SCHEDULES

SCHEDULE 19Minor and consequential amendments

PART 1Amendments of primary legislation

Dentists Act 1984 (c. 24)

27

The Dentists Act 1984 is amended as follows.

28

1

Section 33B (the General Dental Council's power to require disclosure of information: the dental profession) is amended as follows.

2

In subsection (3), after “enactment” insert “ or relevant provision of the GDPR ”.

3

For subsection (4) substitute—

4

For the purposes of subsection (3)—

  • “relevant enactment” means any enactment other than—

    1. a

      this Act, or

    2. b

      the listed provisions in paragraph 1 of Schedule 11 to the Data Protection Act 2018 (exemptions to Part 4 : disclosures required by law);

  • “relevant provision of the GDPR” means any provision of the GDPR apart from the listed GDPR provisions in paragraph 1 of Schedule 2 to the Data Protection Act 2018 (GDPR provisions to be adapted or restricted: disclosures required by law).

4

After subsection (10) insert—

11

In this section, “the GDPR” and references to Schedule 2 to the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(10), (11) and (14) of that Act).

29

In section 36ZA(6) (Directive 2005/36: designation of competent authority etc), after “Schedule 4ZA—” insert—

“the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), read with Chapter 2 of Part 2 of the Data Protection Act 2018;

30

1

Section 36Y (the General Dental Council's power to require disclosure of information: professions complementary to dentistry) is amended as follows.

2

In subsection (3), after “enactment” insert “ or relevant provision of the GDPR ”.

3

For subsection (4) substitute—

4

For the purposes of subsection (3)—

  • “relevant enactment” means any enactment other than—

    1. a

      this Act, or

    2. b

      the listed provisions in paragraph 1 of Schedule 11 to the Data Protection Act 2018 (exemptions to Part 4 : disclosures required by law);

  • “relevant provision of the GDPR” means any provision of the GDPR apart from the listed GDPR provisions in paragraph 1 of Schedule 2 to the Data Protection Act 2018 (GDPR provisions to be adapted or restricted: disclosures required by law).

4

After subsection (10) insert—

11

In this section, “the GDPR” and references to Schedule 2 to the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(10), (11) and (14) of that Act).

31

In section 53(1) (interpretation), omit the definition of “Directive 95/46/EC”.

32

1

The table in Schedule 4ZA (Directive 2005/36: functions of the General Dental Council under section 36ZA(3)) is amended as follows.

2

In the entry for Article 56(2), in the second column, for “Directive 95/46/EC” substitute “ the GDPR ”.

3

In the entry for Article 56a(4), in the second column, for “Directive 95/46/EC” substitute “ the GDPR ”.