Part IIIU.K. The Dental Profession

RegistrationU.K.

[F114 The dentists register and the registrarU.K.

(1)There shall continue to be a register known as the dentists register (referred to in this Act as “the register”).

[F2(1A)The register shall consist of [F3two] lists, namely—

(a)the principal list, which shall contain particulars of persons who under section 15 are entitled to be registered in the register; [F4and]

(b)the list of temporary registrants, which shall contain particulars of persons who under section 17 are directed to be registered in the register; F5...

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)The register shall be kept by a registrar appointed by the Council.

(3)Any person appointed to the office of registrar shall hold the office for such period and shall receive such salary as may be fixed by the Council.

(4)The registrar shall perform such duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears to him sufficient.

(5)The registrar may delegate, either generally or specifically, any of his functions to any of the Council’s officers.

(6)A certificate purporting to be signed by the registrar, certifying that a person—

(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.]

15 Qualification for registration in the dentists register.U.K.

(1)Subject to the provisions of this Act the following persons shall be entitled to be registered in the dentists register in accordance with this Act, namely—

(a)any person who is a graduate or licentiate in dentistry of a dental authority; F6...

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(c)any person who—

(i)holds an overseas diploma in dentistry, and

(ii)has satisfied the Council that the person has the requisite knowledge and skill (see sections 16A (requisite knowledge and skill: holders of overseas diplomas) and 16B (requisite knowledge and skill: recognition of [F10overseas diplomas)); and]]

[F11(d)any person who—

(i)holds a specified state qualification in dentistry that is not a relevant European diploma, and

(ii)has met the requirement specified in relation to that person under section 15ZA.]

[F12(1A)Subsection (1)(c)(ii) does not apply to a person whose application under this section is made in reliance on a relevant European diploma.]

[F13(1B)Subsection (1)(c)(ii) does not apply to a person who is entitled to be registered under subsection (1)(d).]

[F14(2)[F15In this Act “overseas diploma” means—

(a)a relevant European diploma, or

(b)any other diploma granted in a country overseas.]

(2ZA)In this Act “relevant European diploma” means—

(a)an appropriate European diploma, within the meaning given by Schedule 2, that has not been designated by the Council for the purposes of this paragraph, or

(b)a dental qualification that is not an appropriate European diploma but—

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

(ii)demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a UK diploma in dentistry F16....

(2ZB)The Council—

(a)may designate a diploma for the purposes of subsection (2ZA)(a) only with the approval of the Privy Council;

(b)must maintain and publish a list of the diplomas that are so designated.]

F17(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(2B)The Council may determine that a specified state qualification in dentistry does not meet the standard in subsection (2ZA)(b)(ii) only where one or more of Conditions 1 to 3 are met.

(2C)Condition 1 is met where there exists a substantial difference between the level of knowledge and skill demonstrated by the specified state qualification and the level of knowledge and skill demonstrated by a UK diploma in dentistry.

(2D)Condition 2 is met where the professional activities to which a UK diploma in dentistry relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

(2E)Condition 3 is met where requiring an applicant to take an aptitude test or to complete an adaptation period, or to do both, would amount to requiring the applicant to acquire a UK diploma in dentistry.]

(3)A person shall not be entitled to be registered in the dentists register F19... unless he satisfies the registrar as to the following matters, namely—

(a)his identity;

(b)that he is of good character; and

[F20(ba)that he has the necessary knowledge of English;]

(c)that he is in good health, both physically and mentally.

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(4ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4BB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4BC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4BD). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(8)In this section—

• “adaptation period” means a period of practice, subject to an assessment and, where necessary, accompanied by further training, which is supervised by a registered dentist;

• “aptitude test” means an assessment with the aim of determining whether a person has the requisite knowledge and skill;

• “UK diploma in dentistry” has the meaning given by section 12A(2).]

[F2815ZASection 15: further provision relating to specified state professionalsU.K.

(1)The Council must specify in relation to a person who applies to be registered in the dentists register under section 15(1)(d) what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

(2)Subsection (1) does not apply if the specified state qualification held by the person is determined not to meet the standard in section 15(2ZA)(b)(ii) because Condition 3 is met in relation to it (see section 15(2E)).

(3)Where the Council specify under this section an aptitude test or adaptation period, or both, in relation to a person, the aptitude test or the adaptation period, or the aptitude test and adaptation period together, must be proportionate to the difference sought to be addressed.

(4)The Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.

(5)If the Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.

(6)In this section, “adaptation period” and “aptitude test” have the same meaning as in section 15.]

[F2915A.Supplementary provisions as to the necessary knowledge of EnglishU.K.

(1)The Council must publish guidance about—

(a)the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English; and

(b)the process by which the registrar is to determine whether the registrar is satisfied as mentioned in paragraph (a).

(2)The registrar must have regard to the guidance published under subsection (1) in determining whether the registrar is satisfied as mentioned in subsection (1)(a).

(3)Subsections (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English.

(4)The registrar may request the applicant to provide further evidence, information or documents within such period as the registrar may specify.

[F30(4A)Where the applicant is applying in reliance on a specified state qualification, the registrar may not request more evidence, information or documents than is necessary to demonstrate to the registrar that the applicant has the necessary knowledge of English.]

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The registrar may require the applicant—

(a)to undergo an examination or other assessment; and

(b)to provide information in respect of that examination or assessment,

within such period as the registrar may specify.

[F32(6A)Where the registrar requires an applicant who makes an application in reliance on a specified state qualification to undergo an examination or other assessment, the examination or assessment must be proportionate to the knowledge of English referred to in section 15(3)(ba).]

F33(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Guidance published under subsection (1) may make different provision in relation to different cases or classes of case.

(9)The Council must keep guidance published under subsection (1) under review and may vary or withdraw it whenever they consider it appropriate to do so.

(10)If the Council vary any guidance published under subsection (1) they must publish the guidance as varied.

(11)Before publishing any guidance under subsection (1), or varying or withdrawing it, the Council must consult the persons and bodies mentioned in section 26B(5)(a) to (c).

(12)The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance published under subsection (1) to any person.

(13)In this section—

(a)references to an applicant are references to a person applying for registration in the dentists register, and

(b)references to guidance published under subsection (1) include references to guidance published by virtue of subsection (10).]

F3416 Supplementary provisions as to registration of holders of overseas diplomas.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3516A.Requisite knowledge and skill: holders of overseas diplomasU.K.

(1)Rules may make provision for the purpose of determining whether a person who holds an overseas diploma in dentistry has the requisite knowledge and skill mentioned in section 15(1)(c)(ii).

(2)Rules made by virtue of subsection (1) may (in particular) make provision—

(a)requiring the person to undertake an assessment;

(b)imposing such other requirements on the person as the Council considers appropriate;

(c)enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining whether the person has the requisite knowledge and skill.

16B.Requisite knowledge and skill: recognition of overseas diplomasU.K.

(1)The Council may recognise an overseas diploma of a particular kind as furnishing such guarantees as to the knowledge and skill of the person who holds the diploma that no further enquiry into the knowledge and skill of that person is necessary.

(2)A person who holds an overseas diploma recognised by the Council for the time being in accordance with subsection (1) is to be taken to have satisfied the Council that the person has the requisite knowledge and skill mentioned in section 15(1)(c)(ii).

(3)Rules may make provision about the recognition of overseas diplomas under subsection (1).

(4)Rules made by virtue of subsection (3) may (in particular) make provision enabling the Council to require the payment of fees for the purpose of meeting expenses incurred, or to be incurred, by the Council in determining applications for the recognition of overseas diplomas.]

17 Temporary registration.U.K.

(1)Where the Council, with a view to permitting any person holding [F36an] overseas diploma temporarily to practise dentistry in a particular post in a hospital or other institution, give a direction that he be registered as respects practice in that post in that hospital or institution for such period as may be specified in the direction, that person shall be entitled to be registered in the dentists register in accordance with this Act subject to the entry against his name of the restrictions specified in the direction.

(2)No direction shall be given under this section unless the persons concerned has satisfied the registrar as to the following matters, namely—

(a)his identity;

(b)that he is of good character;

(c)that he has the requisite knowledge and skill for the efficient practice of dentistry in the post in question;

[F37(d)that he has the necessary knowledge of English; and]

(e)that he is in good health, both physically and mentally.

F38(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(3B)Section 15A F41... applies in relation to a person applying for registration under this section as if references to section 15(3)(ba) or (4)(d) were references to subsection (2)(d) of this section.]

(4)Registration under this section shall not make it lawful for a person to practise dentistry otherwise than subject to the restrictions specified in the relevant direction nor constitute him a registered dentist for the purposes of Schedule 1 to this Act.

F42(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .