PART 6Further amendments
Amendment of section 5144
In section 51 (exercise of powers conferred on Privy Council)—
a
the existing provision shall be numbered as subsection (1); and
b
after subsection (1) insert—
2
Any power of the Privy Council to make an order under this Act shall be exercisable by statutory instrument, except—
a
the power to make an order under section 11 (remedy where qualifying courses of study or examinations are inadequate); and
b
the power to make an order under section 12 (candidates not to be required to adopt or reject particular theories of dentistry).
3
A statutory instrument which contains an order made by the Privy Council—
a
under section 1(2A) (constitution of the Council),
b
approving rules under section 41(1) (restriction on individuals carrying on the business of dentistry),
c
approving rules under Schedule 3 (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists),
d
approving rules under Schedule 4B (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dental care professionals), or
e
approving rules under Schedule 4C (advisers),
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
Where a statutory instrument is made which contains an order made by the Privy Council approving regulations under section 36A(2) (professions complementary to dentistry)—
a
in the case of regulations to which subsection (5) applies, that instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
b
in any other case, that instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament or of the Scottish Parliament.
5
This subsection applies to regulations which specify a profession complementary to dentistry, or a class of members of such a profession, which, immediately before the revocation of the Dental Auxiliaries Regulations 1986 (S.I.1986/887), constituted a class of dental auxiliaries regulated by those Regulations.
6
Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
7
Any document purporting to be—
a
an instrument made by the Privy Council under this Act, and
b
signed by the Clerk of the Privy Council,
shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.