(1)There shall continue to be a register known as the dentists register.
(2)The register shall be kept by a registrar who 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 sufficient.
(3)Any appointment to the office of registrar shall be made by the Council, and any person appointed shall hold office for such period and shall receive such salary as may be fixed by the Council.
(4)The Council may appoint a person to act as assistant registrar who shall be paid such salary or remuneration as the Council may from time to time determine.
(5)The register shall be deemed to be in proper custody when in the custody of the registrar, and shall be of such a public nature as to be admissible as evidence of all matters in it on its mere production from that custody.
(6)A certificate purporting to be a certificate under the hand of the registrar stating—
(a)that any person is or is not, or was or was not at any date, duly registered in the register, or
(b)that any particulars are or are not, or were or were not at any date, contained in the register with respect to any person,
shall be prima facie evidence in all courts of law of the facts stated in the certificate.
(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;
(b)any person who is a national of [F1an EEA State] and holds an appropriate European diploma; and
(c)any person who holds a recognised overseas diploma.
(2)In subsection (1) above—
“appropriate European diploma” shall be construed in accordance with Schedule 2 to this Act;
“national”, in relation to [F1an EEA 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;
and in this Act “recognised overseas diploma” means a diploma granted in a country overseas and recognised for the time being by the Council for the purposes of this Act, and does not include an appropriate European diploma.
[F2(2A)Any person who—
(a)is not a national of an EEA State, but
(b)is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 M1 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State,
shall be treated for the purposes of subsection (1)(b) above as if he were such a national.]
(3)A person shall not be entitled to be registered in the dentists register under paragraph (a) or (b) of subsection (1) above unless he satisfies the registrar as to the following matters, namely—
(a)his identity;
(b)that he is of good character; and
(c)that he is in good health, both physically and mentally.
(4)A person shall not be entitled to be registered in the dentists register under paragraph (c) of that subsection unless he satisfies the registrar as to the following matters, namely—
(a)his identity;
(b)that he is of good character;
(c)that he has satisfied the Council that he has the requisite knowledge and skill;
(d)that [F3he—
(i)is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)); or
(ii)] has the necessary knowledge of English; and
(e)that he is in good health, both physically and mentally.
[F4(4A)In relation to a person who is a national of an EEC State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good character for the purposes of subsection (3)(b)—
(a)a certificate issued by a competent authority in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, attesting that the requirements of that State in relation to good character for taking up the profession of dentistry have been met; or
(b)(where the State does not require proof of good character for taking up of the profession of dentistry) an extract from the judicial record or an equivalent document issued by a competent authority in the State showing that he is of good character.
(4B)In relation to a person who is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good health for the purposes of subsection (3)(c)—
(a)the document required in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, as proof of good health; or
(b)(where the State does not require proof of good health for the taking up of the profession of dentistry) a certificate issued by a competent authority in the State corresponding to the certificates of good health issued by the Council.
(4C)the registrar shall not accept any certificate referred to in subsection (4A) or (4B) if it is presented more than three months after the date on which it was issued.]
(5)An applicant for registration under subsection (1)(c)above has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of dentistry in the United Kingdom.
(6)The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.
[F5(7)In this Act—
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M2 as adjusted by the Protocol signed at Brussels on 17th March 1993 M3;
“EEA State” means a State which is a contracting party to the EEA Agreement.]
Textual Amendments
F1Words in s. 15(1)(b)(2) substituted (1.7.1996) by S.I. 1996/1496, reg. 2(1)
F2S. 15(2A) inserted (1.7.1996) by S.I. 1996/1496, reg. 2(2)
F3Word in s. 20(4)(d) substituted and (i)(ii) inserted (14.4.1998) by 1998/811, reg. 20(1)
F4S. 15(4A)-(4C) inserted (14.4.1998) by S.I. 1998/811, reg. 19
F5S. 15(7) inserted (1.7.1996) by S.I. 1996/1496, reg. 2(3)
Marginal Citations
M1O.J. No. L257, 19.10.68 p.1. (amended by Council Regulation (EEC) No. 312/76 O.J. No. L39, 14.2.76, p.2).
M2Cm 2073 and O.J. No. L1, 3.1.94, p.3.
M3Cm 2183 and O.J. No. L1, 3.1.94, p.572.
(1)Except in a case falling within subsection (2) below the Council shall for the purpose of satisfying themselves that a person has the requisite knowledge and skill as mentioned in section 15(4)(c) above, and in addition to such other requirements as they may impose on him, require him to sit for examinations held by a dental authority, or a group of dental authorities, under arrangements made by the Council.
(2)If the diploma held by the person in question is of a kind recognised for the time being by the Council as furnishing such guarantees of that person’s possessing the requisite knowledge and skill as warrant dispensing with further inquiry, he shall be taken to have satisfied the Council that he has the requisite knowledge and skill.
[F6(2A)In deciding for the purposes of section 15(4)(c) whether a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill, the Council—
(a)shall take into account any dental qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a dentist in that State;
(b)shall take into account any professional dental experience or knowledge that he has acquired in another EEA State; and
(c)may treat a qualification which is not of a kind recognised for the time being by the Council as furnishing sufficient guarantees that he has the requisite knowledge and skill as if it were such a qualification.]
(3)For the purpose of satisfying themselves that it is appropriate to recognise under subsection (2) above any diploma granted by an overseas institution, the Council may appoint persons to visit that institution and to attend the examinations to be taken in order to obtain the diploma; and the persons so appointed shall report to the Council as to the sufficiency of the instruction given in the institution and as to the adequacy of the examinations concerned for testing the knowledge and skill of those taking them.
(4)The Council may—
(a)make regulations as to the examinations to be held for the purposes of this section and may include in the regulations provisions for withdrawing the right to sit for any such examinations from a person who has not first paid the fee prescribed by the regulations for sitting for the examinations or from a person who has previously failed to pass such examinations on such number of occasions as may be prescribed by the regulations; and
(b)appoint persons to attend any such examinations who shall report to the Council as to the adequacy of the examinations for testing the knowledge and skill of those taking them.
(5)The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under subsection (3) or (4)(b) above.
(6)The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.
(7)Regulations under subsection (4)(a) above shall not come into force until approved by order of the Privy Council.
Textual Amendments
F6S. 16(2A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(2)
(1)Where the Council, with a view to permitting any person holding a recognised 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;
[F7(d)that he—
(i)is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)); or
(ii)has the necessary knowledge of English; and]
(e)that he is in good health, both physically and mentally.
(3)An applicant for registration under this section has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of dentistry in the United Kingdom.
[F8(3A)In deciding for the purposes of subsection (2)(c) whether 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)) has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account any professional dental experience or knowledge that he has acquired in another EEA State, and any acceptance by such a State of his right to practise as a dentist in that State.]
(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.
(5)The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.
Textual Amendments
F7S. 17(2)(d) substituted (14.4.1998) by S.I. 1998/811, reg. 20(3)(a)
F8S. 17(3A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(3)(b)