Dentistry (Jersey)
Law 2015
A LAW to make new provision for the
registration of dentists and dental care professionals and for connected
purposes
Commencement [see endnotes]
part 1
definitions
1 Interpretation
In this Law, unless the context otherwise
requires –
“Commission” means the Health and Social Care Commission
established by Article 35 of the Regulation of Care (Jersey)
Law 2014;
“Court” means the Inferior Number of the Royal Court;
“dental care professional” means a person registered in
the UK dental care professionals register;
“Dentists Act” means the Dentists Act 1984 of the
United Kingdom;
“registered” means registered as a dentist or a dental
care professional under this Law;
“registered dental care professional” means a person
registered as a dental care professional under this Law;
“registered dentist” means a person authorized to
practise as a dentist who is registered as a dentist under this Law;
“registered person” means a registered dentist or a
registered dental care professional;
“UK dental care professionals register” means the dental
care professionals register established by section 36B of the Dentists Act;
“UK dentists register” means the register kept under
section 14 of the Dentists Act.[1]
2 The
practice of dentistry
(1) For the purposes of
this Law the practice of dentistry includes the performance of any such
operation and the giving of any such treatment, advice or attendance as is
usually performed or given by dentists.
(2) A person who performs
any operation or gives any treatment, advice or attendance on or to any person
as preparatory to or for the purpose of or in connection with the fitting,
insertion or fixing of dentures, artificial teeth or other dental appliances is
treated as practising dentistry within the meaning of this Law.
(3) For the purposes of
this Law the practice of dentistry does not include the performance of any
medical task by a person who –
(a) is
qualified to carry out such a task; and
(b) is a
member of a profession regulated by a regulatory body (other than the General
Dental Council) listed in section 25(3) of the National Health Service
Reform and Health Care Professions Act 2002 of the United Kingdom.
(4) Dental work to which
paragraph (5) or (6) applies is not to be treated for the purposes of this
Law as amounting to the practice of dentistry if it is undertaken under the
direct personal supervision of –
(a) a
registered dentist; or
(b) a
registered dental care professional of a kind authorized by the General Dental
Council to carry out such supervision.
(5) This paragraph applies
to dental work if it is undertaken –
(a) by a
person recognized by a dental authority as a student of dentistry or by a
medical authority as a medical student; and
(b) as
part of a course of instruction or training approved by that authority for
students of that kind or as part of an examination so approved.
(6) This paragraph applies
to dental work if it is undertaken by a person as part of –
(a) a
course of instruction or training that he or she is following in order to
qualify for registration in the UK dental care professionals register under a
particular title or titles; or
(b) an
examination that he or she must pass in order to satisfy the requirements for
registration in that register under a particular title or titles.
(7) In this
Article –
“dental authority” means a medical authority that grants
degrees, licences or other diplomas in dentistry;
“medical authority” means any one of the bodies or
combinations of bodies in the United Kingdom which are included in a list
maintained by the General Medical Council of the bodies and combinations of
bodies entitled to hold such examinations for the purpose of granting one or
more primary United Kingdom medical qualifications.
part 2
registration of dentists
3 Registration
of dentists
(1) A person may be
registered as a dentist under this Law only if and while the person is
registered in the UK dentists register.
(2) An application for
registration as a dentist must be made to the Court and be accompanied by
either –
(a) a
copy of the last official edition of the UK dentists register published under
section 22 of the Dentists Act and the certificate or certificates of qualification by virtue of which
the applicant was registered in that register; or
(b) a
certificate under the hand of the registrar of the UK dentists register to the
effect that the applicant is registered in that register and specifying the
applicant’s title to registration.
(3) The qualifications by
virtue of which a person is registered as a dentist must be set out in the Act
of the Court ordering the registration.
4 List
of registered dentists to be kept
The Judicial Greffier must make and keep posted in the Lobby of the
Royal Court House a list of registered dentists showing their names and
addresses and the qualifications by virtue of which they were registered.
5 Procedure
where the names of dentists are erased from or restored to the UK Dentists
Register
(1) The Court, on the
motion of the Attorney General, must order that the registration of any
registered dentist be cancelled if the name of that dentist has been erased
from the UK dentists register by direction of the General Dental Council or the
Professional Conduct Committee of the Council or by the registrar of the UK
dentists register under the powers respectively conferred upon them by the Dentists
Act or by Regulations made under that Act.
(2) If the name of a
dentist in respect of whom an order under paragraph (1) has been made is
restored to the UK dentists register, the Court must, on the application of the
person concerned, rescind the order.
(3) The reference in
paragraph (2) to an order made under paragraph (1) includes an
equivalent order made under any earlier enactment that provided for the
registration of dentists.
6 Power
of Court to cancel registration
(1) The Court may, on the
motion of the Attorney General, order that the registration of any dentist be
cancelled if that dentist –
(a) has
been convicted of an offence in Jersey or an offence committed elsewhere which,
if committed in Jersey, would constitute an offence; or
(b) has
been guilty of professional misconduct.
(2) However, that the Court
must not make an order under this paragraph unless the person concerned has
been given an opportunity of showing cause why the order should not be made.
(3) The Court may, where it
thinks fit so to do, either of its own accord or on the motion of the Attorney
General or on the application of the person concerned, rescind any order made
under this Article.
part 3
registration of dental care professionals
7 Register
of registered dental care professionals
(1) The Commission must
keep a register of registered dental care professionals and the register must
specify the profession complementary to dentistry (according to the
classification of such professions contained in regulations made under
section 36A(2) of the Dentists Act) of which the person is a member.[2]
(2) A person may be
registered in that register only if and while the person is registered on the
UK dental care professionals register.
(3) The following
information must be entered in the register –
(a) the
name of the person registered;
(b) particulars
as to the qualification by virtue of which the person is registered;
(c) the
person’s postal address;
(d) the
date of registration; and
(e) such
other particulars as the Commission considers appropriate.[3]
(4) If a registered dental
care professional changes his or her address appearing in the register the person
must, within one month thereafter, send to the Commission a notice of his or her
new address.[4]
(5) The Commission must
publish the names and qualifications of registered dental professionals and
such other information about them as the Commission considers appropriate.[5]
8 Application
for registration or renewal of registration as a registered dental care
professional
An application for registration or renewal of registration as a
registered dental care professional must –
(a) be in the form required
from time to time by the Commission;
(b) contain or be
accompanied by such particulars as the Commission may require;
(c) be verified in such
manner and to such extent as the Commission may require; and
(d) be accompanied by a
registration fee determined by the Commission.[6]
9 Determination
of application
(1) The Commission must,
after receiving an application from a person registered on the UK dental
professionals register that –
(a) complies
with Article 8; and
(b) in
the case of an application for renewal of registration, also complies with
Article 14(2),
register the applicant as a registered dental care professional
unless the application is made during a period specified in a direction under
Article 17(3) that is in force in relation to the applicant.[7]
(2) But if the requirements
of paragraph (1) are not satisfied the Commission must refuse to register
the applicant.[8]
(3) Before refusing an
application for registration under this Article the Commission must give the
applicant an opportunity to meet the requirements mentioned in this Article.[9]
(4) The Commission must,
upon refusing an application for registration –
(a) serve
notice on the applicant of its decision to refuse the application and the
reasons for it; and
(b) refund
the registration fee paid by the applicant.[10]
10 General
conditions of registration
(1) The requirements in
this Article are conditions of registration applicable to every registered
dental care professional.
(2) A registered dental
care professional must comply with any conditions imposed and undertakings
given by him or her in connection with his or her registration under the Dentists
Act.
(3) A registered dental
care professional must inform the Commission, in writing, within 7 days,
of –
(a) any
referral to the General Dental Council regarding his or her fitness to practise
under section 36N of the Dentists Act;
(b) the
outcome of proceedings following such a referral; or
(c) his
or her being charged with or convicted of an offence in Jersey or an offence
committed elsewhere which, if committed in Jersey, would constitute an offence.[11]
(4) A registered dental
care professional must inform the Commission, in writing, within one month, of
any change in the information he or she provided upon his or her application
for registration.[12]
(5) If, in compliance with
paragraph (4), a registered dental care professional is required to inform
the Commission of a change of name, he or she must, at the same time, submit to
the Commission evidence of such change.[13]
(6) A registered dental
care professional must comply with any condition imposed under Article 11.
11 Additional
conditions of registration
(1) The Commission may
impose additional conditions on registration under this Part where it considers
it is necessary to do so –
(a) to
protect members of the public;
(b) because
it is otherwise in the public interest; or
(c) in
the interests of the person registered.[14]
(2) A condition may be
imposed under paragraph (1) at the time of, or after, registration.
(3) A condition imposed
under paragraph (1) remains in force for the period specified in the
registration of the person as the period for which the condition remains in
force.
(4) A period specified
under paragraph (3) must not exceed 18 months.
(5) The Commission may, on
the expiry of the period specified under paragraph (3), make a further
decision under paragraph (1) to impose the condition.[15]
(6) Before the Commission
makes a decision to impose a condition under paragraph (1), the Commission
must give the person the opportunity to make representations.[16]
(7) The Commission must
serve notice on the registered dental care professional of any condition
imposed on that person, the reasons for its imposition and the period for which
it remains in force.[17]
12 Verification of
information held by Commission[18]
(1) The Commission may
require a registered dental care professional to verify or, as the case
requires, inform the Commission of any inaccuracies in, such information held
by the Commission in respect of the registered dental care professional as the Commission
may specify.[19]
(2) The Commission may, for
the purposes of paragraph (1), send a registered dental care professional
a statement of all or any of the specified information.[20]
(3) The registered dental
care professional must –
(a) in
relation to the specified information contained in the statement, either
confirm that it is correct, or provide details of specified information that is
omitted from the statement or has changed;
(b) sign
and date the statement; and
(c) return
the statement to the Commission no later than the date required by the Commission.[21]
13 Certificate of registration
(1) Where the Commission registers
or renews the registration of any registered dental care professional, it must
issue a certificate of registration to that person.[22]
(2) The Commission may
issue a further certificate of registration to a registered dental care
professional if the Commission is satisfied that the certificate of
registration formerly issued to the person has been lost, stolen or damaged.[23]
(3) If the holder of a certificate
ceases for any reason to be registered the certificate is treated as cancelled.
14 Duration and time
for renewal of registration
(1) Every registration
under Article 9 expires on 31st December next following its date of entry
in the register.
(2) However, the
registration may be renewed if an application is made under Article 8
during the last 3 months of the year for which the person is registered.
15 Amendment of register
(1) If any particulars
appearing in the register of registered dental care professionals in respect of
the name, qualifications or address of a person are proved to the satisfaction
of the Commission to be, or are to the knowledge of the Commission, erroneous
in any respect, the Commission must amend the register.[24]
(2) Paragraph (1)
applies even though at the time when the entry in the register was made the person
actually had the qualifications appearing in the register, or at that time the
entry was otherwise correct.
(3) The Commission must
remove from the register the name of a person –
(a) who
has died;
(b) whose
registration has expired;
(c) who
has requested the cancellation of his or her registration under Article 16;
or
(d) whose
registration has been cancelled under Article 17.[25]
16 Request for
cancellation of registration
(1) A registered dental
care professional may, at any time, request the Commission to cancel his or her
registration.[26]
(2) A request under
paragraph (1) must be made in writing.
(3) The Commission must,
upon receiving a request under paragraph (1), cancel the person’s
registration.[27]
17 Cancellation of
registration otherwise than on request
(1) The Commission must
cancel a registered dental care professional’s registration
if –
(a) the
person ceases to be registered on the UK dental care professionals register; or
(b) the
person’s registration was obtained by fraudulent means.[28]
(2) The Commission may
cancel a registered dental care professional’s registration if the
person –
(a) is
convicted (whether or not in Jersey) of an offence of a kind that, in the
opinion of the Commission, makes the person unfit to be a registered dental
care professional;
(b) has
failed to comply with a condition imposed under Article 10 or 11 on his or
her registration; or
(c) is
found by the Commission to have engaged in conduct of a kind that, in the
opinion of the Commission, makes the person unfit to be a registered dental
care professional.[29]
(3) The Commission may, if it
has cancelled a person’s registration under paragraph (1)(b) or (2),
direct that the person must not be registered under Article 9(1) within a
period, not exceeding 5 years, specified by the Commission in the
direction.[30]
(4) The Commission must,
before cancelling a person’s registration under paragraph (1) or
(2), give the person an opportunity to make representations.[31]
(5) The Commission must
serve on a person whose registration is cancelled under this Article notice
of –
(a) its
decision to cancel the person’s registration;
(b) its
reasons for the decision; and
(c) the
period, if any, during which, in accordance with a direction under paragraph (3),
the person must not be registered under Article 9(1).[32]
(6) The cancellation of a
person’s registration under this Article takes effect on the service on
the person under paragraph (5) of the notice of the cancellation.
(7) If an appeal is lodged
under Article 20 against the cancellation of a person’s
registration, the Commission must restore the person’s
registration –
(a) until
the determination of the appeal under Article 20(3)(a) or (c); or
(b) where
the appeal is determined by referring the matter back to the Commission under
Article 20(3)(b), until the Commission has dealt with the referred matter.[33]
(8) Paragraph (7) does
not apply if –
(a) in
the opinion of the Commission, the grounds on which the registration was
cancelled are so serious that the cancellation should continue in
effect –
(i) until the appeal
in relation to it is determined under Article 20(3)(a) or (c), or
(ii) where
the appeal is determined by referring the matter back to the Commission under
Article 20(3)(b), until the Commission has dealt with the referred matter;
and
(b) the
notice of cancellation under paragraph (5) specifies that sub-paragraph (a)
of this paragraph applies in relation to the cancellation.[34]
18 Suspension
(1) The Commission must –
(a) suspend
a registered dental care professional’s registration upon becoming aware
that his or her registration in the UK dental care professionals register has
been suspended; and
(b) end a
person’s suspension upon becoming aware that that registration is no
longer suspended.[35]
(2) The Commission must
serve on a person whose registration is suspended notice of –
(a) its
decision to suspend the person’s registration;
(b) its
reasons for the decision; and
(c) the
period for which the suspension has effect.[36]
(3) A period of suspension
commences on the service on the person, under paragraph (2), of the notice
of suspension.
19 Application for
amendment of direction
(1) A person whose
registration is cancelled under Article 17 may apply to the Commission to
amend a direction given under Article 17(3) in relation to the person.[37]
(2) The Commission may,
after receiving an application under paragraph (1) from a person, amend a
direction given under Article 17(3) in relation to the person.[38]
(3) The Commission must
serve on a person notice of its decision in relation to an application by the
person under paragraph (1) and its reasons for the decision.[39]
20 Appeals
(1) A person may appeal to
the Court against a decision of the Commission to –
(a) refuse
under Article 9 to register the person;
(b) impose
under Article 11 a condition on the registration of the person;
(c) cancel
under Article 17 the person’s registration;
(d) give
a direction under Article 17(3) in relation to the person;
(e) suspend
the person’s registration under Article 18; or
(f) refuse,
under Article 19, to amend a direction given in respect of the person or
to amend the direction in terms other than those sought by the person.[40]
(2) An appeal under this
Article against a decision may be made by a person only within 28 days
after notice of the decision is served on the person, unless the Court
determines that the period should be extended.
(3) The Court may determine
an appeal under this Article by –
(a) confirming
the decision to which the appeal relates;
(b) quashing
the decision to which the appeal relates and referring the matter back to the Commission
for its decision in accordance with the law; or
(c) making
any decision that the Commission could have made under Article 9,
11, 17, 18 or 19, as the case may be.[41]
(4) The Court may make the
additional orders it thinks appropriate, including ancillary orders and orders
as to costs.
part 4
offences
21 Restriction on
practice of dentistry
(1) A person must not
practise dentistry –
(a) unless
he or she is registered and his or her registration is not suspended; or
(b) otherwise
than in accordance with the conditions imposed on his or her registration.
(2) A person who
contravenes paragraph (1) is guilty of an offence and liable to a fine of
level 3 on the standard scale.[42]
22 False
representations
(1) A person must not
represent himself or herself as being a registered person unless he or she is
registered and his or her registration is not suspended.
(2) A person who is not a
registered person must not take or use any title or description –
(a) indicating
that he or she is a dentist or dental care professional, either alone or in
combination with any other word; or
(b) otherwise
implying that he or she is a registered person.
(3) A person must not take
or use any title or description suggesting that he or she possesses any status
or qualification connected with dentistry other than a status or qualification
that he or she possesses.
(4) A person who
contravenes this Article is liable to a fine of level 3 on the standard
scale.[43]
23 Offences in
connection with obtaining registration
A person who –
(a) with intent to deceive,
forges, or uses, or lends to or allows to be used by any other person, a
certificate or other document that is required, under Article 3 or Article 8,
to accompany an application for registration, or makes or has in his or her
possession a document so closely resembling any such certificate or document as
to be calculated to deceive;
(b) obtains or attempts to
obtain registration under this Law by assuming the name or qualifications of
another person; or
(c) for the purpose of
obtaining registration under this Law knowingly makes any statement or
furnishes any information or makes use of any document which is false in a
material particular,
is liable in respect of each offence to a fine and to imprisonment
for a term of one year.
24 Failure to comply
with notification requirements
(1) A person who fails to
comply with Article 10(3) is guilty of an offence and liable to a fine of
level 3 on the standard scale.[44]
(2) A person who fails to
comply with Articles 7(4), 10(4) or (5) or 12(3) is guilty of an offence
and liable to a fine of level 2 on the standard scale.
part 5
closing provisions
25 Amendment of Law
The States may by Regulations amend –
(a) a definition in Article 1
or Article 2; or
(b) a cross-reference in
this Law to any legislation of the United Kingdom (or any part of it),
so as to maintain consistency with the current legislation in the
United Kingdom (or any part of it).
26 Savings and
transitional provisions
(1) A registered dentist
under the Dentists (Registration) (Jersey) Law 1961 is, on the
commencement of this Law, to be treated as registered under this Law.
(2) Any ancillary dental
worker authorized to undertake dental work in accordance with Regulations made
under the Dentists (Registration) (Jersey) Law 1961 is, on the
commencement of this Law, to be treated as still so authorized as if that Law
were still in force until –
(a) he or
she is registered under this Law; or
(b) for
6 months,
whichever is the earlier.
(3) A person who has been
working in Jersey as a dental nurse on the commencement of this Law may
continue to so work for up to 5 years from the date of such commencement
without the need to be registered and during those 5 years does not commit
an offence under Article 21(1).
27 Enactments
amended
(1) In Article 10(1)
of the Veterinary Surgeons (Jersey)
Law 1999 for sub-paragraphs (a) and (b) there shall be substituted the
words “a dentist or a doctor”.
(2) In Rule 17/3(1)(c)
of the Royal Court Rules 2004 for the words “a
dentist under the Dentists (Registration) (Jersey) Law 1961” there
shall be substituted “a registered person under the Dentistry
(Jersey) Law 2015”.
(3) The following
definitions of “dentist” shall be deleted –
(a) in
Article 1(1) of the Misuse of Drugs (Jersey)
Law 1978;
(b) in
Article 1(1) of the Medicines (Jersey)
Law 1995;
(c) in
Article 1 of the Piercing and Tattooing
(Jersey) Law 2002.
(4) For
Regulation 5(2)(b) of the Rehabilitation of Offenders
(Exceptions) (Jersey) Regulations 2002 there shall be substituted
the following sub-paragraph –
“(b) registered person within the
meaning of Article 1 of the Dentistry (Jersey) Law 2015;”.
(5) In the following places
for the words “Dentists (Registration) (Jersey) Law 1961”
there shall be substituted the words “Dentistry (Jersey)
Law 2015” –
(a) in
the definition “dentist” in Part 1 of Schedule 1 to the Interpretation (Jersey)
Law 1954;
(b) in
Schedule 9 paragraph 14(3) of the Terrorism (Jersey)
Law 2002;
(c) in
Article 18(1)(d) of the Health Care (Registration)
(Jersey) Law 1995.
(6) In Article 1(1) of
the Nursing and Residential Homes
(Jersey) Law 1994 the definition “registered dentist” shall be deleted.
(7) In the Police Procedures and
Criminal Evidence (Jersey) Law 2003 –
(a) in
Article 1(1) the definition “registered dentist” shall be
deleted;
(b) In
Article 56(11) the word “registered” shall be deleted.
(8) In the Health Insurance (Jersey)
Law 1967 –
(a) in Article 1(1), for the
definition “dentist” there shall be substituted the following
definition –
“dentist” means a
registered person within the meaning of Article 1 of the Dentistry
(Jersey) Law 2015;”.
(b) in Article 15(15)
and Article 27B(2), for the words “Dentists (Registration) (Jersey)
Law 1961” there shall be substituted the words “Dentistry
(Jersey) Law 2015”.
28 Repeal
The Dentists (Registration) (Jersey) Law 1961 is repealed.
29 Citation and
commencement
This Law may be cited as the Dentistry (Jersey) Law 2015 and
shall come into force on such day or days as the States may by Act appoint.