Part IV Restrictions on Practice of Dentistry and on Carrying on Business of Dentistry
Restrictions on carrying on the business of dentistry
41 Restriction on individuals.
F11
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 21st 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 F3authorised 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 F6his surviving spouse or his surviving civil partner or any of his children, or trustees on behalf of F6his 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 F5... 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 F4authorised 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.
F27
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.