National Health Service Reform and Health Care Professions Act 2002

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17

Commentary on Sections

Part 2: Health care professions

Appeals

Section 31: Dentists

169. Section 31 amends the Dentists Act 1984.  Subsection (2) provides for appeals against decisions in ‘fitness to practise’ cases to be directed to the High Court or in Scotland, the Court of Session.  The relevant court is dependent on the address which the appellant has as his registered address with the regulatory body.  If an appellant’s registered address is outside the United Kingdom, the appeal will be to the High Court in England and Wales. This subsection also sets out the appeal court’s order making powers.

170. Subsection (3) amends section 44 of the Dentists Act 1984 to provide for a body corporate to appeal to the High Court (or Court of Session in Scotland) against decisions to withdraw their privilege to practise as a body corporate.  The relevant court is dependent on the registered office address of the body corporate.

171. Subsections (5) to (8) make some consequential changes to the Dentists Act 1984, made necessary by the making of the Dentists Act 1984 (Amendment) Order 2001 (“the 2001 Order”) on 11 December 2001.  The 2001 Order made provisions for new requirements for continuing professional development for dentists. Failure to comply with continuing professional development requirements can lead to the dentist’s name being erased from the register.  The 2001 Order provides for an appeal against erasure to the new Continuing Professional Development Committee and thereafter to the Privy Council.  The 2001 Order amends section 29 of the Dentists Act 1984, which the present Act will itself amend.  These consequential changes are therefore now necessary to take account of the changes brought about by the 2001 Order.  The main effect is to substitute the High Court (and its equivalents throughout the UK) for the Judicial Committee of the Privy Council.  The date of coming into force of the relevant provisions of the 2001 Order has not yet been determined, so subsections (6) to (8) cater for the relevant provisions of the 2001 Order coming into force prior to the coming into force of this section in the Act, or alternatively, for this section in the Act coming into force prior to the relevant provisions in the 2001 Order.