The Dentists Act 1984 (Amendment) Order 2005

The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003

15.—(1) The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “Health Committee”, for “section 2(4)” substitute “section 2(1)”;

(b) after the definition of “Health Committee” insert—

““Interim Orders Committee” means the Interim Orders Committee of the General Dental Council constituted under section 2(2) of the Dentists Act;”;

(c) omit the definition of “Preliminary Proceedings Committee”;

(d) in the definition of “Professional Conduct Committee”, for “section 2(2)” substitute “section 2(1)”; and

(e) after the definition of “Professional Conduct Committee” insert—

““Professional Performance Committee” means the Professional Performance Committee of the General Dental Council constituted under section 2(2) of the Dentists Act;”.

(3) In regulation 10 (removal from supplementary list)—

(a) for paragraph (1)(f) substitute—

“(f) is the subject of—

(i) a direction for erasure from the Dentists Register given by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee under section 27B(6)(a) of the Dentists Act;

(ii) a direction or order for suspension of his registration from the Dentists Register given by any of those Committees under any of sections 27B, 27C or 30 of that Act; or

(iii) an order made by the Professional Conduct Committee, the Professional Performance Committee, the Health Committee or the Interim Orders Committee under section 32(4)(a) of that Act (interim suspension order); or”; and

(b) for paragraph (8) substitute—

“(8) In calculating the period of twelve months referred to in paragraph (7), the Primary Care Trust shall disregard any period during which—

(a) the person’s registration as a dental practitioner was suspended by an interim suspension order under section 32 of the Dentists Act;

(b) his registration as a dental practitioner was suspended by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee under any of sections 27B, 27C or 30 of that Act following a relevant determination that that person’s fitness to practise was impaired; or

(c) he was suspended under these Regulations.

(8A) For the purposes of paragraph (8), a “relevant determination” that a person’s fitness to practise was impaired is a determination which was based solely on—

(a) the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act (deficient professional performance);

(b) the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health); or

(c) both those grounds.”.

(1)

S.I. 2003/250.