Dentists Act 1984

Part IVU.K. Restrictions on Practice of Dentistry and on Carrying on Business of Dentistry

The practice of dentistryU.K.

37 Definition of practice of dentistry.U.K.

(1)[F1Subject to subsection (1A), for] the purposes of this Act, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists; and any person who performs any operation or gives any treatment, advice or attendance on or to any person as preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances shall be deemed to have practised dentistry within the meaning of this Act.

[F2(1A)For the purposes of this Act, the practice of dentistry shall be deemed not to include the performance of any medical task by a person who—

(a)is qualified to carry out such a task; and

(b)is a member of a profession regulated by a regulatory body (other than the Council) listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.]

[F3(2)Dental work to which subsection (2A) or (2B) applies shall not be treated for the purposes of this Act as amounting to the practice of dentistry if it is undertaken under the direct personal supervision of—

(a)a registered dentist; or

(b)a registered dental care professional of a kind authorised in rules under this section to carry out such supervision.

(2A)This subsection applies to dental work if it is undertaken—

(a)by a person recognised by a dental authority as a student of dentistry or by a medical authority as a medical student; and

(b)as part of a course of instruction or training approved by that authority for students of that kind or as part of an examination so approved.

(2B)This subsection applies to dental work if it is undertaken by a person as part of—

(a)a course of instruction or training which he is following in order to qualify for registration in the dental care professionals register under a particular title or titles; or

(b)an examination which he must pass in order to satisfy the requirements for registration in that register under a particular title or titles.]

[F4(2C)Subsection (2) does not have effect in relation to dental work that is done by a person as part of an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E).]

[F5(3)In this section “medical authority” means [F6a body or combination of bodies included in the list maintained under section 4(1)] of the Medical Act 1983 (qualifying examinations and primary United Kingdom qualifications) which is entitled to hold qualifying examinations for the purpose of granting one or more primary United Kingdom medical qualifications.]

38 Prohibition on practice of dentistry by laymen.U.K.

(1)[F7A person who is not [F8a registered dentist or a registered dental care professional]] shall not practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry.

[F9(1A)A specified state professional undertaking an adaptation period specified in relation to the person by the Council under section 15ZA or 36C(4E) does not contravene subsection (1) by practising dentistry or by holding out as regards practising or being prepared to practise dentistry if the practising of dentistry is done as part of the adaptation period or (as the case may be) the holding out relates only to the practising of dentistry as part of the adaptation period.]

(2)Any person who acts in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

(3)Summary proceedings for an offence under this section may be brought within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than two years after the commission of the offence.

(4)For the purposes of subsection (3) above a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as is mentioned in that subsection came to his knowledge shall be conclusive evidence of that date, and any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

39 Prohibition on use of practitioners’ titles by laymen.U.K.

[F10(1)A person shall not take or use the title of dentist, dental surgeon or dental practitioner, either alone or in combination with any other word, unless he is a registered dentist F11....]

(2)No person shall take or use any title or description implying that he is a registered dentist unless he is a registered dentist.

[F12(2A)A person who is not a registered dental care professional shall not take or use any title specified in regulations under section 36A(2), either alone or in combination with any other word.

(2B)No person shall take or use any title or description implying that he is a registered dental care professional unless he is a registered dental care professional.]

(3)Any person who acts in contravention of this section shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale.

Restrictions on carrying on the business of dentistryU.K.

40 Definition of business of dentistry.U.K.

(1) For the purposes of this Act a person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member receives payment for services rendered in the course of the practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.

(2)Notwithstanding subsection (1) above, the receipt of payments—

(a)by an authority providing national health services, or

[F13(aa)by a person providing primary dental services [F14F15... under a contract under section 100 [F16of the National Health Service Act 2006 or an agreement under section 107] of that Act, or F17... under a contract under section 57 [F18of the National Health Service (Wales) Act 2006 or an agreement under section 64] of that Act,] or]

[F19(ab)by a person (other than one falling within paragraph (a) above) providing personal dental services under [F20section 28C of the National Health Service Act 1977 F21 or] section 17C of the National Health Service (Scotland) Act 1978 F22, or]

[F23(ac)by a person (other than one falling within paragraph (a) above) providing personal dental services under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 F24, or]

(b)by a person providing dental treatment for his employees without a view to profit, or

(c)by a person providing dental treatment without a view to profit dental treatment without a view under conditions approved by the Secretary of State or the Department of Health and Social Services for Northern Ireland,

shall not constitute the carrying on of the business of dentistry for the purposes of this Act.

41 Restriction on individuals.U.K.

[F25(1)Subject to the provisions of this section, an individual who is not a registered dentist shall not carry on the business of dentistry unless—

(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.]

(4)Where a registered dentist or [F26authorised dental care professional] who died after 3rd July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his personal representatives or [F27his surviving spouse or his surviving civil partner] or any of his children, or trustees on behalf of [F27his surviving spouse or his surviving civil partner] or any of his children, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with his death.

(5)Where a registered dentist F28... who died before 4th July 1956 was at his death carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his widow, or trustees on behalf of his widow, from carrying on the business of dentistry in continuance of that business or practice at any time during her life.

(6)Where a registered dentist or [F29authorised dental care professional] becomes bankrupt at a time when he is carrying on a business or practice constituting the business of dentistry, this section shall not operate to prevent his trustee in bankruptcy, or in Northern Ireland the official assignee, from carrying on the business of dentistry in continuance of that business or practice during the three years beginning with the bankruptcy.

[F30(7)Rules made under subsection (1)(b) shall not be amended or revoked in such a way that any class of registered dental care professionals prescribed in those rules ceases thereafter to be prescribed.]

F3142 Restriction on bodies corporateU.K.

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

[F3243Directors of bodies corporateU.K.

(1)A body corporate commits an offence if it carries on the business of dentistry at a time when a majority of its directors are not persons who are either registered dentists or registered dental care professionals.

(2)Where a person is the subject of a decision erasing his name from, or suspending him from, a register kept by any of the regulatory bodies listed in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, that person commits an offence if he is a director of a body corporate carrying on the business of dentistry at any time when such an erasure or suspension remains in effect.

(3)Any body corporate committing an offence under subsection (1), or any person committing an offence under subsection (2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

[F3243A.Provision of information and payment of fees by bodies corporateU.K.

(1)The Council shall maintain a list, in such form as they consider appropriate, of bodies corporate which carry on the business of dentistry.

(2)Subject to subsections (3) and (4), a body corporate which carries on the business of dentistry shall, at intervals of no more than twelve months, provide the Council with the information specified in subsection (5).

(3)A body corporate which is carrying on the business of dentistry at the time when this section comes into force shall first provide the Council with the information specified in subsection (5) within the period of twelve months beginning with the date on which this section came into force.

(4)A body corporate which begins to carry on the business of dentistry after this section comes into force shall first provide the Council with the information specified in subsection (5) within the period of three months beginning with the date on which it begins to carry on that business.

(5)The information referred to in subsections (2), (3) and (4) is—

(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.

(6)Rules may specify the form and manner in which the information specified in subsection (5) is required to be provided.

(7)The Council may make regulations providing that a fee is payable by a body corporate on each occasion on which that body is required to provide information in accordance with subsection (2), (3) or (4).

43B.Financial penalties in relation to bodies corporateU.K.

(1)The registrar may refer to the Professional Conduct Committee for investigation information in his possession which indicates that there may be grounds for imposing a financial penalty under this section.

(2)For the purposes of this section, a “relevant requirement” means a requirement for a body corporate to—

(a)provide information under subsection (2), (3) or (4) of section 43A;

(b)provide such information in the form and manner specified in any rules under subsection (6) of that section; or

(c)pay any fee in accordance with regulations under subsection (7) of that section.

(3)The Professional Conduct Committee may impose a financial penalty under this section if they are satisfied that a body corporate failed to comply with a relevant requirement.

(4)In such a case, a financial penalty may be imposed on—

(a)the body corporate concerned;

(b)any person who was a director of that body at the time of the body’s failure to comply with the relevant requirement in question; or

(c)both that body corporate and one or more persons within paragraph (b).

(5)But a financial penalty shall not be imposed on a director or former director of the body corporate if he satisfies the Professional Conduct Committee that, at the time of the body’s failure to comply with the relevant requirement in question, he had taken all reasonable steps to ensure that the body complied with that requirement.

(6)A financial penalty imposed under this section—

(a)in the case of a body corporate, must not exceed £5,000,

(b)in the case of a person within subsection (4)(b), must not exceed £1,000,

and is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.

(7)If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (6)(a) or (b) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in paragraph (a) or (b) of that subsection such higher sum as appears to the Council justified by the change.

(8)The Council shall publish an order under subsection (7) in such form as they consider appropriate.

(9)An order under subsection (7) shall not have effect in relation to any case where the failure to comply with the relevant requirement in question occurred before the order came into force.

(10)Where the Professional Conduct Committee determine to impose a financial penalty under this section, the registrar shall forthwith serve on the person on whom the penalty is imposed notification of—

(a)the imposition of the penalty;

(b)the amount of the penalty;

(c)the period within which it is to be paid; and

(d)the person’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).

(11)Subject to subsection (12), the Council may recover the financial penalty from the person on whom it was imposed if the penalty is not paid within the period specified under subsection (6).

(12)A penalty may not be recovered under subsection (11) while proceedings by way of appeal under section 44B(1) are pending, or during the period in which any such proceedings may be brought.

(13)The Council shall pay any sum paid as a financial penalty, or recovered under subsection (11), into the Consolidated Fund.]

[F3244Further financial penalties on bodies corporateU.K.

(1)The Professional Conduct Committee may, subject to subsection (5), impose a financial penalty on a body corporate if condition A or condition B is satisfied.

(2)Condition A is satisfied if, at a time when the body corporate is carrying on the business of dentistry, the name of a director of the body corporate is erased—

(a)from the register by virtue of a direction under section 27B(6)(a); or

(b)from registration in the dental care professionals register under any title by virtue of a direction under section 36P(7)(a).

(3)Condition B is satisfied if at a time when the body corporate is carrying on the business of dentistry the name of a member of the staff of the body corporate is so erased, and in the opinion of the Professional Conduct Committee—

(a)the act or omission leading to the erasure was instigated, or connived at, by a director of the body corporate; or

(b)if the act or omission was a continuing act or omission, a director of the body corporate had, or reasonably ought to have had, knowledge of its continuation.

(4)A financial penalty imposed under subsection (1)—

(a)must not exceed £50,000; and

(b)is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.

(5)The Professional Conduct Committee shall not take a case into consideration under subsection (1) while proceedings by way of appeal are pending which may result in a decision that the name of the director or member of staff of the body corporate (as the case may be) should not be erased as described in subsection (2), or during the period in which any such proceedings may be brought.

(6)If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (4)(a) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in subsection (4)(a) such higher sum as appears to the Council justified by the change.

(7)The Council shall publish an order under subsection (6) in such form as they consider appropriate.

(8)An order under subsection (6) shall not have effect in relation to any case where the erasure of the name which gave rise to the penalty occurred before the order came into force.

(9)Where the Professional Conduct Committee determine to impose a financial penalty on a body corporate under subsection (1), the registrar shall forthwith serve on the body corporate notification of—

(a)the imposition of the penalty;

(b)the amount of the penalty;

(c)the period within which it is to be paid; and

(d)the body corporate’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).

(10)Subject to subsection (11), the Council may recover the financial penalty from the body corporate if the penalty is not paid within the period specified under subsection (4)(b).

(11)A penalty may not be recovered under subsection (10) while proceedings by way of appeal under section 44B(2) are pending, or during the period in which any such proceedings may be brought.

(12)The Council shall pay any sum paid as a financial penalty, or recovered under subsection (10), into the Consolidated Fund.

(13)References in this section to the erasure of the name of a director or member of staff of a body corporate include references to the erasure of the name of any person who was a director or member of staff of the body corporate at the time of the act or omission leading to the erasure.]

[F3244A.Supplementary provisions relating to financial penalties under sections 43B and 44U.K.

Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) applies to proceedings before the Professional Conduct Committee under section 43B or 44 with the following modifications—

(a)references to proceedings under Part 3 of the Act shall be read as including proceedings under sections 43B and 44;

(b)references to a Committee shall be read as references to the Professional Conduct Committee;

(c)in paragraph 1—

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

(ii)for sub-paragraph (2) substitute—

“(2)A “party” to proceedings means—

(a)the body corporate;

(b)any director or former director of the body corporate against whom the proceedings are brought; or

(c)the Council.”;

(d)in paragraph 2—

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

(ii)in sub-paragraph (2)(a), for “the person to whose registration the proceedings relate” substitute “the body corporate and any director or former director of the body corporate on whom a financial penalty may be imposed”, and

(iii)in sub-paragraph (2)(g), omit “the person (if any) making the allegation and”;

(e)omit paragraph 5;

(f)in paragraph 6(5), for paragraphs (a) and (b) substitute—

“(a)where the body corporate’s principal office is in Scotland, the sheriff in whose sheriffdom that office is situated; and”; and

(g)omit paragraph 7.

44B.Appeals relating to financial penaltiesU.K.

(1)A person on whom a financial penalty has been imposed under section 43B may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 43B(10), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.

(2)A body corporate on which a financial penalty has been imposed under section 44 may, before the end of the period of 28 days beginning with the date on which notification of the penalty was served under section 44(9), appeal to the relevant court against the imposition of the penalty, the amount of the penalty or the period within which the penalty is to be paid.

(3)Where—

(a)any notification required to be served on a person by section 43B(10) or 44(9) is given by sending it to that person by post, and

(b)the registrar is satisfied, on the application of that person, that that person did not receive the notification within the period of 14 days beginning with the day on which the Professional Conduct Committee gave the determination to which the notification relates,

the registrar may, if he thinks fit, by authorisation in writing extend the period of time within which an appeal under this section may be brought.

(4)In subsections (1) and (2) “the relevant court”—

(a)where the principal office of the body corporate is in Scotland, means the Court of Session;

(b)where the principal office of the body corporate is in Northern Ireland, means the High Court in Northern Ireland; and

(c)where the principal office of the body corporate is in any other place, means the High Court in England and Wales.

(5)In subsection (4)—

(a)where a financial penalty has been imposed on a body corporate, “the body corporate” means that body; and

(b)where a financial penalty has been imposed on a director or former director of a body corporate, “the body corporate” means the body whose failure to comply with a relevant requirement (within the meaning of section 43B) led to the imposition of the financial penalty.

(6)Subsections (3) and (4) of section 29 apply to appeals under this section as they apply to appeals under that section with the following modifications—

(a)in subsection (3)(c) and (d), omit references to the Professional Performance Committee and the Health Committee; and

(b)in subsection (3)(d), for “section 24, 27B, 27C or 28” substitute “section 43B or 44”.]