SCHEDULES
SCHEDULE 1 The Council and Committees of the Council: Supplementary Provisions
Part I The Council
F1Constitution
1
1
The Council shall consist of—
a
members who are registered dentists;
F12b
members who are registered dental care professionals; and
c
lay members.
2
An F13order of the Privy Council made under section 1(2A) of this Act shall provide for the numbers of each of the three categories of member mentioned in sub-paragraph (1) above.
3
The number of members falling within sub-paragraph (1)(a) shall exceed the combined number of members falling within sub-paragraphs (1)(b) and (1)(c).
4
A person shall not be disqualified from being appointed or elected as a member of the Council merely because he has already been a member.
5
Lay members
2
1
An F15order of the Privy Council made under section 1(2A) of this Act shall make provision for—
a
the appointment of lay members to the Council,
b
the tenure and termination of office of the lay members, and
c
any other matter which appears to F16the Privy Council to be necessary or expedient in relation to the lay membership of the Council.
F92
The lay members shall be appointed by the Privy Council.
3
The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.
4
A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.
F72A
1
This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.
2
The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 2 in relation to—
a
the appointment of persons to be lay members of the Council;
b
the termination of such an appointment.
F10Members who are registered dentists or registered dental care professionals
Sch. 1 para. 3 heading substituted (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. 47(4) (with Sch. 7) (with transitional provisions in S.I. 2006/1671)
3
1
An F17order of the Privy Council made under section 1(2A) of this Act shall, in relation to the members mentioned in paragraphs 1(1)(a) and (b) above, make provision for—
a
their tenure and termination of office,
b
by-elections, and
F18c
any other matter which appears to the Privy Council to be necessary or expedient in relation to the categories of members of the Council mentioned in paragraph 1(1)(a) and (b).
F191A
An order under section 1(2A) shall in particular provide that a member who at the time of his election was a registered dentist or registered dental care professional is to be removed from office if he ceases to be registered in the register or (as the case may be) the dental care professionals register.
2
Council shall make rules to provide for an election scheme for the election of the members mentioned in paragraph 1(1)(a) and 1(1)(b) above.
F203
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4
The election scheme must secure that the Council’s membership includes at least one registered dentist from each of England, Scotland, Wales and Northern Ireland.
5
A registered dentist is “from” England (etc.) if his address in the register is there at the time of his nomination.
F216
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Council President
4
1
The members of the Council shall elect one of their number to be President of the Council.
2
The Council shall make rules providing for the method by which the President is to be elected and for any matters concerning the holding of the office of President that they deem necessary.
3
Such rules may provide that the only persons eligible to be candidates shall be persons of a description specified in the rules.
4
No person may be elected as President more than once.
F225
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F65
A person shall not be disqualified for being elected or nominated as a member of the Council or for being elected as President of the Council by reason of having already served as a member or, as the case may be, as President.
General powers of Council
6
1
Subject to the following provisions of this Part of this Schedule, the Council shall have power to do any thing which in their opinion is calculated to facilitate the proper discharge of their functions.
2
The Council shall, in particular, have power to pay to their members F27... such fees and such travelling, subsistence or other allowances as they may determine.
F22A
The Council shall also have power to pay the members of any of their committees such allowances and expenses as the Council may determine.
3
The powers of the Council and of any of the Council’s committees may be exercised notwithstanding any vacancy.
4
No proceedings of the Council or of any of the Council’s committees shall be invalidated by any defect in the appointment of a member F28....
F117
1
Subject to section 43B(13) and section 44(12), the Council may, after paying their expenses, allocate any of their income to—
a
purposes connected with education or research in relation to—
i
the dental profession, or
ii
professions complementary to dentistry; or
b
any other public purpose connected with either or both of those professions.
2
In sub-paragraph (1), “expenses” includes the payments authorised under this Schedule to be made to members of the Council and their committees and the salaries and remuneration of the Council’s officers.
8
1
The Council may make rules—
a
for regulating the proceedings (including quorum) of the Council,
b
F251A
The power conferred by sub-paragraph (1)(c) does not include power to make any rules regulating the proceedings of the committees referred to in section 2 of this Act, in so far as the power to make such rules is specifically conferred by Schedule 3 or 4B to this Act.
F262
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F42A
Some or all of the members of committees of the Council may be persons who are not members of the Council.
F263
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4
Nothing in this paragraph shall authorise the Council to delegate any power of making rules or regulations under any other provision of this Act.
F5Part II
Sch. 1 Pt. II (paras. 9-12) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of S.I. 2001/3926, art. 7(5)
The Education Committee
9
1
The Education Committee shall consist of—
a
the President,
b
at least eight other members of the Council (who shall all be registered dentists), and
c
those persons who are only members of the Council for the limited purposes set out in paragraph 1(3) above.
2
The Committee shall appoint a registered dentist to be chairman from among the members of the Committee.
The Preliminary Proceedings Committee
10
The Preliminary Proceedings Committee shall consist of the President and five other members of the Council of whom one shall be a person who is not a registered dentist, but the President may appoint for the consideration of any particular case one or two members of the Council to be additional members of the Committee, notwithstanding that the membership of the Committee is thereby raised to seven or eight.
The Professional Conduct Committee
11
1
The Professional Conduct Committee shall consist of the President and ten other members of the Council of whom at least—
a
five shall be elected members of the Council, and
b
two shall be neither elected members nor registered dentists.
2
A member of the Preliminary Proceedings Committee (other than the President of the Council) shall not at the same time be a member of the Professional Conduct Committee.
3
At any meeting of the Professional Conduct Committee the President of the Council, or in his absence such member of the Committee as the Committee may choose, shall be chairman.
4
All acts of the Professional Conduct Committee shall be decided by a majority of the members present at any meeting.
5
The quorum for a meeting of the Professional Conduct Committee shall be seven, of whom at least—
a
two shall be elected members of the Council, and
b
one shall be neither an elected member nor a registered dentist.
The Dental Auxiliaries Committee
12
1
The Dental Auxiliaries Committee shall consist of—
a
the President;
b
at least eight (but not more than ten) other members of the Council, being either elected or nominated members or persons within paragraph 1(2)(b) above; and
c
nine persons not within paragraph (a) or (b) of this sub-paragraph.
2
At least two of the members referred to in sub-paragraph (1)(b) above shall not be registered dentists.
3
Three of the nine members referred to in sub-paragraph (1)(c) above shall be appointed by the Secretaries of State respectively concerned with health in England and Wales and Scotland and the head of the Department of Health and Social Services for Northern Ireland acting jointly, and two of the three so appointed shall be registered dentists who are or have been employed in the course of the provision of national health services.
4
The three members so appointed and their successors shall retire together at the end of successive three-year periods, and an appointment made in the course of one of those periods to fill a casual vacancy shall be for the remainder of that period.
5
The other six of the nine members referred to in sub-paragraph (1)(c) above shall be elected by members of all the classes of dental auxiliaries established by regulations under this Act in such manner and at such intervals as may be provided by rules made by the Council.
6
The Council shall pay to members of the Committee who are not members of the council allowances and fees at the same rates as in the case of those who are members of the Council.
7
The chairman of the Committee shall be chosen by the Committee from among the members of the Committee who are registered dentists.
8
The Committee may appoint a sub-committee, which shall consist of not more than nine members, to deal with disciplinary questions connected with members of a class of dental auxiliaries.
9
The member of the Council referred to in paragraph 1(2)(d) above shall be elected by the Committee from among its members who have been elected under sub-paragraph (5) above; and a person so elected shall cease to be a member of the Council if he ceases to be a member of the Committee or when the term of office of elected members of the Council next expires in accordance with paragraph 2(1) above, whichever first occurs.
Sch. 1 Pt. I paras. 1-4 and cross-headings substituted (coming into force in accordance with art. 1(2) of the amending S.I.) for Sch. 1 Pt. I paras. 1-5 and cross-headings by S.I. 2001/3926, art. 4