The General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules Order of Council 2015 No. 1758

Article 2

SCHEDULE U.K. General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015

These Rules are made by the General Dental Council, in exercise of their powers conferred under sections 26A(4), (5) and (6) and 36L(4), (5) and (6) of the Dentists Act 1984 M1 .

Marginal Citations

M1 1984 c. 24.

Citation, commencement and interpretation U.K.

1.—(1) These Rules may be cited as the General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015, and shall come into force on 23rdNovember 2015.

(2) In these Rules—

“the Act” means the Dentists Act 1984 and any reference to a numbered section is to a section of that Act;

“dental care professional” means a registered dental care professional F1 ...

“dentist” means a registered dentist F1 ...

“register”—

(a)

in respect of a dentist, means the dentists register established under subsection (1) of section 14 F2 ...

(b)

in respect of a dental care professional, means the dental care professionals register established under subsection (1) of section 36B M2 F2 ...

and in both cases “registered” shall be construed accordingly.

Textual Amendments

F1 Words in Sch. rule 1(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 33(a) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. rule 1(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 33(b) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2 Inserted by S.I. 2005/2011, arts 2(1) and 29.

Additional information on indemnity arrangements required on registration U.K.

2.—(1) Where a person who intends to practise as a dentist or dental care professional makes an application for registration under section 18 M3 (procedure for registration), or in accordance with rules made under section 36E M4 (rules relating to the dental care professionals register), the registrar may request further information from that person, where the registrar—

(a) is of the opinion that the evidence or documentation produced by that person in accordance with section 18(2)(ba) M5 is incomplete in any material respect;

(b) is of the opinion that the evidence or documentation produced by that person in accordance with rules made pursuant to section 36E is incomplete in any material respect;

(c) considers that supplementary information is required in order for the registrar to determine an application for registration under section 18 or in accordance with rules made under section 36E.

(2) For the purposes of paragraph (1), information may include (but is not limited to)—

(a) a copy of the policy of insurance, indemnity arrangement or other means of identifying the terms of that policy or arrangement that will cover that person, together with any number that the policy or arrangement may have and, if applicable, its expiry date;

(b) written confirmation that there will be appropriate cover under an indemnity arrangement provided by an employer in force in relation to that person for the purpose of complying with section 26A or 36L; or

(c) written confirmation that there will be appropriate cover provided under an indemnity arrangement in relation to that person by the time they begin to practise for the purpose of complying with section 26A or 36L.

(3) The person mentioned in paragraph (1) shall provide the requested information (including documents or other evidence) within the period of 28 days beginning with the date of the request.

Marginal Citations

M3 Amended by S.I. 1996/1496; S.I. 2005/2011 and S.I. 2007/3101.

M4 Inserted by S.I. 2005/2011. Rules made under this section are not subject to Privy Council approval: see section 50C(2) of the Act. A copy of the rules may be obtained by writing to: General Dental Council, 37 Wimpole Street, London, W1G 8DQ.

M5 Inserted by S.I. 2014/1887, art 3.

Information on indemnity arrangements required on restoration U.K.

3.—(1) Where a person applies for restoration of their name to the register under section 28 M6 , 36R M7 , 34A(3) M8 or 36Z1(3) M9 , for the purpose of determining whether that person's name is to be restored to the register, that person must provide the registrar with the information referred to in paragraph (2).

(2) The information referred to in paragraph (1) is—

(a) a copy of the policy of insurance, indemnity arrangement or other means of identifying the terms of that policy or arrangement that will cover that person, together with any number that the policy or arrangement may have and, if applicable, its expiry date;

(b) written confirmation that the person has an indemnity arrangement in force that will provide appropriate cover in relation to the person or that there will be appropriate cover provided under an indemnity arrangement in relation to that person by the time that person begins to practise for the purpose of complying with section 26A or 36L; or

(c) written confirmation that there will be appropriate cover under an indemnity arrangement provided by an employer in force in relation to that person for the purpose of complying with section 26A or 36L.

(3) The information referred to in paragraph (2) must be submitted at the time the application for restoration is made or as soon as is reasonably practicable after the application is made.

Marginal Citations

M6 Amended by S.I. 2005/2011.

M7 Amended by S.I. 2005/2011.

M8 Amended by S.I. 2005/2011.

M9 Amended by S.I. 2005/2011.

4.—(1) For the purpose of determining if there is, or will be as necessary, appropriate cover under an indemnity arrangement for the purpose of complying with section 26A or 36L,the registrar may by notice in writing request further evidence, documents or information from a person referred to in rule 3, where the registrar— U.K.

(a) is of the opinion that the information given by that person under rule 3 is incomplete in any material respect; or

(b) considers that supplementary information is required for that purpose.

(2) The person shall provide the evidence, documents or information requested pursuant to paragraph (1) within the period of 28 days beginning with the date of the request.

Information on indemnity arrangements required on retention of registration U.K.

5.  Where a dentist or dental care professional applies for retention of their name in the register, that dentist or dental care professional must before the commencement of the period for which retention of their name in the register is sought, provide the registrar with documents conferring, or evidencing that there is, or will be appropriate cover in force in relation to that dentist or dental care professional under an indemnity arrangement for the purpose of complying with section 26A or 36L.

Cessation of cover under an indemnity arrangement U.K.

6.  A dentist or dental care professional must notify the registrar in writing as soon as is reasonably practicable where appropriate cover under an indemnity arrangement for the purpose of complying with section 26A or 36L ceases or is to cease to be in force in relation to that dentist or dental care professional.

Given under the Official Seal of the General Dental Council 3rd September 2015

Alan MacDonald

Chair

Evlynne Gilvarry

Registrar