Dentists Act 1984

Registration U.K.

[F1 14 The dentists register and the registrar U.K.

(1) There shall continue to be a register known as the dentists register (referred to in this Act as “the register”).

[F2 (1A) The register shall consist of three lists, namely—

(a) the principal list, which shall contain particulars of persons who under section 15 are entitled to be registered in the register;

(b) the list of temporary registrants, which shall contain particulars of persons who under section 17 are directed to be registered in the register; and

(c) the list of visiting dentists from relevant European States, which shall contain particulars of persons who under Schedule 4 are entitled to be registered in the register.]

(2) The register shall be kept by a registrar appointed by the Council.

(3) Any person appointed to the office of registrar shall hold the office for such period and shall receive such salary as may be fixed by the Council.

(4) The registrar shall perform such duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears to him sufficient.

(5) The registrar may delegate, either generally or specifically, any of his functions to any of the Council’s officers.

(6) A certificate purporting to be signed by the registrar, certifying that a person—

(a) is registered in the register,

(b) is not registered in the register,

(c) was registered in the register at a specified date or during a specified period,

(d) was not registered in the register at a specified date or during a specified period, or

(e) has never been registered in the register,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.]

Textual Amendments

F1 S. 14 inserted (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 6 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F2 S. 14(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 111

15 Qualification for registration in the dentists register. U.K.

(1) Subject to the provisions of this Act the following persons shall be entitled to be registered in the dentists register in accordance with this Act, namely—

(a) any person who is a graduate or licentiate in dentistry of a dental authority;

[F3 (b) any exempt person who holds an appropriate European diploma;

(ba) any exempt person—

(i) whose case falls within regulation [F4 3(8)(a) or (e)] of the General Systems Regulations,

(ii) to whom regulations [F5 27 to 34] of those Regulations apply by reason of the operation of regulation [F6 3(5)] of those Regulations, and

(iii) who is permitted to pursue the profession of dentistry in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); and]

(c) any person who holds a recognised overseas diploma.

(2) In subsection (1) above—

• “appropriate European diploma” shall be construed in accordance with Schedule 2 to this Act;

• F7 ...

and in this Act “recognised overseas diploma” means a diploma granted in a country overseas and recognised for the time being by the Council for the purposes of this Act, and does not include an appropriate European diploma.

F8 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person shall not be entitled to be registered in the dentists register under [F9 paragraph (a), (b) or (ba) of subsection (1)] above unless he satisfies the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character; and

[F10 (ba) that he has the necessary knowledge of English;]

(c) that he is in good health, both physically and mentally.

(4) A person shall not be entitled to be registered in the dentists register under paragraph (c) of that subsection unless he satisfies the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character;

(c) that he has satisfied the Council that he has the requisite knowledge and skill;

[F11 (d) that he has the necessary knowledge of English; and]

(e) that he is in good health, both physically and mentally.

[F12 [F13 (4A) Subsections (4B) to (4BC) apply in relation to an exempt person (“A”) who applies for registration under paragraph (b) or (ba) of subsection (1).

(4B) For the purposes of subsection (3)(b), the registrar shall accept as sufficient evidence of A’s good character a certificate which—

(a) attests to A’s good character or good repute; and

(b) is issued by a competent authority in A’s attesting State.

(4BA) If no such certificate is issued by a competent authority in A’s attesting State, for the purposes of subsection (3)(b) the registrar shall accept as sufficient evidence of A’s good character a certificate—

(a) attesting to the authenticity of a declaration on oath made by A—

(i) before a competent judicial or administrative authority, notary or qualified professional body of A’s attesting State, and

(ii) attesting to A’s good character; and

(b) issued by the authority, notary or body referred to in paragraph (a)(i).

In this subsection, “declaration on oath” includes a solemn declaration.

(4BB) For the purposes of subsection (3)(c), the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a) attests to A’s good physical and mental health; and

(b) is required of a person who wishes to practise dentistry in A’s attesting State.

(4BC) If no such certificate is required of persons who wish to practise dentistry in A’s attesting State, for the purposes of subsection (3)(c) the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a) attests to A’s good physical and mental health; and

(b) is issued by a competent authority in A’s attesting State.

(4BD) In subsections (4B) to (4BC) the “attesting State”, in relation to A, is—

(a) the relevant European State in which A obtained his dental qualification; or

(b) (if different) the relevant European State from which A comes to the United Kingdom.]

(4C) the registrar shall not accept any certificate referred to in [F14 subsection (4B), (4BA), (4BB) or (4BC)] if it is presented more than three months after the date on which it was issued.]

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.

F16 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 15(1)(b)(ba) substituted for s. 15(1)(b) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(a)

F4 Words in s. 15(1)(ba)(i) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 47(2) (with reg. 155)

F5 Words in s. 15(1)(ba)(ii) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 47(3)(a) (with reg. 155)

F6 Word in s. 15(1)(ba)(ii) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 47(3)(b) (with reg. 155)

F7 Words in s. 15(2) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(b)

F8 S. 15(2A) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(c)

F9 Words in s. 15(3) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(d)

F10 S. 15(3)(ba) inserted (1.4.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 12(2); S.I. 2015/1451, art. 5

F11 S. 15(4)(d) substituted (1.4.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 12(3); S.I. 2015/1451, art. 5

F12 S. 15(4A)-(4C) inserted (14.4.1998) by S.I. 1998/811, reg. 19

F13 S. 15(4A)-(4BD) substituted for s. 15(4A)(4B) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(f)

F14 Words in s. 15(4C) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(g)

F15 S. 15(5) omitted (1.4.2016) by virtue of The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 12(4); S.I. 2015/1451, art. 5

F16 S. 15(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 112(h)

[F17 15A. Supplementary provisions as to the necessary knowledge of English U.K.

(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).]

Textual Amendments

F17 S. 15A inserted (1.4.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 13; S.I. 2015/1451, art. 5

16 Supplementary provisions as to registration of holders of overseas diplomas. U.K.

(1) Except in a case falling within subsection (2) below the Council shall for the purpose of satisfying themselves that a person has the requisite knowledge and skill as mentioned in section 15(4)(c) above, and in addition to such other requirements as they may impose on him, require him to sit for examinations held by a dental authority, or a group of dental authorities, under arrangements made by the Council.

(2) If the diploma held by the person in question is of a kind recognised for the time being by the Council as furnishing such guarantees of that person’s possessing the requisite knowledge and skill as warrant dispensing with further inquiry, he shall be taken to have satisfied the Council that he has the requisite knowledge and skill.

[F18 (2A) In deciding for the purposes of section 15(4)(c) whether [F19 an exempt person] has the requisite knowledge and skill, the Council—

[F20 (a) shall take into account all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision;

(b) [F21 if the person holds a dental qualification which—

(i) was granted otherwise than in a relevant European State, but

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a dentist in that State,

shall take that acceptance into account; and]

(c) may treat a qualification which is not of a kind recognised for the time being by the Council as furnishing sufficient guarantees that he has the requisite knowledge and skill as if it were such a qualification.]

[F22 (2B) In the case of an exempt person who holds a dental qualification which—

(a) was granted otherwise than in a relevant European State, and

(b) has not previously been accepted by a relevant European State as qualifying him to practise as a dentist in that State,

the Council shall not determine that they are satisfied that that person has the requisite knowledge and skill as mentioned in section 15(4)(c) above unless the dental qualification is evidence of dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training).]

(3) For the purpose of satisfying themselves that it is appropriate to recognise under subsection (2) above any diploma granted by an overseas institution, the Council may appoint persons to visit that institution and to attend the examinations to be taken in order to obtain the diploma; and the persons so appointed shall report to the Council as to the sufficiency of the instruction given in the institution and as to the adequacy of the examinations concerned for testing the knowledge and skill of those taking them.

(4) The Council may—

(a) make regulations as to the examinations to be held for the purposes of this section and may include in the regulations provisions for withdrawing the right to sit for any such examinations from a person who has not first paid the fee prescribed by the regulations for sitting for the examinations or from a person who has previously failed to pass such examinations on such number of occasions as may be prescribed by the regulations; and

(b) appoint persons to attend any such examinations who shall report to the Council as to the adequacy of the examinations for testing the knowledge and skill of those taking them.

(5) The Council shall have power to remunerate persons who are not members of the Council for acting as visitors under subsection (3) or (4)(b) above.

(6) The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.

(7) Regulations under subsection (4)(a) above shall not come into force until approved by order of the Privy Council.]

Textual Amendments

F18 S. 16(2A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(2)

F19 Words in s. 16(2A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 113(a)(i)

F20 S. 16(2A)(a)(b) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 6(3)

F21 S. 16(2A)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 113(a)(ii)

F22 S. 16(2B) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 113(b)

17 Temporary registration. U.K.

(1) Where the Council, with a view to permitting any person holding a recognised overseas diploma temporarily to practise dentistry in a particular post in a hospital or other institution, give a direction that he be registered as respects practice in that post in that hospital or institution for such period as may be specified in the direction, that person shall be entitled to be registered in the dentists register in accordance with this Act subject to the entry against his name of the restrictions specified in the direction.

(2) No direction shall be given under this section unless the persons concerned has satisfied the registrar as to the following matters, namely—

(a) his identity;

(b) that he is of good character;

(c) that he has the requisite knowledge and skill for the efficient practice of dentistry in the post in question;

[F23 (d) that he has the necessary knowledge of English; and]

(e) that he is in good health, both physically and mentally.

F24 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25 (3A) In deciding for the purposes of subsection (2)(c) whether [F26 an exempt person] has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account [F27 all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision], and any acceptance by [F28 a relevant European State other than the United Kingdom] of his right to practise as a dentist in that State.]

[F29 (3B) Section 15A (except subsection (5)) applies in relation to a person applying for registration under this section as if references to section 15(3)(ba) or (4)(d) were references to subsection (2)(d) of this section.]

(4) Registration under this section shall not make it lawful for a person to practise dentistry otherwise than subject to the restrictions specified in the relevant direction nor constitute him a registered dentist for the purposes of Schedule 1 to this Act.

(5) The Council may direct that for the purposes of this section a particular person who has passed the examinations required to obtain a recognised overseas diploma shall be treated as a person holding a recognised overseas diploma.

Textual Amendments

F23 S. 17(2)(d) substituted (1.4.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 14(2); S.I. 2015/1451, art. 5

F24 S. 17(3) omitted (1.4.2016) by virtue of The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 14(3); S.I. 2015/1451, art. 5

F25 S. 17(3A) inserted (14.4.1998) by S.I. 1998/811, reg. 20(3)(b)

F26 Words in s. 17(3A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 114(b)(i)

F27 Words in s. 17(3A) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 6(4)(a)

F28 Words in s. 17(3A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 114(b)(ii)

F29 S. 17(3B) inserted (1.4.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 14(4); S.I. 2015/1451, art. 5