SCHEDULE
The General Dental Council (Fitness to Practise) Rules 2006
The General Dental Council make the following Rules in exercise of their powers conferred under section 50C(5) and (6) of, paragraphs 2, 3 and 7 of Schedule 3 to, paragraphs 2, 3 and 7 of Schedule 4B to, and paragraphs 1, 2 and 3 of Schedule 4C to, the Dentists Act 19842.
The General Dental Council have consulted in accordance with section 50D of that Act3.
PART 1
Citation, commencement and interpretation
Citation and commencement
These Rules may be cited as the General Dental Council (Fitness to Practise) Rules 2006 and shall come into force on 31st July 2006.
Interpretation
In these Rules—
“the Act” means the Dentists Act 1984;
“allegation” means an allegation that the fitness to practise of a registered dentist or registered dental care professional is impaired and includes an allegation treated as arising by virtue of section 27(4) or 36N(4) of the Act4(allegations);
“interim orders hearing” means a hearing before the Interim Orders Committee or a Practice Committee at which that Committee are to consider whether to make, revoke, confirm or replace an interim order, or to add to, vary or revoke any condition imposed by an interim order, under section 32 or 36V of the Act5(interim orders);
“legal adviser” means a person appointed under paragraph 1 of Schedule 4C to the Act6(advisers);
“party” to proceedings means the respondent or the Council;
“presenter” means the representative of the Council presenting the case on their behalf;
“relevant register” means, in relation to a dentist or former dentist, the dentists register and, in relation to a member of a profession complementary to dentistry or former member of such a profession, the dental care professionals register;
“respondent” means—
(a) a registered dentist or registered dental care professional (including one whose registration is suspended) who is the subject of an allegation,
(b) a registered dentist or registered dental care professional (including one whose registration is suspended) to whose registration the proceedings relate, or
(c) a former registered dentist or former registered dental care professional who is applying for the restoration of his name to the relevant register;
“restoration hearing” means a hearing before the Professional Conduct Committee at which they are to consider an application for restoration to the relevant register under section 24, 28, 36I or 36R of the Act7(restoration following erasure on grounds of fraud or on grounds of impairment of fitness to practise); and
“resumed hearing” means a hearing for the purpose of reviewing directions given, or orders made, by a Practice Committee, at which a Practice Committee are to consider whether to give a direction under section 27C or 36Q of the Act8(resumed hearings).
PART 2
Investigating Committee
Initial consideration by the registrar
The registrar shall consider a complaint or other information in relation to a registered dentist or a registered dental care professional, including a dentist or dental care professional whose registration is suspended, and shall determine whether a complaint or information amounts to an allegation.
Notification of allegation
Where the registrar determines that a complaint or information amounts to an allegation, he shall send a notification to the respondent and the maker of the allegation (if any) accordingly.
The notification sent under paragraph (1) shall—
contain a summary of the allegation;
subject to rule 7(3), be accompanied by a copy of the documents in the registrar’s possession which relate to the allegation;
invite the respondent to respond to the allegation with written representations addressed to the Investigating Committee within a period which the registrar shall specify in the notification; and
where the allegation has been made by a person, inform the respondent that representations received from him may be disclosed to that person for comment.
Rule 65 shall apply in relation to the notification to be sent under this rule.
Meeting to consider allegation
The Investigating Committee shall hold a meeting, in the presence of the registrar but in the absence of the parties, to consider an allegation which has been referred to them.
Evidence
The Investigating Committee may, subject only to the requirements of relevance and fairness, admit any documentary evidence, whether or not that evidence would be admissible in any proceedings in a court.
Determination
Subject to paragraph (2), upon consideration of an allegation the Investigating Committee may determine—
to adjourn consideration of the allegation and direct the registrar to carry out such enquiries as the Investigating Committee shall specify;
that the allegation ought not to be considered by a Practice Committee but no warning or advice ought to be given under sub-paragraph (c) or (d);
that the allegation ought not to be considered by a Practice Committee and that the matter should be closed by the communication to the respondent or to any other person involved in the investigation of such advice as the Investigating Committee may issue in accordance with section 27A(2) or 36O(2) of the Act9(the Investigating Committee);
that the allegation ought not to be considered by a Practice Committee and that the matter should be closed by the communication to the respondent of such warning as the Investigating Committee may issue in accordance with section 27A(2)(a) or 36O(2)(a) of the Act; or
that the allegation ought to be considered by a Practice Committee.
The Investigating Committee shall not make a determination under paragraph (1)(b), (c), (d) or (e) unless they are satisfied that the respondent and the maker of the allegation (if any) have been provided with a reasonable opportunity to submit written representations commenting on the allegation and, subject to paragraph (3), the evidence relating to the allegation.
The registrar shall not disclose to the maker of the allegation any evidence relating to the health or private and family life of the respondent or a third party which has been provided by the respondent or a third party.
Enquiries following adjournment
The enquiries which the Investigating Committee may direct the registrar to carry out under rule 7(1)(a) may include—
specific factual enquiries;
the commissioning of medical or other expert reports;
the commissioning of an assessment of the respondent’s professional performance.
Resumed consideration of allegation
When they resume consideration of an allegation after an adjournment under rule 7(1)(a) the Investigating Committee shall deal with the matter in accordance with rule 7.
Review of previous determination
Where the Investigating Committee receive an application for review of a previous determination in accordance with section 27A(8)(b) or 36O(8)(b) of the Act, the Investigating Committee shall consider the applicant’s written representations in support of the application, after satisfying themselves that any other person entitled to make such an application has been provided with a reasonable opportunity to submit written representations in response to the application.
PART 3
Consideration of allegations by a Practice Committee
Application of Part 3
This Part shall apply to proceedings under Part 3 (the dental profession) or Part 3A (professions complementary to dentistry) of the Act10in which a Practice Committee are to consider an allegation against a respondent, other than at a resumed hearing.
Consideration at a hearing
Where the Investigating Committee have referred an allegation to a Practice Committee, the Practice Committee to which the allegation has been referred shall hold a hearing to consider the allegation.
Notification of hearing
The registrar shall send to the respondent a notification of hearing, and that notification shall—
inform the respondent of the date, time and venue of the hearing;
inform the respondent of his right to attend and to be represented at the hearing;
inform the respondent of a Practice Committee’s power to proceed with the hearing in his absence;
inform the respondent of his right to adduce evidence;
contain a charge setting out the grounds by reason of which it is alleged that the respondent’s fitness to practise as a dentist or as a member of a profession complementary to dentistry is impaired, and particularising the facts alleged against the respondent in support of the allegation;
be accompanied by a copy of these Rules where they have not previously been sent to the respondent; and
require the respondent to inform the registrar whether he intends to attend the hearing and to be represented at the hearing.
The notification of hearing shall be sent to the respondent no later than 28 days before the date fixed for the hearing, unless the respondent has agreed in writing to an earlier hearing date.
The registrar may, if he considers that it is appropriate to do so and the hearing is to be before the Professional Conduct Committee or the...
