SCHEDULES
SCHEDULE 1 The Council and Committees of the Council: Supplementary Provisions
Part I The Council
F1Constitution
F171
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F171A
1
The Council shall consist of—
a
registrant members, that is members who are registered dentists or registered dental care professionals; and
b
lay members, that is members who—
i
are not and never have been registered dentists or registered dental care professionals, and
ii
do not hold qualifications which would entitle them to apply for registration as a registered dentist or registered dental care professional.
2
The members of the Council shall be appointed by the Privy Council.
3
The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.
F234
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F17Matters for the order of the Privy Council under section 1(2A)
1B
1
An order under section 1(2A) shall include provision with regard to—
a
the numbers of registrant members and lay members of the Council;
b
the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;
c
the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;
d
the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;
e
deputising arrangements in respect of the chair;
f
the quorum of the Council; and
g
the circumstances in which members cease to hold office or may be removed or suspended from office.
2
But an order under section 1(2A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.
3
An order under section 1(2A) may include provision with regard to—
a
the maximum period for which a member of the Council may hold office as a member during a specified period;
b
the maximum period for which a member of the Council may serve as chair of the Council during a specified period;
c
the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—
i
that education and training to be the responsibility of another body, and
ii
those requirements to be set and varied by that body from time to time;
d
the attendance of members of the Council at meetings of the Council; and
e
the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member.
4
An order under section 1(2A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.
Lay members
F192
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F132A
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F7Members 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)
F203
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Council President
F214
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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 F24... 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 F14... of any of the Council’s committees may be exercised notwithstanding any vacancy.
4
F87
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—
F16a
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b
F111A
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.
F221B
Rules made under sub-paragraph (1)(c) may make provision for a body (including a committee of the Council which is not one of the committees referred to in section 2) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Council’s committees.
1C
Rules made under sub-paragraph (1)(c) by virtue of sub-paragraph (1B) may authorise a body—
a
to appoint committee members on behalf of the Council; or
b
to perform any function relating to tenure of office or suspension or removal from office.
F122
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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.
F123
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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.
F188A
1
Subject to any provision made by this Act or by rules under this Act, the Council may regulate its procedures and the procedures of its committees and sub-committees, other than the committees referred to in section 2, by standing orders.
2
Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2A).
3
Subject to any provision made by this Act, by rules under this Act or by standing orders made by virtue of sub-paragraph (1), each committee and sub-committee of the Council may regulate its own procedures.
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