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9.—(1) A person is an eligible specialist for the purposes of regulation 8(2) if he holds a recognised specialist dental qualification (as specified in regulation 10) and—
(a)is a national of an EEA State; or
(b)is not a national of an EEA State, but 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.
(2) A person is also an eligible specialist for the purposes of regulation 8(2) if he does not fall within paragraph (1), but—
(a)he has specialist dental qualifications awarded outside the United Kingdom in orthodontics or (as the case may be) oral surgery, and satisfies the GDC that those qualifications are equivalent to a CCST in the specialty in question; or
(b)he has knowledge of, and experience in, orthodontics or (as the case may be) oral surgery derived from academic or research work, and satisifies the GDC that that knowledge and experience is equivalent to the knowledge and experience which he might reasonably be expected to have acquired if he had undertaken the training required for the award of a CCST.
(3) In the case of a person falling within paragraph (2) who is as described in sub-paragraph (a) or (b) of paragraph (1) and—
(a)has specialist qualifications in orthodontics or (as the case may be) oral surgery awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State; or
(b)has acquired specialist dental experience and knowledge in an EEA State,
the GDC shall, when considering whether it is satisfied as mentioned in paragraph (2)(a) or (b), take account of that acceptance and of that dental experience and knowledge.
(4) A person is also an eligible specialist in oral surgery for the purposes of regulation 8(2) if he is an oral and maxillo-facial surgeon and his name is entered in the specialist register kept by the General Medical Council M2 in respect of that specialty M3 and—
(a)if his specialist qualification in oral and maxillo-facial surgery was awarded in an EEA State other than the United Kingdom, he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together satisfy the requirements of the Dental Training Directive for training in oral surgery; and
(b)in any other case, he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together are equivalent to the training required for the award of a CCST in oral surgery.
Marginal Citations
M1OJ No. L 257, 19.10.1968, p. 1 (amended by Council Regulation (EEC) No. 312/76 OJ No. L 39, 14.2.1976, p.2.).
M2 See the Medical Act 1983 (c. 54), section 1.
M3 See S.I. 1995/3208, which makes provision for the specialist medical register.
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