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The European Primary and Specialist Dental Qualifications Regulations 1998

Type Statutory-Instrument

Publication 1998-03-17

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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[^key-20ebd3a8fbf0a00bdc10a7270ed5859d]: Words in reg. 10(1) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(c)(i)(bb) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-082dbd415d087b34bf5a4d94136a3852]: Reg. 10(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(d) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9322a14ae136da1e65d2a1c072425bce]: Words in reg. 10(1)(a)(ii) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(c)(ii) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e42668b6e1e3a8c078ee21fe6d32743f]: Reg. 10(1)(aa)-(e) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(c)(iii) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0d3e02cd20bf78694c2ebf5662264fc1]: Reg. 13 omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(10) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4662f9f53b0ec6f4273bee8517c5728b]: Reg. 14(1)(ba)-(bc) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(11) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-908c67782e2befe5804b3b38989740e5]: Words in reg. 10 heading substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(9)(a) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cd0a8d8fe4a2b12b95964d855476ad96]: Sch. A1 omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 32(12) (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

1

Νομαρχιακή Αυτοδιοίκηση

2

Νομαρχία

3

Turun yliopisto

The Directive: designation of competent authority etc.

Applications and notification of decisions

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognised specialist dental qualifications

Appointment as a consultant in the National Health Service

Appeal panels

Appeals from an appeal panel

14A

(1) Where—

(a) an appeal panel determines an appeal under regulation 14, and

(b) the result of the appeal is unfavourable to the person concerned,

the person concerned may appeal against the determination to the relevant court.

(2) On an appeal under this regulation, the relevant court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination appealed against,

(c) substitute for the determination appealed against any other determination which could have been made by an appeal panel, or

(d) remit the case to an appeal panel to dispose of in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

(3) In this paragraph “the relevant court” means—

(a) where the person concerned is entered in a specialist list, and his address in that list is in Scotland, the sheriff in whose sheriffdom that address is situated;

(b) where the person concerned is not entered in a specialist list, but his address would (if he were to be entered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and

Revocation and saving

SCHEDULE A1 — DIRECTIVE 2005/36: FUNCTIONS OF THE GDC UNDER REGULATION 4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review

15A

By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must—

(a) carry out a review of the amendments made to these Regulations by the European Qualifications (Health and Social Care Professions) Regulations 2016;

(b) set out the conclusions of the review in a report; and

Relevant European specialist dental qualifications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Provision of Directive	Function of GDC	Function of GDC
Article 4f	Considering applications for partial access to the dental profession in the field of orthodontics or oral surgery under regulations 10 and 11 of the General Systems Regulations.	Considering applications for partial access to the dental profession in the field of orthodontics or oral surgery under regulations 10 and 11 of the General Systems Regulations.
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as specialist dentists in orthodontics or oral surgery.	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as specialist dentists in orthodontics or oral surgery.
Article 8(1)	In the event of justified doubts, receiving information from, or providing information to, other competent authorities in relation to—	In the event of justified doubts, receiving information from, or providing information to, other competent authorities in relation to—
	(a)	the legality of a person's establishment as a specialist dentist in orthodontics or oral surgery;
	(b)	the good conduct of such a person;
	(c)	the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
	Receiving information from, or providing information to, other competent authorities in relation to a person’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health and safety.	Receiving information from, or providing information to, other competent authorities in relation to a person’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health and safety.
Article 8(2)	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing specialist dental services in orthodontics or oral surgery.	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing specialist dental services in orthodontics or oral surgery.
Article 23(1)	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, certificates of effective and lawful practice in the United Kingdom.	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, certificates of effective and lawful practice in the United Kingdom.
Article 23(6)	Issuing certificates stating that specialist dental qualifications in orthodontics or oral surgery issued in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.3 of Annex V to the Directive, certify successful completion of specialist dental training that is in accordance with article 35 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 35 of the Directive.	Issuing certificates stating that specialist dental qualifications in orthodontics or oral surgery issued in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.3 of Annex V to the Directive, certify successful completion of specialist dental training that is in accordance with article 35 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 35 of the Directive.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that a person's CCST in orthodontics or oral surgery is a qualification covered by the Directive.	Issuing certificates stating that a person's CCST in orthodontics or oral surgery is a qualification covered by the Directive.
Article 50(2)	In cases of justified doubts—	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK specialist qualifications;
	(b)	requiring confirmation that holders of non-UK specialist qualifications satisfy the minimum training conditions set out in article 35 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions;
	(c)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person's CCST in orthodontics or oral surgery;
	(d)	providing confirmation that holders of a CCST in orthodontics or oral surgery satisfy the minimum training conditions set out in article 35 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts— (a) verifying information provided in connection with non-UK specialist qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;(b) providing information in connection with a person's CCST in orthodontics or oral surgery awarded following training in a relevant European State other than the United Kingdom.	In cases of justified doubts— (a) verifying information provided in connection with non-UK specialist qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;(b) providing information in connection with a person's CCST in orthodontics or oral surgery awarded following training in a relevant European State other than the United Kingdom.
Article 50(3a)	In the event of justified doubts, seeking confirmation from, or providing confirmation to, other competent authorities of the fact that the applicant is not suspended or prohibited from the pursuit of the practice of orthodontics or oral surgery as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant’s professional activities.	In the event of justified doubts, seeking confirmation from, or providing confirmation to, other competent authorities of the fact that the applicant is not suspended or prohibited from the pursuit of the practice of orthodontics or oral surgery as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant’s professional activities.
Article 50(3b)	Ensuring that the exchange of information under article 50 of the Directive with other competent authorities takes place through the IMI.	Ensuring that the exchange of information under article 50 of the Directive with other competent authorities takes place through the IMI.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a specialist dentist in orthodontics or oral surgery.	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a specialist dentist in orthodontics or oral surgery.
	Where such information is received by the GDC—	Where such information is received by the GDC—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the GDC's conclusions.
	Ensuring that the processing of personal data for the purposes of the exchange of information in accordance with article 56(2) of the Directive is carried out in accordance with the GDPR and Directive 2002/58/EC and through the IMI.	Ensuring that the processing of personal data for the purposes of the exchange of information in accordance with article 56(2) of the Directive is carried out in accordance with the GDPR and Directive 2002/58/EC and through the IMI.
Article 56(2a)	Ensuring that the exchange of information carried out in accordance with article 56(2) of the Directive takes place through the IMI.	Ensuring that the exchange of information carried out in accordance with article 56(2) of the Directive takes place through the IMI.
Article 56a(1) and (2)	Informing all other competent authorities, by way of an alert through the IMI, about an orthodontist or oral surgeon whose professional activities have been prohibited or restricted, even temporarily, within three days from the date of the adoption of the decision; ensuring that the information provided is limited to the information referred to in article 56a(2) of the Directive.	Informing all other competent authorities, by way of an alert through the IMI, about an orthodontist or oral surgeon whose professional activities have been prohibited or restricted, even temporarily, within three days from the date of the adoption of the decision; ensuring that the information provided is limited to the information referred to in article 56a(2) of the Directive.
Article 56a(3)	Informing all other competent authorities, by way of an alert through the IMI, about the identity of professionals who have applied for registration and who have been subsequently found to have used falsified evidence of professional qualifications, within three days from the date of the finding.	Informing all other competent authorities, by way of an alert through the IMI, about the identity of professionals who have applied for registration and who have been subsequently found to have used falsified evidence of professional qualifications, within three days from the date of the finding.
Article 56a(4)	Ensuring that the processing of personal data for the purposes of the exchange of information under article 56a(1) and (3) of the Directive is carried out in accordance with the GDPR and Directive 2002/58/EC.	Ensuring that the processing of personal data for the purposes of the exchange of information under article 56a(1) and (3) of the Directive is carried out in accordance with the GDPR and Directive 2002/58/EC.
Article 56a(5)	Informing all other competent authorities through the IMI without delay when— (a) a prohibition or a restriction referred to in article 56a(1) of the Directive has expired;(b) there is a change to the prohibition or restriction period notified under article 56a(2) of the Directive.	Informing all other competent authorities through the IMI without delay when— (a) a prohibition or a restriction referred to in article 56a(1) of the Directive has expired;(b) there is a change to the prohibition or restriction period notified under article 56a(2) of the Directive.
Article 56a(6)	Notifying the orthodontist or oral surgeon, in respect of whom an alert is sent under article 56a(1) or (3) of the Directive, in writing at the same time as the alert is sent, that the orthodontist or oral surgeon— (a) is the subject of an alert sent under article 56a(1) or (3) of the Directive;(b) has the right to appeal against the decision or to apply for rectification of the decision;(c) has the right to access remedies in respect of any damage caused by false alerts sent to other competent authorities.Informing competent authorities, where applicable, that an alert is the subject of appeal proceedings by the orthodontist or oral surgeon.	Notifying the orthodontist or oral surgeon, in respect of whom an alert is sent under article 56a(1) or (3) of the Directive, in writing at the same time as the alert is sent, that the orthodontist or oral surgeon— (a) is the subject of an alert sent under article 56a(1) or (3) of the Directive;(b) has the right to appeal against the decision or to apply for rectification of the decision;(c) has the right to access remedies in respect of any damage caused by false alerts sent to other competent authorities.Informing competent authorities, where applicable, that an alert is the subject of appeal proceedings by the orthodontist or oral surgeon.
Article 56a(7)	Ensuring that an alert made under article 56a(1) of the Directive is deleted from the IMI within three days of— (a) the date of adoption of the revoking decision; or(b) the expiry of the prohibition or restriction referred to in that article.	Ensuring that an alert made under article 56a(1) of the Directive is deleted from the IMI within three days of— (a) the date of adoption of the revoking decision; or(b) the expiry of the prohibition or restriction referred to in that article.
Article 57a(1)	Ensuring that all requirements, procedures and formalities relating to the recognition of qualifications as an orthodontist or oral surgeon may be easily completed by the applicant remotely and by electronic means.	Ensuring that all requirements, procedures and formalities relating to the recognition of qualifications as an orthodontist or oral surgeon may be easily completed by the applicant remotely and by electronic means.