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Statutory Instruments

1998 No. 811

DENTISTS

The European Primary and Specialist Dental Qualifications Regulations 1998

Made

17th March 1998

Laid before Parliament

24th March 1998

Coming into force

14th April 1998

The Secretary of State, being designatedM1 for the purposes of, and in exercise of the powers conferred by, section 2(2) of the European Communities Act 1972M2 and in exercise of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Marginal Citations

M1 See S.I. 1995/3207, which designated the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the access to, the training for, the pursuit of and the award of qualifications in (amongst other professions) dentistry.

M21972 c. 68. By virtue of the amendment of section 1(2) of the 1972 Act by section 1 of the European Economic Area Act 1993 (c. 51), regulations may be made under section 2(2) to implement obligations of the United Kingdom created or arising by or under the EEA Agreement. The 1972 Act is to be read with the 1993 Act.

PART IU.K. GENERAL

Citation and commencementU.K.

1.—(1) These Regulations may be cited as the European Primary and Specialist Dental Qualifications Regulations 1998.

(2) These Regulations shall come into force on 14th April 1998.

InterpretationU.K.

2.—(1) In these Regulations—

  • “the Act” means the Dentists Act 1984 M3;

  • “appropriate European diploma” shall be construed in accordance with Part I of Schedule 2 to the Act M4;

  • “CCST” means Certificate of Completion of Specialist Training in orthodontics or, as the case may be, oral surgery M5;

  • [F1“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

    (a)

    receive or issue evidence of qualifications or other information or documents, or

    (b)

    receive applications and take the decisions referred to in the Directive,

    in connection with practice as a specialist dentist in orthodontics or oral surgery;]

  • “dental authority” shall be construed in accordance with section 3(4) of the Act;

  • [F2“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in these Regulations to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;]

  • F3...

  • F4...

  • F5...

  • F6...

  • F7...

  • F4...

  • “GDC” means General Dental Council M6;

  • F4...

  • F4...

  • F4...

  • F4...

  • “primary qualification” means a qualification held by the persons referred to in section 15(1) of the Act M7;

  • F8...

  • “the register” means the dentists’ register M8;

  • “registered dentist” means a person registered in the register other than with temporary registration, except in regulations 8(1) and (2) and 12(1), where it has the meaning assigned in the Act M9;

  • “registrar” means the registrar of the GDC M10; and

  • “registration number” means the number by which a registered dentist is identified in the register;

  • [F9“relevant European State” means an EEA State or Switzerland.]

(2) In these Regulations, any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977 M11, section 1(1) of the National Health Service (Scotland) Act 1978 M12 or Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 M13.

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M4Part I of Schedule 2 was amended by S.I. 1996/1496, regulation 3.

M5 See article 5(1) and (2) of the Recognition Directive under the heading “in the United Kingdom”.

M7Section 15(1) was amended by SI 1996/1496, regulation 2.

M8Section 14(1) of the Act provides for the continuation of the register of registered dentists.

M9 See section 53(1).

M10Section 14(2) of the Act provides for the register to be kept by a registrar.

Power of directionU.K.

3.—(1) Subject to paragraph (2), the Secretary of State may give directions to the GDC in connection with any of its functions which arise from [F11retained] [F12EU] obligations and which relate to—

(a)primary qualifications awarded in [F13a relevant European State];

(b)specialist qualifications in orthodontics or oral surgery awarded in [F13a relevant European State];

(c)registration under the Act by virtue of any qualifications; or

(d)entry in a specialist list for orthodontists or oral surgeons;

and it shall be the duty of the GDC to comply with any such directions.

(2) Directions given under paragraph (1) may be as to matters of administration only.

Textual Amendments

PART IIU.K. SPECIALIST QUALIFICATIONS

The competent authorityU.K.

The Directive: designation of competent authority etc.U.K.

F144.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

FeesU.K.

5.—(1) Subject to the following paragraphs, the GDC may charge such reasonable fees as it determines to cover the cost of providing services in the course of the performance of any of its functions under or by virtue of Part II of these Regulations.

(2) The GDC may set those fees at levels such that (taken together) the fees also cover the cost of such of its overheads as are reasonably attributable to the performance of all of its functions under or by virtue of Part II of these Regulations; but the fees must not include any element of profit.

(3) The fee charged by the GDC for any particular service must not include more than a reasonable proportion of the total cost of its overheads referred to in paragraph (2).

(4) This regulation does not prevent the GDC, where it has power to do so, from setting any other fee which it has power to charge at a level designed to include costs referred to in this regulation; but any costs recovered that way cannot also be recovered by way of fees under this regulation.

Specialist dental trainingU.K.

Certificates of completion of specialist trainingU.K.

6.—(1) Subject to paragraphs (2), (3) and (4), the GDC shall award a CCST to any person who applies to the GDC for that purpose (and pays any fee determined by the GDC) if the GDC is satisfied that he has satisfactorily completed specialist dental training in orthodontics or (as the case may be) oral surgery approved by the GDC pursuant to regulation 7.

(2) A CCST may be awarded only to a registered dentist.

(3) A period of specialist dental training in a branch of specialised dentistry other than orthodontics counts towards completion of the training required for orthodontics if it is common to both specialties.

(4) A period of specialist dental training in a branch of specialised dentistry other than oral surgery counts towards completion of the training required for oral surgery if it is common to both specialties.

(5) A CCST shall state—

(a)the date on which it was awarded;

(b)the specialty in which it was awarded;

(c)the name of its holder;

(d)his primary dental qualification; and

(e)his registration number.

(6) A CCST shall state where the holder’s primary dental qualification was awarded and, in the case of a registered dentist whose primary qualification in the United Kingdom was awarded following the completion of a degree, licence or other dental diploma overseas, the CCST shall also state this qualification and the place where it was awarded.

F15(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Minimum requirements of specialist dental trainingU.K.

7.—[F16(1) The GDC shall not approve specialist dental training intended to lead to the award of a CCST unless that training meets the conditions specified in article 35 of the Directive (specialist dental training), or under article 22(a) of the Directive (part-time training) [F17would] be treated as meeting those conditions.

(2) The GDC may withdraw any such approval if it is satisfied that the training no longer meets, or under article 22(a) of the Directive [F18would] no longer be treated as meeting, the conditions specified in article 35 of the Directive.]

(3) Part-time specialist dental training is permitted, under conditions approved by the GDC, where training on a full-time basis would not be practicable for well-founded reasons; and accordingly the GDC may approve part-time training which satisfies—

(a)the conditions referred to above in this paragraph;

(b)the conditions set out in sub-paragraphs (a), (c), (e) and (f) of paragraph (2); and

(c)the following conditions—

(i)the standard of training must not be lower than that of full-time training; and

(ii)the total length of training in the specialty in question must not be less than that of full-time training in the same specialty.

(4) The curriculum and any other requirements relating to the training for the specialty, as they have effect from time to time, must be published.

[F19(5) For the purposes of meeting the conditions specified in article 35 of the Directive under this regulation, the reference in article 35 of the Directive to article 34 of the Directive is, in relation to training begun on or before 18th January 2016, to article 34 disregarding the amendments made by Directive 2013/55/EU of the European Parliament and of the Council of 20th November 2013.]

Textual Amendments

Distinctive titles and specialist listsU.K.

8.—(1) Paragraph (2) applies where the GDC is of the opinion that orthodontics or (as the case may be) oral surgery has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, and it decides to make regulations—

(a)under section 26(3) M14 of the Act so as to prescribe a title for that specialty; or

(b)to prescribe such a title and also to provide for the matters specified in section 26(4)(a) and (b) of the Act in relation to that title.

[F20(2) Where this paragraph applies, the GDC shall secure that the regulations mentioned in paragraph (1) provide that a registered dentist is entitled to use the title prescribed for a specialty and (if appropriate) to have his name entered in the list for that specialty only if (subject to paragraph (2A)) he pays any fee determined by the GDC on application for entry in the appropriate list, and—

(a)he holds a CCST awarded by the GDC under regulation 6 in the specialty in question;

(b)he is an eligible specialist as specified in regulation 9; [F21or]

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)he is an existing specialist as specified in regulation 12; F23...

F23(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) Where the GDC exercises its powers under section 26(4) of the Act so as to provide for a specialist list in orthodontics or oral surgery, it must tell anyone who asks it (and pays any fee determined by the GDC) whether or not a particular person’s name is entered in the list in question, and must do so in writing if required, stating the date on which that person’s name was entered in the list and his registration number.

(4) For the purposes of paragraph (3), the GDC shall be deemed to have satisfied a requirement that it gives information in writing if it transmits the information to the person requiring it by facsimile or other electronic means.

Textual Amendments

Marginal Citations

M14Section 26(3) of the Act provides for the GDC, if it is of the opinion that any branch of dentistry has become so distinctive that it would be for the convenience of the public or of the dental profession that registered dentists qualified to practise, or practising, in that branch of dentistry should use a distinctive title, to make regulations prescribing appropriate titles and conditions under which they may be used. By section 26(4), such regulations may also provide for a list to be kept by the GDC of registered dentists who are qualified to use the distinctive title and for such a dentist to have his name entered in the list.

Eligible specialistsU.K.

9.—[F26(1) A person is an eligible specialist for the purposes of regulation 8(2)(b) if—

F27(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he holds a [F28relevant European] specialist dental qualification (as specified in regulation 10).]

(2) [F29[F30A] person] is also an eligible specialist for the purposes of [F31regulation 8(2)(b)] if he does not fall within paragraph (1), but—

(a)he has specialist dental qualifications awarded outside the United Kingdom in orthodontics or (as the case may be) oral surgery, and satisfies the GDC that those qualifications are equivalent to a CCST in the specialty in question; or

(b)he has knowledge of, and experience in, orthodontics or (as the case may be) oral surgery derived from academic or research work, and satisifies the GDC that that knowledge and experience is equivalent to the knowledge and experience which he might reasonably be expected to have acquired if he had undertaken the training required for the award of a CCST.

F32(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person is also an eligible specialist in oral surgery for the purposes of [F34regulation 8(2)(b)] if he is an oral and maxillo-facial surgeon and his name is entered in the specialist register kept by the General Medical Council M15 in respect of that specialty M16 and—

F35(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F36... he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together are equivalent to the training required for the award of a CCST in oral surgery.

F37(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M16 See S.I. 1995/3208, which makes provision for the specialist medical register.

Applications and notification of decisionsU.K.

F389A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F39Relevant European] specialist dental qualificationsU.K.

10.—[F40(A1) In regulation 9(1), “relevant European specialist dental qualification” means an appropriate European specialist dental qualification, within the meaning of paragraph (1), that has not been designated by the GDC for the purposes of this paragraph.

(B1) The GDC—

(a)may designate a qualification for the purposes of paragraph (A1) only with the approval of the Privy Council;

(b)must maintain and publish a list of the qualifications that are so designated.]

(1) The following are [F41appropriate European] specialist dental qualifications for the purposes of [F42paragraph (A1)]—

[F43(a)a qualification which—

(i)is listed in Annex V, point 5.3.3 of the Directive (evidence of formal qualifications in orthodontics and oral surgery),

(ii)was awarded in a relevant European State F44... on or after the reference date, and

(iii)is not evidence of training commenced by the holder before that date;

F45(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F45(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(3) In paragraph (1) “reference date”, in relation to the practice of orthodontics or oral surgery in a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in the table relating to that specialty in Annex V, point 5.3.3 of the Directive.]

Textual Amendments

Appointment as a consultant in the National Health ServiceU.K.

11.—(1) Paragraph (2) shall not apply until the expiry of the period of two years beginning with the date on which regulations made by the GDC under section 26(4) of the Act come into force in relation to the specialty in question.

(2) Subject to paragraph (1), a person may not take up appointment as a consultant in the National Health Service in oral surgery or orthodontics unless his name is included in any list for the specialty in question kept pursuant to regulations made by the GDC under section 26(4) of the Act.

Transitional provisionsU.K.

Existing specialistsU.K.

12.—(1) A registered dentist is an existing specialist for the purposes of regulation 8(2) if he applies to the Registrar, within the period referred to in paragraph (2), for his name to be entered in any list of orthodontists or (as the case may be) oral surgeons kept pursuant to regulations made under section 26(4) of the Act (paying any fee determined by the GDC) and satisfies him that he falls within paragraph (3).

(2) An application under paragraph (1) shall be made before the expiry of the period of two years beginning with the date on which the regulations mentioned in that paragraph come into force in relation to the specialty in question, unless the applicant satisfies the Registrar that there was good reason for not applying by then.

(3) A person falls within this paragraph if—

(a)he is, or has been, a consultant in the National Health Service in the specialty in question; or

(b)he has been accredited in the specialty in question before the date on which the regulations referred to in paragraph (1) come into force in relation to that specialty; or

(c)he has satisfied the GDC that—

(i)he has been trained in the United Kingdom in the appropriate specialty and that training complied with the requirements relating to training in that specialty current in the United Kingdom at the time he undertook it;

(ii)he has qualifications awarded in the United Kingdom in such a specialty that are equivalent to a CCST in that specialty; or

(iii)he has acquired experience in that specialty which has given him a level of expertise equivalent to the level of expertise he might reasonably be expected to have attained if he had a CCST in that specialty.

(4) In paragraph (3)(b), “accredited” refers to the former practice whereby certain Royal Colleges and Faculties acknowledged the satisfactory completion of a period of specialist training in dentistry, to a level previously determined by that body, by granting an application for accreditation made by the person who had completed the training.

Other specialitiesU.K.

Other specialtiesU.K.

F4813.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousU.K.

[F49Appeal panels]U.K.

14.—(1) The GDC shall secure that—

(a)a person to whom it refuses to award a CCST;

[F50(b)a person whose application for entry in a specialist list pursuant to regulation 8(2)(b) is refused by the GDC;

F51(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and]

(c)a person who fails to satisfy the GDC as to the matters referred to in regulation 12(3)(c);

has the right to appeal against its decision to a panel of independent persons (in this regulation referred to as an “appeal panel”) which shall be convened by the GDC as soon as practicable to reconsider the question and determine [F52that appeal].

(2) The GDC shall determine and publish the procedure governing its selection of the members of appeal panels and the conduct of appeals.

(3) The GDC shall secure that an appeal panel gives reasons for its determination.

Textual Amendments

[F53Appeals from an appeal panelU.K.

14A.—(1) Where—

(a)an appeal panel determines an appeal under regulation 14, and

(b)the result of the appeal is unfavourable to the person concerned,

the person concerned may appeal against the determination to the relevant court.

(2) On an appeal under this regulation, the relevant court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the determination appealed against,

(c)substitute for the determination appealed against any other determination which could have been made by an appeal panel, or

(d)remit the case to an appeal panel to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

(3) In this paragraph “the relevant court” means—

(a)where the person concerned is entered in a specialist list, and his address in that list is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b)where the person concerned is not entered in a specialist list, but his address would (if he were to be entered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

(c)in any other case, the county court.]

Textual Amendments

Revocation and savingU.K.

15.—(1) The Dental Qualifications (EEC Recognition) Order 1980 M17 is hereby revoked.

(2) Subject to paragraph (3), the revocation of article 5(1) of that Order does not prevent the GDC from awarding a certificate of completion of specialist training to any person whose application for one had been received by the GDC before these Regulations came into force; and any such application may be dealt with as if paragraph (1) had not come into force.

(3) An application to which paragraph (2) refers must be dealt with before the end of the period of three months beginning with the date on which these Regulations come into force.

Marginal Citations

M17S.I. 1980/703. Articles 3, 4, 6 and 7 of the Order were revoked by the Dentists Act 1984, Schedule 6, Part II.

[F54ReviewU.K.

15A.  By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must—

(a)carry out a review of the amendments made to these Regulations by the European Qualifications (Health and Social Care Professions) Regulations 2016;

(b)set out the conclusions of the review in a report; and

(c)publish the report.]

Textual Amendments

PART IIIU.K. PRIMARY QUALIFICATIONS

The competent authoritiesU.K.

F5516.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

FeesU.K.

F5617.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Minimum requirements of primary dental trainingU.K.

F5718.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence of good character and of good healthU.K.

19.  In section 15 of the Act (qualification for registration in the dentists register) there are inserted after subsection (4) the following subsections—

“(4A) In relation to a person who is a national of an EEC State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good character for the purposes of subsection (3)(b)—

(a)a certificate issued by a competent authority in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, attesting that the requirements of that State in relation to good character for taking up the profession of dentistry have been met; or

(b)(where the State does not require proof of good character for taking up of the profession of dentistry) an extract from the judicial record or an equivalent document issued by a competent authority in the State showing that he is of good character.

(4B) In relation to a person who is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)), the registrar shall accept as sufficient evidence of good health for the purposes of subsection (3)(c)—

(a)the document required in the EEA State which awarded the appropriate European diploma, or in which he has subsequently become established, as proof of good health; or

(b)(where the State does not require proof of good health for the taking up of the profession of dentistry) a certificate issued by a competent authority in the State corresponding to the certificates of good health issued by the Council.

(4C) the registrar shall not accept any certificate referred to in subsection (4A) or (4B) if it is presented more than three months after the date on which it was issued.”.

Holders of overseas diplomasU.K.

20.—(1) In section 15 of the Act (qualification for registration in the dentists register), in subsection (4)(d) for “he” there is substituted—

“he—

(i)is a national of an EEA State (or is treated as such for the purposes of subsection (1)(b)); or

(ii)”.

(2) In section 16 of the Act (supplementary provisions as to registration of holders of overseas diplomas) there is inserted after subsection (2) the following subsection—

“(2A) In deciding for the purposes of section 15(4)(c) whether a person who is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill, the Council—

(a)shall take into account any dental qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a dentist in that State;

(b)shall take into account any professional dental experience or knowledge that he has acquired in another EEA State; 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.”.

(3) In section 17 of the Act (temporary registration)—

(a)for subsection (2)(d) there is substituted—

“(d)that he—

(i)is a national of an EEA State (or is treated as such for the purposes of section 15(1)(b)); or

(ii)has the necessary knowledge of English; and”; and

(b)after subsection (3) there is inserted—

“(3A) In deciding for the purposes of subsection (2)(c) whether a person who is a national of an EEA State (or a person who is treated as such for the purposes of section 15(1)(b)) has the requisite knowledge and skill for the efficient practice of dentistry in the post in question, the Council shall take into account any professional dental experience or knowledge that he has acquired in another EEA State, and any acceptance by such a State of his right to practise as a dentist in that State.”.

Minor amendments to the ActU.K.

F5821.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Frank Dobson

One of Her Majesty’s Principal Secretaries of State (Department of Health)

17th March 1998

Regulation 4

F59SCHEDULE A1U.K.DIRECTIVE 2005/36: FUNCTIONS OF THE GDC UNDER REGULATION 4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 10

F60SCHEDULE 1U.K.SPECIALIST DENTAL QUALIFICATIONS AWARDED IN EEA STATES OTHER THAN THE UNITED KINGDOM IN ORTHODONTICS AND ORAL SURGERY

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 18

F61SCHEDULE 2U.K. MINIMUM TRAINING REQUIREMENTS FOR TRAINING LEADING TO THE AWARD OF PRIMARY DENTAL QUALIFICATIONS IN THE UNITED KINGDOM—TEXT OF ARTICLE 1 OF AND THE ANNEX TO THE DENTAL TRAINING DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision about training for specialist dental qualifications and the recognition in the United Kingdom of specialist dental qualifications awarded elsewhere. They also make provision in respect of primary dental qualifications and registration by virtue of those qualifications. The Regulations implement European obligations relating to the training of dentists and specialist dentists, contained in Council Directive 78/687/EEC (OJ No. L 233, 24.8.1978, p.10) (“the Dental Training Directive”) and mutual recognition of dentists’ qualifications, contained in Council Directive 78/686/EEC (OJ No. L 233, 24.8.1978, p.1) (“the Recognition Directive”). They include provision relating to a person who is not a national of a member State of the European Economic Area (“EEA”), but who is entitled to be treated no less favourably than an EEA national by virtue of a right conferred by article 11 of Council Regulation (EEC) No. 1612/68 (OJ No. L 257, 19.10.1968, p.1) or any other enforceable Community right (such as those derived from articles 48 and 52 of the Treaty of Rome).

Part I of the Regulations provides for the coming into force of the Regulations and for the interpretation of certain terms. It empowers the Secretary of State to give directions to the General Dental Council (“the GDC”), which is the supervisory body for the dental profession by virtue of the Dentists Act 1984, as regards matters of administration relating to certain obligations arising under European Community law.

Part II deals with specialist dental qualifications. Regulation 4 designates the GDC as the competent authority for the United Kingdom in relation to specified functions under the Recognition Directive and the Dental Training Directive. The GDC is empowered, under regulation 5, to charge fees to cover the cost of providing services in relation to its functions under Part II of the Regulations. Regulation 6 provides for the issue by the GDC of Certificates of Completion of Specialist Training to those who complete approved specialist training, and regulation 7 imposes minimum requirements which training must satisfy before it can be approved for this purpose.

Regulation 8 provides that if the GDC makes regulations concerning the use of a distinctive title by orthodontists or oral surgeons and the establishment of a list of specialists in either of these branches of dentistry, those regulations must provide that a person is only entitled to use a prescribed title, or to have his name entered in a specialist list, if he meets certain requirements. It requires the GDC to tell anyone who asks it whether a person’s name is entered in a specialist list.

Regulations 9 and 10 define the persons who will be entitled to automatic inclusion in a specialist list and the specialist dental qualifications which are entitled to automatic recognition for that purpose. Regulation 12 makes transitional provision for entry in a specialist list for a person who is already a consultant or is otherwise an existing specialist within the meaning of the regulation. Regulation 11 imposes certain requirements for appointment as a consultant in the National Health Service. Regulation 13 makes provision which is to apply if the GDC makes regulations recognising dental specialties other than orthodontics and oral surgery.

Regulation 14 requires the GDC to establish an appeal mechanism against its decisions and to determine and publish the procedure governing its selection of the members of appeal panels and the conduct of appeals. Regulation 15 revokes, with savings, the Dental Qualifications (EEC Recognition) Order1980.

Part III of the Regulations concerns primary dental qualifications. Regulation 16 prescribes the GDC as the competent authority for the United Kingdom in respect of certain functions under the Recognition Directive; regulation 17 empowers it to charge fees in respect of certain of those functions. Regulation 18 and Schedule 2 set out the minimum requirements for primary dental training in the United Kingdom.

Regulations 19, 20 and 21 amend the provisions of the Dentists Act 1984. They make provision relating to evidence of good character and good health; holders of overseas diplomas; and notification of the reasons for refusal of an application for registration.

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