The Health Care and Associated Professions (Knowledge of English) Order 2015

Necessary knowledge of English: applicants for registration in dentists register

13.  After section 15 insert—

“Supplementary provisions as to the necessary knowledge of English

15A.— (1) The Council must publish guidance about—

(a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the registrar under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English; and

(b) the process by which the registrar is to determine whether the registrar is satisfied as mentioned in paragraph (a).

(2) The registrar must have regard to the guidance published under subsection (1) in determining whether the registrar is satisfied as mentioned in subsection (1)(a).

(3) Subsections (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the registrar is not satisfied under section 15(3)(ba) or (4)(d) that the applicant has the necessary knowledge of English.

(4) The registrar may request the applicant to provide further evidence, information or documents within such period as the registrar may specify.

(5) The registrar may not exercise any power under subsection (4) unless the registrar has complied with any duty under section 21A(2B).

(6) The registrar may require the applicant—

(a) to undergo an examination or other assessment; and

(b) to provide information in respect of that examination or assessment,

within such period as the registrar may specify.

(7) In the case of an applicant who is an exempt person, the registrar may not exercise the power under subsection (6) without having first—

(a) exercised the power under subsection (4); and

(b) considered any further evidence, information or documents provided by the applicant.

(8) Guidance published under subsection (1) may make different provision in relation to different cases or classes of case.

(9) The Council must keep guidance published under subsection (1) under review and may vary or withdraw it whenever they consider it appropriate to do so.

(10) If the Council vary any guidance published under subsection (1) they must publish the guidance as varied.

(11) Before publishing any guidance under subsection (1), or varying or withdrawing it, the Council must consult the persons and bodies mentioned in section 26B(5)(a) to (c).

(12) The Council may charge such fee as they consider reasonable for the provision of a copy of the guidance published under subsection (1) to any person.

(13) In this section—

(a) references to an applicant are references to a person applying for registration in the dentists register, and

(b) references to guidance published under subsection (1) include references to guidance published by virtue of subsection (10).”.