Dentists Act 1985
Erasure from register of persons convicted of indictable offences.
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 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) confirm the decision and direct the Council to erase the name of such person from the register, 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, confirm the decision and direct the Council to erase the name of such person from the register,
(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, confirm the decision and direct the Council to erase the name of such person from the register.
(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 the person concerned, from the decision shall lie to the Supreme Court 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 by pre-paid post to such person, at his address as stated in the register, 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.
Annotations
Amendments:
F37
Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 16(a)-(c), not commenced as of date of revision.
F38
Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 16(d), not commenced as of date of revision.
Modifications (not altering text):
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).]