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;
(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.