Dentistry (Jersey)
Law 2015
A LAW to make new provision for the
registration of dentists and dental care professionals and for connected
purposes
Adopted by the
States 22nd September 2015
Sanctioned by
Order of Her Majesty in Council 9th December 2015
Registered by the
Royal Court 18th
December 2015
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
part 1
definitions
1 Interpretation
In this Law, unless the context otherwise
requires –
“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;
“Minister” means the
Minister for Health and Social Services;
“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.
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
Minister 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) 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 Minister considers appropriate.
(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 Minister
a notice of his or her new address.
(5) The
Minister must publish the names and qualifications of registered dental
professionals and such other information about them as the Minister considers
appropriate.
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 Minister;
(b) contain
or be accompanied by such particulars as the Minister may require;
(c) be
verified in such manner and to such extent as the Minister may require; and
(d) be
accompanied by a registration fee determined by the Minister.
9 Determination
of application
(1) The
Minister 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.
(2) But
if the requirements of paragraph (1) are not satisfied the Minister must refuse
to register the applicant.
(3) Before
refusing an application for registration under this Article the Minister must
give the applicant an opportunity to meet the requirements mentioned in this
Article.
(4) The
Minister must, upon refusing an application for registration –
(a) serve
notice on the applicant of his or her decision to refuse the application and
the reasons for it; and
(b) refund
the registration fee paid by the applicant.
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 Minister, 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.
(4) A
registered dental care professional must inform the Minister, in writing,
within one month, of any change in the information he or she provided upon his
or her application for registration.
(5) If,
in compliance with paragraph (4), a registered dental care professional is
required to inform the Minister of a change of name, he or she must, at the same
time, submit to the Minister evidence of such change.
(6) A
registered dental care professional must comply with any condition imposed under
Article 11.
11 Additional
conditions of registration
(1) The
Minister may impose additional conditions on registration under this Part where
he or she 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.
(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
Minister may, on the expiry of the period specified under paragraph (3),
make a further decision under paragraph (1) to impose the condition.
(6) Before
the Minister makes a decision to impose a condition under paragraph (1),
the Minister must give the person the opportunity to make representations.
(7) The
Minister 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.
12 Verification of
information held by Minister
(1) The
Minister may require a registered dental care professional to verify or, as the
case requires, inform the Minister of any inaccuracies in, such information
held by the Minister in respect of the registered dental care professional as
the Minister may specify.
(2) The
Minister may, for the purposes of paragraph (1), send a registered dental
care professional a statement of all or any of the specified information.
(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 Minister no later than the date required by the Minister.
13 Certificate of registration
(1) Where
the Minister registers or renews the registration of any registered dental care
professional, he or she must issue a certificate of registration to that
person.
(2) The
Minister may issue a further certificate of registration to a registered dental
care professional if the Minister is satisfied that the certificate of registration
formerly issued to the person has been lost, stolen or damaged.
(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 Minister to be, or are to the knowledge of
the Minister, erroneous in any respect, the Minister must amend the register.
(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
Minister 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.
16 Request
for cancellation of registration
(1) A registered
dental care professional may, at any time, request the Minister to cancel his
or her registration.
(2) A
request under paragraph (1) must be made in writing.
(3) The
Minister must, upon receiving a request under paragraph (1), cancel the
person’s registration.
17 Cancellation
of registration otherwise than on request
(1) The
Minister 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.
(2) The
Minister 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 Minister, 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 Minister to have engaged in conduct of a kind that, in the opinion
of the Minister, makes the person unfit to be a registered dental care
professional.
(3) The
Minister may, if he or she 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 Minister in the
direction.
(4) The
Minister must, before cancelling a person’s registration under paragraph (1)
or (2), give the person an opportunity to make representations.
(5) The
Minister must serve on a person whose registration is cancelled under this
Article notice of –
(a) the
Minister’s decision to cancel the person’s registration;
(b) the
Minister’s 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).
(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 Minister 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 Minister under Article 20(3)(b),
until the Minister has dealt with the referred matter.
(8) Paragraph
(7) does not apply if –
(a) in
the opinion of the Minister, 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 Minister under Article 20(3)(b),
until the Minister 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.
18 Suspension
(1) The
Minister 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.
(2) The
Minister must serve on a person whose registration is suspended notice of –
(a) the
Minister’s decision to suspend the person’s registration;
(b) the
Minister’s reasons for the decision; and
(c) the
period for which the suspension has effect.
(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
Minister to amend a direction given under Article 17(3) in relation to the
person.
(2) The
Minister may, after receiving an application under paragraph (1) from a
person, amend a direction given under Article 17(3) in relation to the
person.
(3) The
Minister must serve on a person notice of the Minister’s decision in
relation to an application by the person under paragraph (1) and the
Minister’s reasons for the decision.
20 Appeals
(1) A
person may appeal to the Court against a decision of the Minister 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.
(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
Minister for the Minister’s decision in accordance with the law; or
(c) making
any decision that the Minister could have made under Article 9, 11, 17, 18
or 19, as the case may be.
(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 4 on the standard scale.
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 4 on the
standard scale.
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 4 on the standard scale.
(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[1] 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[2] 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[3] for the words “a
dentist under the Dentists (Registration)
(Jersey) Law 1961[4]” there shall be substituted “a registered person
under the Dentistry (Jersey) Law 2015[5]”.
(3) The
following definitions of “dentist” shall be deleted –
(a) in Article 1(1)
of the Misuse of Drugs (Jersey) Law 1978[6];
(b) in Article 1(1)
of the Medicines (Jersey) Law 1995[7];
(c) in Article 1
of the Piercing and Tattooing (Jersey) Law 2002[8].
(4) For
Regulation 5(2)(b) of the Rehabilitation of Offenders (Exceptions)
(Jersey) Regulations 2002[9] there shall be substituted
the following sub-paragraph –
“(b) registered person within the
meaning of Article 1 of the Dentistry (Jersey) Law 2015[10];”.
(5) In the
following places for the words “Dentists (Registration) (Jersey) Law 1961[11]” there shall be
substituted the words “Dentistry (Jersey) Law 2015[12]” –
(a) in
the definition “dentist” in Part 1 of Schedule 1 to the
Interpretation (Jersey) Law 1954[13];
(b) in Schedule 9
paragraph 14(3) of the Terrorism (Jersey) Law 2002[14];
(c) in Article 18(1)(d)
of the Health Care (Registration) (Jersey) Law 1995[15].
(6) In Article 1(1)
of the Nursing and Residential Homes (Jersey) Law 1994[16] the definition
“registered dentist” shall be deleted.
(7) In
the Police Procedures and Criminal Evidence (Jersey) Law 2003[17] –
(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[18] –
(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[19];”.
(b) in Article 15(15) and Article 27B(2),
for the words “Dentists (Registration) (Jersey) Law 1961[20]” there shall be substituted the words “Dentistry
(Jersey) Law 2015[21]”.
28 Repeal
The Dentists (Registration) (Jersey) Law 1961[22] 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.
L.-M. HART
Deputy Greffier of the States