Dentists Act 1984

[F133Supplementary provisions relating to fitness to practise casesU.K.

(1)While a person’s registration in the register is suspended by virtue of a direction or order under this Part—

(a)he shall be treated, except as provided in subsection (2), as not being registered in the register notwithstanding that his name still appears in it; but

(b)sections 27, 27A, 27B and 27C shall continue to apply to him.

(2)While a person’s registration in the register is suspended by virtue of a direction or order under this Part, he shall be treated for the purposes of compliance with rules made under section 34A as if his registration were not suspended.

(3)Where any such direction as is mentioned in section 27C(1)(b), (c) or (d), (2)(b) or (d), (3) or (5)(c) is given while a person’s registration is subject to conditions or suspended by virtue of a direction under this Part, his registration shall continue to be conditional or suspended throughout any period which may intervene between the time when (but for this subsection) his registration would cease to be conditional or suspended, as the case may be, and the time when—

(a)the direction takes effect in accordance with section 29A;

(b)an appeal under section 29 against the decision giving the direction is determined under section 29(3)(b) or (c); or

(c)following a decision on appeal to remit the case to a Practice Committee, the Practice Committee dispose of the case.

(4)If, on the determination of an appeal under section 29, a direction extending the current period of suspension or conditional registration for a further period takes effect after the time when (but for subsection (3)) the current period of suspension or conditional registration would have ended, that further period shall be treated as having started to run at that time.

(5)Subsection (3) is subject to any order made under section 30(1) or (2).

[F2(5A)In exercising a function under section 27B, 27C or 28, a Practice Committee (or any panel by which the function is exercisable as mentioned in section 2(6A)) must have regard to the over-arching objective.]

(6)Schedule 3 to this Act (proceedings before the Investigating Committee, the Interim Orders Committee and Practice Committees: dentists) shall have effect.]

Textual Amendments

F1S. 33 and cross-heading substituted for s. 33 (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. 24 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)