8. The Act of 1985 is amended by the insertion of the following sections after section 26:

“Recognition of qualification held by person

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.

Recognition of qualification for register

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.

Recognition of qualification for Register of Dental Specialists

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.

Application to be registered in register

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.

Application to be registered in Register of Dental Specialists

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.

Notification of relevant decisions under section 26A, 26D or 26E, etc.

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.”.