C2

Prospective affecting provision: section renumbered as subs. (1), subs. (1) amended and subs. (2) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 4(a), (b), (c), not commenced as of date of revision.

​2.—F2[(1)] In this Act—

F2[“appropriate fee", in relation to a provision of this Act, means the fee (if any) determined under section 25 that is appropriate for the purposes of that provision;]

“auxiliary dental worker” means a member of a class of dental workers established under a scheme made by the Council pursuant to section 53 of this Act;

F2["condition" includes a restriction;]

“the Council” means An Chomhairle Fiaclóireachta or the Dental Council established by this Act;

F2["Council website" means an internet website of the Council (including part of such a website)—

(a) to which access is readily available by members of the public, and

(b) where anything published on the website is readily available for inspection by members of the public;]

“the Dental Board” means the Dental Board established under the Dentists Act 1928;

F2["dental practitioner qualification" shall be construed in accordance with section 26B;]

F2["dental specialist qualification" shall be construed in accordance with section 26C;]

“establishment day” means the day appointed to be the establishment day under section 4 of this Act;

“Fitness to Practise Committee” means the committee established by the Council under section 13 (2) (b) of this Act;

“full registration” means registration other than temporary registration and “fully registered” shall be construed accordingly;

F2["health or social care", in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession;]

“the Medical Council” means Comhairle na nDochtúirí Leighis established by the Medical Practitioners Act, 1978;

“Member State” means a state, other than the State, which is a member of the European Economic Community;

“the Minister” means the Minister for Health;

“practice of dentistry” means the performance of any operation and the giving of any treatment, advice, opinion or attendance which is usually performed or given by a dentist and includes the performance of any operation or the giving of any treatment, advice or attendance on or to any person preparatory to, for the purpose of, or in connection with, the fitting, insertion, or fixing of artificial teeth;

“the register” means the Register of Dentists established under section 26 of this Act;

“registered dentist” means a person whose name is registered in the register;

“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978;

“Register of Dental Specialists” means the register referred to in section 29 of this Act;

“the Registrar” means the chief officer of the Council;

F1[“Regulations of 2017" means the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);]

F2["relevant profession" means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;]

F2["restriction" includes a condition;]

“retention fee” means a fee payable by a person entitled to be registered in any register maintained by the Council for the retention of his name in that register;

F2["rules" means rules made under section 25A or deemed by subsection (7) of that section to be made thereunder;]

“temporary registration” means registration by virtue of section 28 of this Act and “temporarily registered” shall be construed accordingly.

F2[(2) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.]

C3

References to "registered medical practitioner", "Medical Council" and "Medical Registration Council" construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), (3), S.I. No. 231 of 2008 and references to "General Register of Medical Practitioners" construed by Medical Practitioners Act 2007 (25/2007), s. 108(2), as amended (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument [, on and after the register establishment day,] shall be construed as a reference to [...] the register.

(3) Every reference to—

(a) the Medical Council, or

(b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

C4

Functions under subs. (1)(e) transferred and references to "Department of Education" and "Minister for Education" construed as Department of and Minister for Further and Higher Education, Research, Innovation and Science (1.06.2023) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 291 of 2023), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5, 6, 8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education –

(a) by or under the provisions of an Act specified in column (1) of the Schedule, to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified, and

...

are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

...

SCHEDULE

Short Title of Act and Number	Provision
(1)	(2)
Dentists Act 1985	Section 9(1)(e)
...	...

C5

Prospective affecting provision: subs. (7)(b) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 5, not commenced as of date of revision.

(b) The first appointment of a person representative of a class of auxiliary dental workers to a committee established under subsection (2)(c) of this section after the commencement of this Act shall be made, for a period of one year from the date of the appointment, by the Council and every subsequent such appointment to such a committee shall be by election, in accordance with rules made by the Council F4[under section 25A], by the registered members of each class of auxiliary dental workers so established.

C6

Functions transferred and references to "Department of the Public Service" and "Minister for the Public Service" construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

(a) by or under the Ministers and Secretaries (Amendment) Act 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and

(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 294 of 1973),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

...

SCHEDULE

Acts, functions under which are transferred to the Minister for Finance

...

Dentists Act 1985

...

C7

Functions transferred and references to "Department of the Public Service" and "Minister for the Public Service" construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

(a) by or under the Ministers and Secretaries (Amendment) Act 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and

(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 294 of 1973),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

...

SCHEDULE

Acts, functions under which are transferred to the Minister for Finance

...

Dentists Act 1985

...

C8

Functions transferred and references to "Department of the Public Service" and "Minister for the Public Service" construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

(a) by or under the Ministers and Secretaries (Amendment) Act 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and

(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 ( S.I. No. 294 of 1973),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

...

SCHEDULE

Acts, functions under which are transferred to the Minister for Finance

...

Dentists Act 1985

...

C9

Prospective affecting provision: subparas. (aa), (ab) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 6, not commenced as of date of revision.

25.—The Council may charge such fees as may, from time to time, be determined by the Council, with the consent of the Minister, for—

(a) the registration of a person in any register maintained by the Council,

F7[(aa) the recognition of a qualification (other than a professional qualification referred to in paragraph (ab)) held by a person,]

F7[(ab) subject to Regulation 90(2) of the Regulations of 2017, the recognition under those Regulations of a professional qualification (within the meaning of Regulation 3 of those Regulations) as a dental practitioner or dental specialist,]

...

C10

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 7, not commenced as of date of revision.

F8[25A.—(1) Subject to subsection (3), the Council may make rules—

(a) in accordance with which an election referred to in section 13(7)(b) shall be conducted,

(b) specifying courses of training and examinations for the purposes of section 26B, or

(c) setting criteria to be complied with by persons who wish to—

(i) resume practising dentistry after not having practised dentistry for a period specified in the rules, or

(ii) commence practising dentistry after not having practised dentistry previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in dentistry pursuant to which they wish to practise dentistry.

(2) Criteria to be complied with by persons referred to in subsection (1)(c) may include criteria in relation to—

(a) the education or training of those persons,

(b) the manner of verifying that those persons possess the relevant competencies, or

(c) any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public.

(3) The Council shall ensure that a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is given to the Minister.

(4) Subject to subsection (5), the Council, after considering the comments (if any) on a draft of a rule made by the Minister before the expiration of 30 days after the date on which the draft was given to the Minister, may—

(a) make the rule in the form of the draft as published or with such changes as the Council determines, or

(b) decide not to make the rule.

(5) The Council shall ensure that, as soon as is practicable after a rule is made under this section, the rule—

(a) is submitted for approval by the Minister, and

(b) if approved by the Minister, is published in the prescribed manner and is submitted to the Minister for laying before each House of the Oireachtas.

(6) Every rule approved under subsection (5) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which that House sits after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) Rules referred to in section 13(7)(b) or 27(2)(d) and in force immediately before the commencement of section 7 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 shall, on the commencement of such section 7, be deemed to be rules made under this section and, accordingly, be liable to be amended or revoked by rules made under this section.

(8) In this section, "published in the prescribed manner", in relation to any rule, means the rule—

(a) is published on the Council website, and

(b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public.]

C11

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F9[26A.—(1) A person may make an application to the Council, accompanied by the appropriate fee—

(a) for the recognition of a qualification, held by that person, as a dental practitioner qualification, or

(b) for the recognition of a qualification, held by that person, as a dental specialist qualification.

(2) The Council shall recognise the qualification, the subject of an application under subsection (1)(a), as a dental practitioner qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 26B.

(3) The Council shall recognise the qualification, the subject of an application under subsection (1)(b), as a dental specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 26C.

(4) The Council may, by notice in writing given to a person who has made an application under subsection (1), request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.]

C12

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F10[26B.—(1) Subject to subsection (2), a qualification (in this Act referred to as a "dental practitioner qualification") held by a person meets the requirements for recognition as a qualification for registering the person in the register if the person—

(a) was, immediately before the establishment of the register, entitled to be registered in accordance with the Dentists Act 1928 but was not so registered,

(b) has been awarded a primary qualification in dentistry specified in the Second Schedule,

(c) has a qualification as a dental practitioner recognised under the Regulations of 2017,

(d) has a qualification in dentistry from a state other than the State and has passed an examination specified in rules made for the purposes of this paragraph, or

(e) has a qualification in dentistry from a state other than the State and is exempted from paragraph (d) by virtue of falling within a ground, specified in rules made for the purposes of this paragraph, for such exemption.

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a professional qualification as a dental practitioner recognised—

(a) in accordance with Regulation 10 or 21 of the Regulations of 2017,

(b) under Regulation 39 of the Regulations of 2017, or

(c) under Part 14 of the Regulations of 2017,

is a dental practitioner qualification for the purposes of this Act.]

C13

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F11[26C.—(1) Subject to subsection (2), a qualification (in this Act referred to as a "dental specialist qualification") held by a person meets the requirements for recognition as a qualification for registering the person in the Register of Dental Specialists if—

(a) the specialty to which the qualification relates is a specialty recognised by the Council under section 37(1), and

(b) either—

(i) the person—

(I) has, in the opinion of the Council, before the establishment of the Register of Dental Specialists, completed his or her training in that specialty,

(II) has been granted evidence of the satisfactory completion of specialist training by a body recognised by the Council under section 37(3), or

(III) satisfies the Council that he or she has completed a programme of training in specialised dentistry of a standard considered by the Council to be adequate,

or

(ii) the qualification is a professional qualification as a specialised dental practitioner recognised under the Regulations of 2017.

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification as a specialised dental practitioner recognised—

(a) in accordance with Regulation 10 or 21 of the Regulations of 2017,

(b) under Regulation 39(2) of the Regulations of 2017, or

(c) under Part 14 of the Regulations of 2017, is a dental specialist qualification for the purposes of this Act.]

C14

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F12[26D.—(1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in the register.

(2) The Council shall enter the name of a person who has made an application under subsection (1) in the register if—

(a) the Council is satisfied that the person holds a dental practitioner qualification,

(b) either—

(i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary to practise as a dental practitioner in the State, or

(ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation,

(c) the person satisfies the Council of his or her fitness to engage in the practice of dentistry, and

(d) rules made by the Council apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.]

C15

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F13[26E.—(1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in the Register of Dental Specialists.

(2) The Council shall enter the name of a person who has made an application under subsection (1) in the Register of Dental Specialists if—

(a) the Council is satisfied that the person holds a dental specialist qualification,

(b) either—

(i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary to practise as a dental specialist, or

(ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation,

(c) the person satisfies the Council of his or her fitness to engage in the practice of a dental specialty, and

(d) rules made by the Council apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.]

C16

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F14[26F.—(1) In this section, "relevant decision" means a decision of the Council to—

(a) refuse to recognise a qualification held by a person as a dental practitioner qualification under section 26A(2),

(b) refuse to recognise a qualification held by a person as a dental specialist qualification under section 26A(3),

(c) refuse to enter a person’s name in the register under section 26D(2), or

(d) refuse to enter a person’s name in the Register of Dental Specialists under section 26E(2).

(2) On making a relevant decision, the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.

(3) A person to whom a relevant decision relates may, not later than 2 months after the date on which the person was given notice of the decision pursuant to subsection (2), apply to the High Court for the cancellation of the decision.

(4) The High Court, on the hearing of an application under subsection (3) made by a person in relation to a relevant decision, may—

(a) declare that it was proper for the Council to make the decision,

(b) cancel the decision and direct the Council to, as the Court thinks appropriate—

(i) recognise the qualification held by the person as a dental practitioner qualification or dental specialist qualification, or

(ii) enter the name of the person in the register or the Register of Dental Specialists,

or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.

(5) The High Court may direct how the costs of an application under subsection (3) are to be borne.

(6) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.]

C17

Prospective affecting provision: section repealed by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 2(1), not commenced as of date of revision.

27.—F16[…]

C18

Prospective affecting provision: section repealed by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 2(1), not commenced as of date of revision.

30.—F18[…]

C19

Prospective affecting provision: subs. (5) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 9, not commenced as of date of revision.

32.—...

(5) On making a decision under subsection (4) of this section, the Council shall forthwith send F19[…] to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

...

C20

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 10, not commenced as of date of revision.

F20[32A.—(1) Subject to subsections (2) to (4), a registered dentist shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year, subsection (1) does not apply to a registered dentist because there are no particulars referred to in that subsection which he or she is required to give to the Council, the dentist shall give to the Council a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registered dentist gave particulars referred to in subsection (1) to the Council, there has been no material change in the matter to which the particulars relate, the dentist may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registered dentist shall, in each year, comply with subsection (1), (2) or (3) —

(a) not earlier than 2 months before he or she is required to pay, in that year, the appropriate fee determined under section 25(b), and

(b) not later than the last day of that 2 months.

(5) A registered dentist shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the dentist in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Council may, by notice in writing given to a registered dentist who has made a declaration under this section, require the dentist to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.

(7) (a) A registered dentist shall comply with a notice under subsection (6) given to the dentist.

(b) Where the Council considers that a registered dentist has failed to comply with paragraph (a), the Council shall forthwith make an application under section 38 as regards such failure.

(8) In this section—

"final determination", in relation to any relevant proceedings and a registered dentist, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"relevant proceedings", in relation to a registered dentist, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the dentist is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the dentist—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the dentist being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the dentist being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

C21

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 11, not commenced as of date of revision.

F21[33A.—(1) Where a registered dentist provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council with any information relevant to either or both of the following:

(a) any material matter that has occurred in the State or that jurisdiction in relation to the dentist;

(b) the dentist’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

(2) In subsection (1) —

"material matter", in relation to a registered dentist, means—

(a) any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by such dentist:

(i) the imposition of conditions on any registration or licence;

(ii) the suspension, withdrawal or removal of any registration or licence;

(iii) the refusal to grant registration or a licence,

or

(b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016), or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

"registered dentist" includes a person who has made an application under this Act to have his or her name entered in a register maintained under this Act which has not yet been determined by the Council;

"relevant statement", in relation to a request under subsection (1), means a statement to the effect that any information provided to the Council, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the registered dentist the subject of the request.]

C22

Prospective affecting provision: subss. (1)(b), (3)(b)(ii), (3)(c)(ii), (4), (5), (5)(a), (5)(b) amended, subs. (5)(c) substituted and subss. (1)(d)-(f), (3)(b)(iv)-(vi), (3)(c)(iv)-(vi), (5)(d)-(f) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 12, not commenced as of date of revision.

38.—(1) The Council or any person may apply to the Fitness to Practise Committee for an inquiry into the fitness of a registered dentist to practise dentistry on the grounds of—

F22[(a) his alleged professional misconduct,]

F22[(b) his alleged unfitness to engage in such practice by reason of physical or mental F24[disability,]]

F23[(c) his alleged failure to comply with regulations made under section 13(2) of the Health (Pricing and Supply of Medical Goods) Act 2013,]

F25[(d) his or her alleged failure to comply with section 32A,]

F25[(e) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F25[(f) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

and the application shall, subject to the provisions of this Act, be considered by the committee established by the Council under section 13(2)(b) of this Act (in this Act referred to as the “Fitness to Practise Committee”).

(2) Where an application is made under this section and the Fitness to Practise Committee, after consideration of the application, is of opinion that there is not sufficient cause to warrant the holding of an inquiry, it shall so inform the Council and the Council, having considered the matter, may decide that no further action shall be taken in relation to the matter and shall so inform the Fitness to Practise Committee and the applicant, or it may direct the Committee to hold an inquiry into the matter in accordance with the provisions of this section.

(3) Where an application for an inquiry is made under this section and the Fitness to Practise Committee, after consideration of the application, is either of opinion that there is a prima facie case for holding the inquiry or has been given a direction by the Council under subsection (2) of this section to hold the inquiry, the following shall have effect—

(a) the Fitness to Practise Committee shall proceed to hold the inquiry,

F22[(b) the Registrar, or any other person with the leave of the Fitness to Practise Committee, shall present to that Committee the evidence of—

(i) the alleged professional misconduct,

(ii) the alleged unfitness to practise by reason of physical or mental F24[disability,]

(iii) the alleged failure to comply with regulations referred to in subsection (1)(c),

F25[(iv) the alleged failure to comply with section 32A,]

F25[(v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F25[(vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be,]

(c) on completion of the inquiry, the Fitness to Practise Committee shall embody its findings in a report to the Council specifying therein the nature of the application and the evidence laid before it and any other matters in relation to the registered dentist which it may think fit to report including its opinion, having regard to the contents of the report, as to—

F22[(i) the alleged professional misconduct of the registered dentist,]

F22[(ii) the fitness or otherwise of that dentist to engage in the practice of dentistry by reason of his or her alleged physical or mental F24[disability,]]

F23[(iii) the alleged failure to comply with regulations referred to in subsection (1)(c),]

F25[(iv) the alleged failure to comply with section 32A,]

F25[(v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction,]

F25[(vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be.

(4) When it is proposed to hold an inquiry under subsection (3) of this section, the person who is the subject of the inquiry shall be given notice in writing by the Registrar F26[…] of the nature of the evidence proposed to be considered at the inquiry and that the person and any person representing him shall be given the opportunity of being present at the hearing.

(5) F24[Subject to sections 47(4) and 47A, the findings] of the Fitness to Practise Committee on any matter referred to it, and the decision of the Council on any report made to it by that Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, F26[…]—

F22[(a) F25[to be] guilty of professional misconduct,]

F22[(b) F25[to be] unfit to engage in the practice of dentistry because of physical or mental F24[disability,]]

F24[(c) to be guilty of a failure to comply with regulations referred to in subsection (1)(c),]

F25[(d) to have failed to comply with section 32A,]

F25[(e) to have a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F25[(f) to have a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be.

...

C23

Prospective affecting provision: subs. (1) amended, subss. (1)(c), (3)(b)(iii), (3)(c)(iii), (5)(c) substituted and subs. (10) inserted by Health Identifiers Act 2014 (15/2014), s. 35(a)-(f), not commenced as of date of revision.

38.—(1) F27[Subject to subsection (10), the Council or any person,] may apply to the Fitness to Practise Committee for an inquiry into the fitness of a registered dentist to practise dentistry on the grounds of—

F22[(a) his alleged professional misconduct,]

F22[(b) his alleged unfitness to engage in such practice by reason of physical or mental disability, or]

F27[(c) his alleged failure to comply with—

(i) regulations made under section 13(2) of the Health (Pricing and Supply of Medical Goods) Act 2013, or

(ii) a provision of the Health Identifiers Act 2014 applicable to the dentist in his capacity (if any) as a health services provider within the meaning of section 2 of that Act,]

and the application shall, subject to the provisions of this Act, be considered by the committee established by the Council under section 13(2)(b) of this Act (in this Act referred to as the “Fitness to Practise Committee”).

(2) Where an application is made under this section and the Fitness to Practise Committee, after consideration of the application, is of opinion that there is not sufficient cause to warrant the holding of an inquiry, it shall so inform the Council and the Council, having considered the matter, may decide that no further action shall be taken in relation to the matter and shall so inform the Fitness to Practise Committee and the applicant, or it may direct the Committee to hold an inquiry into the matter in accordance with the provisions of this section.

(3) Where an application for an inquiry is made under this section and the Fitness to Practise Committee, after consideration of the application, is either of opinion that there is a prima facie case for holding the inquiry or has been given a direction by the Council under subsection (2) of this section to hold the inquiry, the following shall have effect—

(a) the Fitness to Practise Committee shall proceed to hold the inquiry,

F22[(b) the Registrar, or any other person with the leave of the Fitness to Practise Committee, shall present to that Committee the evidence of—

(i) the alleged professional misconduct,

(ii) the alleged unfitness to practise by reason of physical or mental disability, or

F27[(iii) the alleged failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

as the case may be,]

(c) on completion of the inquiry, the Fitness to Practise Committee shall embody its findings in a report to the Council specifying therein the nature of the application and the evidence laid before it and any other matters in relation to the registered dentist which it may think fit to report including its opinion, having regard to the contents of the report, as to—

F22[(i) the alleged professional misconduct of the registered dentist,]

F22[(ii) the fitness or otherwise of that dentist to engage in the practice of dentistry by reason of his or her alleged physical or mental disability, or]

F27[(iii) the alleged failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

as the case may be.

(4) When it is proposed to hold an inquiry under subsection (3) of this section, the person who is the subject of the inquiry shall be given notice in writing by the Registrar sent by pre-paid post to the address of that person as stated in the register of the nature of the evidence proposed to be considered at the inquiry and that the person and any person representing him shall be given the opportunity of being present at the hearing.

(5) The findings of the Fitness to Practise Committee on any matter referred to it, and the decision of the Council on any report made to it by that Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, to be—

F22[(a) guilty of professional misconduct,]

F22[(b) unfit to engage in the practice of dentistry because of physical or mental disability, or]

F27[(c) guilty of a failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

as the case may be.

...

F28[(10) An application under this section shall not be made by a person other than the Minister if the ground concerned is a registered dentist’s alleged failure to comply with a provision referred to in subsection (1)(c)(ii).]

C24

Prospective affecting provision: subss. (1)(a)(ii), (1)(b), (2), (6) amended, subs. (1)(a)(iv)-(vi) inserted and subs. (5) substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 13(a)-(d), not commenced as of date of revision.

39.—(1) Where a registered dentist—

F29[(a) has been found by the Fitness to Practise Committee, on the basis of an inquiry and report under section 38—

(i) to be guilty of professional misconduct,

(ii) to be unfit to engage in the practice of dentistry because of physical or mental F30[disability,]

(iii) to be guilty of a failure to comply with the regulations referred to in section 38(1)(c),

F31[(iv) to be guilty of a failure to comply with section 32A,]

F31[(v) to have a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or]

F31[(vi) to have a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

as the case may be, or]

(b) has failed to pay a retention fee charged by the Council under section 25 of this Act after the Council had not less than two months previously by notice in writing sent F30[to the person], requested payment of the fee on more than one occasion,

the Council may decide that the name of such person should be erased from the register or from the Register of Dental Specialists, as the case may be, or that, during a period of specified duration, registration of his name in the register concerned should not have effect.

(2) On making a decision under this section, the Council shall forthwith send F30[to the person to whom the decision relates] a notice in writing stating the decision, the date thereof and the reasons therefor.

...

F30[(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.]

(6) (a) On erasing the name of a person from any register under this section, the Council shall forthwith send F30[to such person] notice in writing of the erasure.

(b) Where a direction is given under this section that during a specified period registration of the name of a person in any register shall not have effect, the Council shall, before the commencement on that period, send F30[to such person] notice in writing of such direction.

...

C25

Prospective affecting provision: subs. (1)(a)(iii) substituted by Health Identifiers Act 2014 (15/2014), s. 35(g), not commenced as of date of revision.

F32[(iii) to be guilty of a failure to comply with regulations referred to in subsection (1)(c)(i) or a provision referred to in subsection (1)(c)(ii),]

...

C26

Prospective affecting provision: subs. (1A) inserted, subs. (2) amended and subs. (5) substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 14(a)-(c), not commenced as of date of revision.

40.—(1) The Council, following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act, may decide to attach such conditions as it thinks fit to the retention in any register maintained under this Act of a person whose name is entered in such register.

F33[(1A) The powers conferred by subsection (1) may be exercised in substitution for any of the powers conferred by section 42 as if the words "where section 42 would otherwise apply" were substituted for the words "following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act" appearing in that subsection.]

(2) On making a decision under this section, the Council shall forthwith send F34[to the person to whom the decision relates] a notice in writing stating the decision, the date thereof and the reasons therefor.

...

F34[(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.]

...

C27

Prospective affecting provision: subss. (1) amended and subss. (1A), (3)-(6) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 15(a)(i), (ii), (b), (c), not commenced as of date of revision.

41.—(1) F35[Subject to subsection (1A), the Council], following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act into the conduct of a person whose name is entered in any register maintained under this Act may, on receipt of the report of that Committee, if it so thinks fit, F36[decide to] advise, admonish or censure such person in relation to his professional conduct.

F36[(1A) A decision under subsection (1) to advise, admonish or censure a person shall not take effect unless—

(a) the decision is confirmed by the High Court on an application under subsection (4), or

(b) the 21 days referred to in subsection (4) within which the person may apply to the High Court for the cancellation of the decision expires without the person making such application.]

(2) The powers conferred by subsection (1) of this section may be exercised either in addition to or in substitution for any of the powers conferred by sections 39, 40 and 42 of this Act.

F36[(3) On making a decision to exercise a power under subsection (1), the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.]

F36[(4) A person to whom a decision under this section relates may, not later than 21 days after the date on which the person was given notice of the decision, apply to the High Court for the cancellation of the decision.]

F36[(5) The High Court, on the hearing of an application under subsection (4) made by a person in relation to a decision under this section, may—

(a) declare that it was proper for the Council to make the decision,

(b) cancel the decision, or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.]

F36[(6) The High Court may direct how the costs of the application are to be borne.]

C28

Prospective affecting provision: subss. (2), (6) amended, subs. (5) substituted and subs. (8) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 16(a)-(d), not commenced as of date of revision.

42.—(1) Where a registered dentist is convicted in the State of an offence triable on indictment or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, the Council may decide that the name of such person should be erased from the register.

(2) On making a decision under this section, the Council shall forthwith send F37[to the person to whom the decision relates] a notice in writing stating the decision, the date thereof and the reasons therefor.

...

F37[(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.]

(6) On erasing the name of a person from the register under this section, the Council shall forthwith send F37[to such person] notice in writing of the erasure.

(7) The name of any person which has been erased from the register under this section may at any time be restored to the register by special direction of the Council but not otherwise, and when a person's name is so restored to the register, the Council may attach to the restoration such conditions (including the payment of the appropriate fee which shall not exceed the fee which would be payable by such person if he was then being registered for the first time) as the Council thinks fit.

F38[(8) (a) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registered dentist the subject of the request.

(b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018, comply with a request under paragraph (a) as soon as is practicable after receiving the request.

(c) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing that the registrar or clerk of a court which has convicted a registered dentist of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the Registrar or Council (including any committee thereof), or both, may reasonably require for the performance of his, her or its functions under this Act in relation to that dentist.

(d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request.

(e) In this subsection, "criminal record", in relation to a registered dentist, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) of the dentist for offences (if any).]

C29

Prospective affecting provision: subs. (4) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 17, not commenced as of date of revision.

F39[(4) (a) Paragraph (b) applies where—

(i) a registered dentist becomes the subject of an order under subsection (3), and

(ii) the Council has reason to believe that—

(I) the dentist is registered in another jurisdiction as a dentist, or has made an application to be registered as a dentist in another jurisdiction which has not yet been determined, and

(II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of the order and copies of other documents relevant to that order.]

C30

Prospective affecting provision: section renumbered as subs. (1), subs. (1), (1)(d), (e) amended and subss. (1)(f), (2), (3), (4), (5) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 18(a)-(c), not commenced as of date of revision.

47.—F40[(1)] The Council shall notify the F41[Health Service Executive and such other persons as it thinks fit] on the occasion of—

(a) the erasure of the name of a person from a register maintained under this Act,

(b) the restoration of the name of a person to a register maintained under this Act,

(c) the suspension of the name of a person from a register maintained under this Act,

(d) the termination of a period of suspension from a register maintained under F41[this Act,]

(e) the attachment of conditions to the retention of the name of a person in a register maintained under F41[this Act, or]

F40[(f) the advisement, admonishment or censure under section 41 of a person whose name is entered in a register maintained under this Act,]

of the erasure, restoration, suspension, termination of suspension F41[, attachment of conditions or advisement, admonishment or censure,] as the case may be.

F40[(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of paragraphs (a) to (f) of subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, the Council shall, if satisfied that it is in the public interest to do so and as soon as is practicable, give notice in writing to the Health Service Executive of the measure.]

F40[(3) The Council shall (if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so) give notice in writing to an employer (other than the Health Service Executive) where—

(a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a person whose name is entered in a register maintained under this Act employed by the employer, and

(b) the employer’s name is known to the Council.]

F40[(4) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any measure referred to in subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, and

(ii) the Council has reason to believe that—

(I) the person is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall give notice in writing to that body of that measure and may, and notwithstanding any provision of the Directive (within the meaning of Regulation 3 of the Regulations of 2017) or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 38(3)(c)).]

F40[(5) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any measure referred to in subsection (2) has been taken in relation to a person whose name is entered in a register maintained under this Act, and

(ii) the Council has reason to believe that—

(I) the person is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure.]

C31

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 19, not commenced as of date of revision.

F42[47A.—(1) Subject to subsection (2), the Council shall—

(a) advise the public—

(i) when any measure referred to in section 47(1)(a) to (e) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, and

(ii) if satisfied that it is in the public interest to do so, when any measure referred to in section 47(1)(f) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act,

(b) if satisfied that it is in the public interest to do so, advise the public when any measure referred to in section 47(2) in respect of a person whose name is entered in a register maintained under this Act comes to the knowledge of the Council, and

(c) if satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of the Fitness to Practise Committee at an inquiry or, subject to section 38(5), publish all or any part of a report referred to in section 38(3)(c) of the Fitness to Practise Committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified).

(2) Without prejudice to the generality of subsection (1), the Council shall, at the least, use the Council website to effect any advisement or publication referred to in that subsection.

(3) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 39(3) or (4), 40(3) or (4), 41(5) or (9), or 42(3) or (4).]

C32

Prospective affecting provision: subs. (6) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 20, not commenced as of date of revision.

(6) The Council shall not make a decision under subsection (5) of this section unless the Council has not less than two months previously by notice in writing sent F43[to the person] requested payment of the fee on more than one occasion.

...

C33

Prospective affecting provision: subs. (3) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 21, not commenced as of date of revision.

F44[(3) The Council may publish any register maintained by it on the Council website.]

C34

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 22, not commenced as of date of revision.

F45[67A.—(1) In any proceedings under this Act concerning a registered dentist, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

(2) In any proceedings under this Act concerning a registered dentist, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

(3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

(4) In this section—

"final determination", in relation to any relevant proceedings and a registered dentist, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"registered dentist" includes a person who has made an application under this Act to have his or her name entered in a register maintained under this Act which has not yet been determined by the Council;

"relevant document", in relation to a registered dentist, means any of the following:

(a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

(b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

(c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the dentist in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the dentist after the final determination of the proceedings;

(d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the dentist in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

"relevant proceedings", in relation to a registered dentist, means any disciplinary or judicial proceedings (other than such proceedings under this Act), in respect of which the dentist is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the dentist—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the dentist being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the dentist being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

C35

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 23, not commenced as of date of revision.

F47[70.—(1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

(2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

(3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

(4) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(c) if the completed form is required to be provided to—

(i) the relevant body,

(ii) another person on behalf of the relevant body, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

(5) Without prejudice to the generality of subsection (1), the Council may—

(a) specify a form to be completed by a registered dentist in connection with the payment by the dentist of any fee determined under section 25(b), and

(b) in that form, require the practitioner to supply the Council with such information that the dentist would have to supply the Council if the practitioner were not registered but were seeking registration.

(6) In this section, "relevant body" means—

(a) subject to paragraph (b), the Council, and

(b) in relation to a function under this Act performed by the Fitness to Practise Committee, that Committee.]

C36

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 23, not commenced as of date of revision.

F48[71.—(1) Where the Council, the Fitness to Practise Committee or the Registrar is required or authorised under this Act to notify a registered dentist or former registered dentist, or an auxiliary dental worker or former auxiliary dental worker, of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in any register maintained under this Act in which his or her name is or was (as the case may be) entered.

(2) Where the Council or the Registrar is required or authorised under this Act to notify a person (not being a registered dentist or former registered dentist or auxiliary dental worker or former auxiliary dental worker) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

(3) Where a notification under this Act has been sent to a person in accordance with subsection (1) or (2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.]