Dentists Act 1878
| Jurisdiction | UK Non-devolved |
| Citation | 1878 c. 33 |
| Year | 1878 |
Dentists Act, 1878
(41 & 42 Vict.) CHAPTER 33.
An Act to amend the Law relating to Dental Practitioners.
[22d July 1878]
W HEREAS it is expedient that provision be made for the registration of persons specially qualified to practise as dentists in the United Kingdom, and that the law relating to persons practising as dentists be otherwise amended:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may for all purposes be cited as theDentists Act, 1878.
2 Interpretation.
2. In this Act ‘General Council’ means the General Council of Medical Education and Registration of the United Kingdom, established under the Medical Act, 1858; and ‘Branch Council’ means a branch of the said council as constituted by the same Act:
‘General registrar’ means the person appointed to be the registrar by the General Council, and ‘local registrar’ means the registrar appointed by a branch council under the Medical Act, 1858:
‘British possession’ means any part of Her Majesty's dominions exclusive of the United Kingdom:
‘Medical authorities’ means the bodies and universities who choose members of the General Council.
Registration.
3 Penalty on unregistered persons using title of ‘dentist,’ &c.
3. From and after the first day of August one thousand eight hundred and seventy-nine, a person shall not be entitled to take or use the name or title of ‘dentist’ (either alone or in combination with any other word or words), or of ‘dental practitioner,’ or any name, title, addition, or description implying that he is registered under this Act or that he is a person specially qualified to practise dentistry, unless he is registered under this Act.
Any person who, after the first day of August one thousand eight hundred and seventy-nine, not being registered under this Act, takes or uses any such name, title, addition, or description as aforesaid, shall be liable, on summary conviction, to a fine not exceeding twenty pounds; provided that nothing in this section shall apply to legally qualified medical practitioners.
4 Provision as to offence of unregistered person taking name, &c., and as to offence of person taking title he does not possess.
4. With respect to the offence of a person not registered under this Act taking or using any name, title, addition, or description as above in this Act mentioned, the following provisions shall have effect:
(1) (1.) He shall not be guilty of an offence under this Act—
(a .) If he shows that he is not ordinarily resident in the United Kingdom and that he holds a qualification which entitles him to practise dentistry or dental surgery in a British possession or foreign country, and that he did not represent himself to be registered under this Act; or,
(b .) If he shows that he has been registered and continues to be entitled to be registered under this Act, but that his name has been erased on the ground only that he has ceased to practise.
(2) (2.) A prosecution for such offence shall be instituted only as herein-after mentioned.
If a person takes or uses the designation of any qualification or certificate in relation to dentistry or dental surgery which he does not possess, he shall be liable, on summary conviction on such prosecution as herein-after mentioned, to a fine not exceeding twenty pounds.
A prosecution for any of the offences above in this Act mentioned shall not be instituted by a private person, except with the consent of the General Council or of a branch council, but may be instituted by the General Council, by a branch council, or by a medical authority, if such Council or authority think fit.
5 Privileges of registered persons.
5. A person registered under this Act shall be entitled to practise dentistry and dental surgery in any part of Her Majesty's dominions, and from and after the first day of August one thousand eight hundred and seventy-nine a person shall not be entitled to recover any fee or charge, in any court, for the performance of any dental operation or for any dental attendance or advice, unless he is registered under this Act or is a legally qualified medical practitioner.
6 Qualification necessary for registration.
6. Any person who—
shall be entitled to be registered under this Act.
7 Registration of persons in dentists register.
7. Where a person entitled to be registered under this Act produces or sends to the general registrar the document conferring or evidencing his licence or qualification, with a statement of his name and address, and the other particulars, if any, required for registration, and pays the registration fee, he shall be registered in the dentists register.
Provided that a person shall not be registered under this Act as having been at the passing thereof engaged in the practice of dentistry unless he produces or transmits to the registrar, before the first day of August one thousand eight hundred and seventy-nine, information of his name and address, and a declaration signed by him in the form in the schedule to this Act or to the like effect; and the registrar may, if he sees fit, require the truth of such declaration to be affirmed in manner provided by the Act of the session held in the fifth and sixth years of the reign of King Williamthe Fourth, chapter sixty-two, intituled ‘An Act to repeal an Act of the present session of Parliament, intituled 'An Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits;' and to make other provisions for the abolition of unnecessary oaths.’
A person resident in the United Kingdom shall not be disqualified for being registered under this Act by reason that he is not a British subject; and a British subject shall not be disqualified for being registered under this Act by reason of his being resident or engaged in practice beyond the limits of the United Kingdom.
8 Registration of colonial dentist with recognised certificate.
8. Where a person who either is not domiciled in the United Kingdom, or has practised for more than ten years elsewhere than in the United Kingdom, or in the case of persons practising in the United Kingdom at the time of the passing of this Act for not less than ten years either in the United Kingdom or elsewhere, shows that he holds some recognised certificate (as herein-after defined) granted in a British possession, and, that he is of good character, such person shall upon payment of the registration fee be entitled, without examination in the United Kingdom, to be registered as a colonial dentist in the dentists register.
9 Registration of foreign dentist with recognised certificate.
9. Where a person who is not a British subject, or who has practised for more that ten years elsewhere than in the United Kingdom, or in the case of persons practising in the United Kingdom at the time of the passing of this Act for not less than ten years either in the United Kingdom or elsewhere, shows that he obtained some recognised certificate (as herein-after defined) granted in a foreign country, and that lie is of good character, and either continues to hold such certificate, or has not been deprived thereof for any cause which disqualifies him for being registered under this Act, such person shall upon payment of the registration fee be entitled, without examination in the United Kingdom, to be registered as a foreign dentist in the dentists register.
10 Recognised certificates of colonial and foreign dentist.
10. The certificate granted in a British possession or in a foreign country, which is to be deemed such a recognised certificate as is required for the purposes of this Act, shall be such certificate, diploma, membership, degree, licence, letters, testimonial, or other title, status, or document as may be recognised for the time being by the General Council as entitling the holder thereof to practise dentistry or dental surgery in such possession or country, and as furnishing sufficient guarantees of the possession of the requisite knowledge and skill for the efficient practice of dentistry or dental surgery.
If a person is refused registration as a colonial dentist or as a foreign dentist, the general registrar shall, if required by him, state in writing the reason for such refusal, and if such reason be that the certificate held or obtained by him is not such a recognised certificate as above defined, such person may appeal to the Privy Council, and the Privy Council, after hearing the General Council, may dismiss the appeal or may order the General Council to recognise such certificate, and such order shall be duly obeyed.
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