list, which shall contain particulars of persons who under section 36C are entitled to be registered in the dental care professionals register; and

(b) the list of visiting dental care professionals from relevant European States, which shall contain particulars of persons who under section 36Z3 are entitled to be registered in the dental care professionals register.”.

Amendment of section 36C

123.  In section 36C(105) (qualifications for registration)—

(a) for subsection (3) substitute—

“(3) Matter B is that the person—

(a) is an exempt person; and

(b) is permitted to practise in the United Kingdom as a member of the profession pursued by clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists or orthodontic therapists (as the case may be) by virtue of Part 3 of the General Systems Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations).”;

(b) in subsection (4)(c), for “(except where he is a national of an EEA State or a person within subsection (3)(a)(ii))” substitute “except where he is an exempt person,”;

(c) for subsection (5)(b) substitute—

“(b) in the case of an exempt person who holds a relevant qualification which—

(i) was granted otherwise than in a relevant European State, and

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying the person to practise in that State as a member of the profession or class to which the title applies,

shall take that acceptance into account.”; and

(d) omit subsection (7).

Amendment of section 36E

124.  In section 36E(106) (rules relating to the dental care professionals register), in paragraph (a), for “in the dental care professionals register” substitute “in the principal list of the dental care professionals register”.

Amendment of section 36F

125.  In section 36F(107) (fees)—

(a) in subsection (1), for “The Council” substitute “Subject to subsection (1A), the Council”; and

(b) after subsection (1) insert—

“(1A) Regulations under this section shall not prescribe fees in respect of registration in the list mentioned in section 36B(1A)(b).”.

Insertion of sections 36Z3 and 36Z4

126.  After section 36Z2(108) insert—

“Visiting dental care professionals from relevant European States

Visiting dental care professionals from relevant European States

36Z3.—(1) This section applies to an exempt person (“V”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), as a member of one of the dental care professions (“the established profession”).

(2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of relevant services in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of relevant services).

(3) V is entitled to be registered in the dental care professionals register under the title, or (as the case may be) the titles, specified in regulations under section 36A(2) as applying to the established profession; and the registrar shall give effect to the entitlement.

(4) If V—

(a) is entitled under subsection (3) to be registered in the dental care professionals register under any particular title, but

(b) is not registered in the list mentioned in section 36B(1A)(b) under that title,

V shall be treated as registered in that list under that title.

(5) V’s entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of relevant services in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) V’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b) V’s name is registered in the list mentioned in section 36B(1A)(b) under the title, or any one or more of the titles, specified in regulations under section 36A(2) as applying to the established profession,

the registrar may erase V’s name from registration in that list under the title or titles concerned.

(7) Subsection (8) applies if—

(a) V’s establishment in State A is subject to a condition relating to V’s practice of the established profession;

(b) V’s name is registered in the dental care professionals register under the title, or (as the case may be) the titles, specified in regulations under section 36A(2) as applying to the established profession; and

(c) for any of the purposes of this Act it falls to be decided whether V’s fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by V during the course of the provision by V of relevant services in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the established profession outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the list mentioned in section 36B(1A)(b), of any other provision of this Act under which a registered dental care professional’s name may be erased from the dental care professionals register or under which a registered dental care professional’s registration in the dental care professionals register may be suspended.

(11) In this section “relevant services” means services provided in pursuit of the established profession.

(12) For the purposes of this section, each of the following is a dental care profession—

(a) the profession pursued by clinical dental technicians;

(b) the profession pursued by dental hygienists;

(c) the profession pursued by dental nurses;

(d) the profession pursued by dental technicians;

(e) the profession pursued by dental therapists;

(f) the profession pursued by orthodontic therapists.

Limits on section 36Z1 as respects visiting dental care professionals

36Z4.—(1) Subsections (1) and (2) of section 36Z1(109), so far as relating to a person (“P”)—

(a) who is registered in the list mentioned in section 36B(1A)(b) under a title applying to, or to a class of members of, a particular profession (“the established profession”), but

(b) who is not registered in the list mentioned in section 36B(1A)(a) under a title applying to, or to a class of members of, the established profession,

have effect subject to, respectively, subsections (2) and (3) of this section.

(2) Rules made under section 36Z1(1)—

(a) may not impose requirements on P in connection with P’s pursuit of the established profession if P is required to undertake, in P’s home State, professional training and development in relation to the established profession; and

(b) where they impose requirements on P in connection with P’s pursuit of the established profession—

(i) shall take account of the fact that P is fully qualified to pursue the established profession in P’s home State, and

(ii) shall specify that professional training and development which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(3) The registrar’s power under section 36Z1(2) is exercisable in relation to P’s registration under a title applying to, or to a class of members of, the established profession only if it also appears to the registrar that, in the circumstances of the case, erasure from registration under that title is an appropriate and proportionate sanction in view of P’s continued lawful establishment as a member of the established profession in P’s home State.

(4) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a member of the established profession.”.

Amendment of section 38

127.  In section 38 (prohibition on practice of dentistry by laymen), in subsection (1)(110), for “a registered dentist, a registered dental care professional or a visiting EEA practitioner entered in the list of such practitioners” substitute “a registered dentist or a registered dental care professional”.

Amendment of section 39

128.  In section 39(111) (prohibition on use of practitioners’ titles by laymen), in subsection (1), omit “or a visiting EEA practitioner entered in the list of such practitioners”.

Amendment of section 53

129.  In section 53 (interpretation), in subsection (1)(112)—

(a) before the definition of “the Council” insert—

““competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

in connection with the practice of dentistry or a profession complementary to dentistry;;”;

(b) after the definition of “diploma” insert—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No. L255, 30.09.2005, p.22)(113), and references in this Act to the Directive or to any provision of the Directive are references to the Directive, or to that provision of the Directive, as amended from time to time;”;

(c) omit the definitions of “the EEA Agreement” and “EEA State”;

(d) after the definition of “the Directive” insert—

““exempt person”, in relation to the profession of dentistry or in relation to a profession complementary to dentistry, means—

“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);”;

(e) after the definition of “interim order” insert—

““national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;”;

(f) after the definition of “the registrar” insert—

““relevant European State” means an EEA State or Switzerland.”; and

(g) omit the definition of “visiting EEA practitioner entered in the list of such practitioners”.

Amendment of Schedule 2

130.—(1) Schedule 2 (European dental qualifications) is amended as follows.

(2) For paragraph 1(114) substitute—

“1.  In this Schedule—

“medical qualification” means a diploma, certificate or other evidence of qualifications as a doctor issued by a competent authority in a relevant European State; and

“the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.3.2 of the Directive.”.

(3) In paragraph 2(115)—

(a) for “an EEA State” substitute “a relevant European State”; and

(b) after “of this Act” insert “, provided that, where the diploma is listed in Annex V, point 5.3.2 of the Directive, it is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”.”.

(4) For paragraph 3(116) substitute—

“3.  A diploma listed in Annex V, point 5.3.2 of the Directive granted in a relevant European State before the reference date, or on or after that date where training of which the diploma is evidence was commenced by the holder before that date, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder either—

(a) does the following—

(i) satisfies the registrar (by means of a certificate of a competent authority of that State or otherwise) that the diploma guarantees that the holder’s training satisfies the requirements of article 34 of the Directive (requirements for basic dental training), and

(ii) produces to the registrar, where appropriate, the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”; or

(b) produces to the registrar a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate.”.

(5) For paragraph 3A(117) substitute—

“3A.  A diploma granted in a relevant European State on or after the reference date which is not evidence of training commenced by the holder before that date, and which is not listed in Annex V, point 5.3.2 of the Directive, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder produces to the registrar a certificate issued by a competent authority of the relevant European State certifying that the diploma—

(a) is evidence of training which satisfies the requirements of article 34 of the Directive; and

(b) is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive.”.

(6) In paragraph 4(118)—

(a) for “an EEA State before the implementation date” substitute “a relevant European State before the reference date”;

(b) for “a scheduled European diploma” substitute “listed in Annex V, point 5.3.2 of the Directive”; and

(c) for “the said purposes” substitute “the purposes of section 15(1)(b)”.