This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
This Order approves the General Dental Council (Fitness to Practise) (Amendment) Rules 2016 (“the 2016 Rules”) which amend the General Dental Council (Fitness to Practise) Rules 2006 (which are set out in the Schedule to S.I. 2006/1663) (“the 2006 Rules”).
Rule 3 of the 2016 Rules amends rule 2 of the 2006 Rules to include a definition of “Case Examiner”, “Case Examiners” and “lay person”.
Rules 5 and 6 of the 2016 Rules substitute rule 3 and amend rule 4 of the 2006 Rules respectively, the effect being that the registrar will investigate a complaint or information received in respect of a dentist or dental care professional and, if the registrar considers that this amounts to an allegation of impairment of fitness to practise, the registrar must refer this allegation to the Case Examiners and, where appropriate, may refer it to the Interim Orders Committee. Rule 4 of the 2016 Rules amends the heading of Part 2 of the 2006 Rules to reflect the functions being carried out under this Part of the 2006 Rules.
Rule 7 of the 2016 Rules substitutes rules 5 to 10 of the 2006 Rules, inserting new Parts 2A to 2C which:
provide for Case Examiners to exercise certain functions relating to the consideration of allegations of impairment of fitness to practise, the procedure to be followed by the Case Examiners when exercising these functions and the determinations that they may make (new Part 2A). Rule 8 of the 2016 Rules makes a consequential amendment to rule 12 of the 2006 Rules;
sets out the procedure to be followed by the Investigating Committee when considering an allegation of impairment of fitness to practise and the determinations that they may make. The effect of the amendments to the 2006 Rules is that the registrar will first refer an allegation to the Case Examiners and only if the Case Examiners fail to agree on whether the allegation should be referred to a Practice Committee will the allegation be referred to the Investigating Committee for consideration (new Part 2B);
provide for reviews of determinations. The registrar will be able to review a decision that an allegation is not an allegation of impairment of fitness to practise (and therefore should not be considered by the Case Examiners) and may also, in the circumstances specified, review a determination by the Case Examiners or the Investigating Committee that an allegation of impairment of fitness to practise should not be considered by a Practice Committee (new Part 2C).
Rule 9 of the 2016 Rules makes transitional and saving provision.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
