Dentists Act 1985

Persons entitled to be registered in register.

27

27.(1) Subject to the provisions of this Act, every person whose name, at the date of the establishment of the register, is entered in the register of dentists maintained by the Dental Board under section 23 of the Dentists Act 1928, shall be registered in the register.

(2) Subject to the provisions of sections 28 and 65 of this Act, any person who—

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

(b) following the establishment of the register is awarded any of the primary qualifications in dentistry specified in the Second Schedule to this Act, or

F15[(c) has his or her professional qualifications as a dental practitioner recognised under the Regulations of 2017, or]

(d) satisfies the Council that he has undergone such courses of training and passed such examinations as are specified for the purposes of this section in rules made by the Council,

shall, on making application in the form and manner determined by the Council and on payment of the appropriate fee, be registered in the register.

(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of dentistry.

(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(5) A person to whom a decision under subsection (3) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and, if he so applies, the High Court, on the hearing of the application, may—

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

(b) cancel the decision and direct the Council to register the name of the person making the application, 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.

Annotations

Amendments:

F15

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 94(b), in effect as per reg. 2.

F16

Repealed by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 2(1), not commenced as of date of revision.

Modifications (not altering text):

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[]

Editorial Notes:

E8

Previous affecting provision: application of section extended (14.07.2008) by Recognition of the Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations 2008 (S.I. No. 263 of 2008), reg. 14, in effect as per reg. 1(2); revoked (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 90(1)(d), in effect as per reg. 2, subject to transitional provisions in reg. 96.