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 disability, or

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

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 by pre-paid post to the person, at his address as stated in the register, 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 by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor.

(3) A person to whom a decision under this section relates may, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies—

(a) The High Court, on the hearing of the application, may—

(i) cancel the decision, or

(ii) declare that it was proper for the Council to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Council to erase his name from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of his name in that register shall not have effect, or

(iii) give such other directions to the Council as the Court thinks proper,

(b) if at any time the Council satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Council to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Council to erase his name from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of his name in that register shall not have effect,

(c) the High Court may direct how the costs of the application are to be borne.

(4) Where a person to whom a decision of the Council under this section relates does not, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Council may apply ex parte to the High Court for confirmation of the decision and, if the Council so applies, the High Court, on the hearing of the application, shall, unless it sees good reason to the contrary, declare accordingly and either (as the Court may consider proper) direct the Council to erase the name of such person from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of his name in that register shall not have effect.

(5) The decision of the High Court on an application under this section shall be final save that, by leave of that Court or of the Supreme Court, an appeal, by the Council or by the person concerned, from that decision shall lie to the Supreme Court 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 by pre-paid post to such person, at his address as stated in the register, 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 by pre-paid post to such person, at his address as stated in the register, notice in writing of such direction.

(7) The name of any person which has been erased from any register under this section may at any time be restored to that register by direction of the Council but not otherwise and, when a person's name is so restored to that 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 for registration if he was then being registered for the first time) as the Council thinks fit.

(8) Where the registration of a person in any register has ceased to have effect for a period of specified duration, the Council may, if it thinks fit, on application made to it by such person, by direction terminate the suspension.

(9) On the hearing of an application under this section, the High Court may, if it thinks it proper so to do, admit and have regard to the evidence of any person of standing in the dental profession as to what is professional misconduct.