The Dentists Act 1984 (Amendment) Order 2005

The Health and Personal Social Services (Northern Ireland) Order 1972

6.—(1) The Health and Personal Social Services (Northern Ireland) Order 1972(1) is amended as follows.

(2) In article 61 (arrangements for general dental services), for paragraph (2B)(2) substitute—

“(2B) Paragraph (2BB) applies where the registration of a dental practitioner in the dentists register is suspended—

(a) by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or

(b) by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner’s fitness to practise is impaired.

(2BA) For the purposes of paragraph (2B), a “relevant determination” that a practitioner’s fitness to practise is impaired is a determination which is based solely on—

(a) the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);

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

(c) both those grounds.

(2BB) Where this paragraph applies, the suspension shall not terminate any arrangements made with the dental practitioner for the provision of general dental services, but he shall not provide such services in person during the suspension.”.

(3) In Schedule 1 (Health and Social Services Boards), for sub-paragraph (2C) of paragraph 12(3) (officers) substitute—

“(2C) Sub-paragraph (2E) applies where the registration of a dental practitioner in the dentists register is suspended—

(a) by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or

(b) by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner’s fitness to practise is impaired.

(2D) For the purposes of sub-paragraph (2C), a “relevant determination” that a practitioner’s fitness to practise is impaired is a determination which is based solely on—

(a) the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);

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

(c) both those grounds.

(2E) Where this sub-paragraph applies, the suspension shall not terminate any contract of employment made between the dental practitioner and a Health and Social Services Board, but a person whose registration is so suspended shall not perform any duties under a contract made between him and a Health and Social Services Board which involves the practice of dentistry within the meaning of the Dentists Act 1984.”.

(1)

S.I. 1972/1265 (N.I. 14).

(2)

Paragraph (2B) was inserted by S.I. 1986/2229 (N.I.24).

(3)

Sub-paragraph (2C) of paragraph 12 was inserted by S.I. 1986/2229 (N.I. 24).