DENTAL
THE DENTAL ACT
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Establishment of the Council.
4. Functions of the Council.
5. Establishment of the Advisory Committee.
6. Functions of the Committee.
7. Appointmentof registrar and other officers and servants.
8. The register.
9. Registration.
9A. Ptactising certificate.
10. The roll.
11.. Enrolment.
12. Corrections of register or roll.
13. Censure, suspension and striking off.
. 14. The Tribunal.
15. Appeal to the Tribunal.
16. Offences and Application.
17. Regulations.
18. Minister may amend monetary penalties.
SCHEDULES
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DENTAL 3
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.I. THE DENTAL ACT
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+ . . , . . . - [ I 9th September, 19 7-11 I .:;: 9,2,
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1. This Act may be cited as the' ~ e n t a l ~ c t .
. . , , ,. . .
. .
2. In this Act, unless the context otherwise'requires-
Shon title.
Interpreta-
tion.
. * . .
"the ~ d v i s o r i cornkittee;' mebs the Dental . . I Advisory . . Com-
mittee. established under section 5;
"the ~ouncii'"&eans the'~Lnta1 Council established .hnder
section 3;
B
N
0\
"dental auxiliary" means a person enrolled as a dental auxi-,
liary in accordance with this Act;
1 .
. . d
. .
:'&n;tions'' includes duties'and powers; ; . .
. . . ,
' -
"practise of dentistry" includes-
(a) the performance of any operation, and the treat-
ment of any diseases, deficiencies, or lesions, on or
of the human teeth or" jaws, and the correction of
malpositions thereof and the performance of radio-
graphic work in connection with the human teeth
or jaws;
'. . . . .
(b) the giving o f any anaesthetic' in connection with
. . . . any .operation on the human teeth or jaws;
. .
(c) the performance of any operatiori on, or the giving
of any treatment, advice, or attendance to, any per-
son, as preparatory to or for the purpose of or for
or in connection with the fitting, insertion, fixing,
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4 DENTAL
constructing, repairing, or removing of artificial
dentures or restorative dental appliances; or
(4 the performance of any such operation and the
giving of any such treatment, advice, or attend-
ance as is usually performed or given by dentists,
d
and the expression "to practise" in relation to dentistry
has a corresponding meaning;
"the register7' means the Register of Dentists specified
under section 8;
"registered dentist" means a person registered as a dentist in
accordance with this ~ c t i , I . .
"the Registrar" means the Registrar appointed under section
7; .
"the roll" means the Roll of Dental Auxiliaries specified
under section' 10.
Establishment 3.-(1) There shall be established for the,purposes of this Act
of the Council. a body to be called the ~ e i t a i Council,' which shall be a body
corporate to which the provisions of section 28 of the Inter- . '.
pretation Act, shall apply.
First (2) The provisions of the First Schedule 'shall have
Schedule. effect with respect to the constitution and procedure of the
Council i d otherwise in relation thereto.
I .
Functions 4. The fihctions 'of the Council shali be-
of the Council.
(a) to register dentists and enrol dental auxiliaries;
(b) to regulate the training of persons for .enrolment as
dental auxiliaries;
(c) to appoint examiners to conduct such examinations in
respect b f persons applying for .registration as dentists
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DENTAL
, and persons applying for enrolment as dental auxi-
liaries as may from time to time be necessary
under the provisions of this Act; A d . . .
, . .
(6) to ensure the maintenance of proper standards of
professional conduct by persons registered as
. L . dentists or enrolled as dental auxiliaries, as the
a . . . case may be, under this Act. I
5.-(1) There shall be established ,for the purposes of this Establ~sh-
ment o f the Act, a body to be called the Dental Auxiliaries Advisory Com- Adv,sov
mittee (hereinafter referred to as "the Advisory Committee"). comm~ttee.
~ e c o n b
(2) The provisions of the Second Schedule shall have Schedule
effect with respect* to the' constitution and procedure of .the
Advisory Committee and otherwise in relation thereto. '
# .
1 1 -
6. The fu*ctions -of the Advisory ~ommit te i shall be to Functions
advise the Council- of the corn- mittee.
. .
(u) on matters ;elating to thesadministration of the provi-
. sions of this Act inrespect of dental auxiliaries;
, . , . '
(6 ) on the various classes of dental auxiliaries to be pres-
cribed;
,
(c) on the curricula of studyxnd programme of training to
be followed by a person for enrolment as a member of a
prescribed class of dental auxiliaiy;
(d) on the mist effective utilization' of the services of the
various classes of dental auxiliaries; and
., 7
: - (e) generally in respect of dental auxiliaries and their func-
tions.
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DENTAL
Appointment
of Registrar
and other
officers and
servants.
The register.
7. The Council shall appoint and employ at such remunera-
tion, and on such terms and conditions as it thinks fit, a Regis-
trar and such other officers and servants as it thinks necessary
for the proper carrying out of the provisions of this Act:
Provided that the' prior approval of the Minister shall be
obtained for the assignment to any post of a salary in excess of a
rate of one million dollars per annurn or such higher rate as the
Minister may, by order, prescribe.
$.--(I) The Council shall cause the Registrar to keep a regis-
ter (to be known as the Register of Dentists) of the names, ad-
dresses and qualifications, and such other particulars as may be
prescribed, of all persons who are registered under subsection
(3) or who apply in the prescribed manner to be registered as
dentists and are so registered pursuant to section 9.
(2) The register shall be open to inspection by any mem-
ber of the public at all reasonable times, .and a copy of the regis-
ter shall ,be published in .the Gazette by, the Registrar at such
times and in such manner as may be prescribed.
. . . . >
(3) Every person who immediately before the 19th Sept-
ember, 1974, was registered under the Dental Law (now
repealed) shall be deemed, at the said date, to be registered as a
dentist under this Act, and the Registrar shall as soon as
practicable after such date, enter the name, addreis, qualification
and other prescribed particulars of such person in the register.
. . ., , . . . . , - .
(4) Subject to the provisions of subsection (3), for the
purposes of this Act, a person is registered as a dentist if his
name appears in the register.
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DENTAL 7
9.-(1) Any person who- Registra-
tioo.
(a) applies to the Council in the prescribed form for
registration as a dentist; and
(b) satisfies the Council that he-
(i) possesses the prescribed qualifications;
(ii) is of good character; and
(iii) is a fit and proper person to practise den-
tistry; and
(c) pays such registration fee as may be prescribed,
shall be entitled to be registered as a dentist.
(2) The Registrar shall issue to every person regis-
tered as a dentist under this Act a certificate of registration
in the prescribed form.
(3) Subject to section 9 ~ , every registered dentist shall 35/1999
be entitled to practise dentistry in Jamaica and to demand ’. 3-
and recover any reasonable charges for services rendered
by him as a dentist and for all drugs: medicines and
appliances supplisd by him.
9A.-(1) A registered dentist shall only practise as a Practising
certificate. dentist while he is in possession of a valid practising certi- 35/1999
ficate in the prescribed form issued to him by the Council, S. 4.
on payment of the prescribed fee to the Registrar.
(2) The Council may waive the prescribed fee pay-
able by a registered dentist who is in full-time employment
in the Government service, if the Council is satisfied that
the dentist is not also engaged in private praatice.
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8 DENTAL
(3) A person who practises in contravention of
subsection (1) shall be liable to such penalties as the Council
may, by regulations, prescribe.
(4) If the name of a registered dentist is removed
from the register, any praatising certificate issued to him
shall cease to be in force.
((5) A practising certificate shall not be issued to a
dentist during any period of suspension of his registration
and any practising certificate issued to him prim to such
suspension shall cease to be in force during the period of
his suspension.
The roll. lO.-(l) The Council shall cause the Registrar to keep
a roll (to be known as the Roll of Dental Auxiliaries) in
which shall be entered the names, addresses and qualifica-
tions, and such other particulars as may be prescribed, of
all persons who apply in the prescribed manner to be en-
rolled as members of one or more of the prescribed classes
of dental auxiliaries and are so enrolled pursuant to section
11.
(2) The roll shall be so kept that a separate part there-
of is allocated to each prescribed class of dental auxiliary.
(3) The roll shall be open to inspection by any mem-
ber of the public at all reasonable times, and a copy of the
roll shall be published in the Gazette by the Registrar at
such times and in such manner as may be prescribed.
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DENTAL 8.01
(4) For the purposes of this Act, a person is enrolled
as a member of a prescribed class of dental auxiliary if his
name appears in that part of the roll allocated to that pre-
scribed class.
11.-(1) Any person who- Enrolmen 1.
(a) applies to the Council in the prescribed form for
enrolment as a member of a prescribed class of
dental auxiliary; and
(b) satisfies the Council that he-
(i) possesses the prescribed qualifications;
(ii) is of good character; and
(iii) is a fit and proper person to practise as a
member of the prescribed class of dental
auxiliary in respect of which his application
is made; and
(c) pays such enrolment fee as may be prescribed,
shall be entitled to be enrolled as a member of that pre-
scribed class of dental auxiliary.
(2) Notwithstanding the provisions of subsection (l),
(a) applies within six months after the 19th September,
1974, to the Council in the prescribed form for en-
rolment as a member of any prescribed class of
dental auxiliary; and
if any person-
(b) satisfies the Council that he-
(i) is of good character; and
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DENTAL
(ii) performed the functions prescribed in rela-
tion to that class of dental auxiliary through-
out the five years immediately preceding the
19th September, 1974, or such other period
in lieu thereof as may be prescribed and
gained sufficient experience to enable him to
perform those functions satisfactorily; and
(c) pays such registration fee as may be prescribed,
the Council shall, after considering the application and
making such other enquiries as it thinks fit, direct that he
be enrolled as a member of that class of dental auxiliary.
(3) The Registrar shall issue to every person enrolled
as a member of any prescribed class of dental auxiliary
under this Act, a certificate of enrolment in the prescribed
form.
Corrections 12 .41) It shall be the duty of the Registrar- of register
or roll.
(a) to remove from the register or the roll, as the case
may be, any entry which the Council under sub-
section (2) of this section or under paragraph (ii)
of subsection (1) of section 13, directs him to
remove;
(b) to restore to the regislter or roll, as the case may
be, any entry which the Council iinder subsection
(3) of this section or under subsection (2) of seotion
13, directs him to restore;
(c) to correct in accordance with the Council’s direc-
tions, any entry in the register or roll, as the case
may Fe, which the Council directs him to correct
-
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DENTAL 9
as being in the opinion of the Council an entry
which was incorrectly made; and
(d) to make from time to time any necessary altera-
tions in any of the particulars mentioned in sub-
section (1) of section 8 and subsection (1) of section
10 respectively.
(2) If the Registrar-
(a) sends by post to any person registered or enrolled
under this Act, a registered letter addressed to him
at his address appearing in the register or roll,
as the case may be, enquiring whether he has
ceased to practise his profession or has changed
his address and receives no reply to that letter
within three months from the date of posting it;
and
(b) upon the expiration of that period sends in like
manner to that person a second similar letter and
receives no reply to that letter within three months
from the date of posting it,
the Council may direct the Registrar to remove from the
register or the roll, as the case may be, the name of that
person.
(3) The Council may at any time direct the Registrar
to restore to the register or the roll, as the case may be,
any name removed therefrom under subsection (2).
13.-(1) If any person registered or enrolled under this
(a) to be suffering from any illness rendering him un-
fit to practise as a dentist or to perform satis-
and striking
Off. Act, is found, upon enquiry by the Council-
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10 DENTAL
factorily the functions of a prescribed class of
dental auxiliary in respect of which he is enrolled,
as the case may be; or
(b) to have procured his registration or enrolment, as
the case may be, under this Act as a result of any
misleading, false or fraudulent misrepresentations;
or
(c) to have been convicted of a criminal offence; or
(d) to be guilty of dishonesty, negligence or incompe-
tence in the performance of his functions as a
dentist or dental auxiliary, as the case may be, or
of conduct that is unprofessional or unbecoming
to a dentist or dental auxiliary, as the case may be,
the Council may, if it thinks fit-
(i) in the case of the matters specified in para-
graphs (b), (c) and (4, censure him, or
(ii) in the case of the matters specified in para-
graphs (a), (b), (c) and (d) suspend his registra-
tion for a period not exceeding two years,
or direct the Registrar in writing to remove
his name from the register or roll, as the case
may be.
(2) The Council may at any time, if it thinks just,
direct the Registrar to restore to the register or roll, as the
case may be, any name removed therefrom under subsection
(1).
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DENTAL
(3) The Council shall, as soon as practicable after-
(a) the registration or enrolment of any person has
been suspended; or
(b) the name of any person has been removed from
the register or roll; or
(c) the name of any person which was so removed is
restored,
cause a notice of the appropriate fact to be published in the
Gazette.
(4) Whenever the name of any person has been re-
moved from the register or from the roll, as the case may be,
the Council may in writing require such person to return
to the Registrar his certificate of registration or certificate
of enrolment, as the case may be, and that person shall
comply with that requirement.
14 .41 ) There is hereby established for the purpose of The
Tribunal. hearing appeals from the decisions of the Council a Dental
Appeal Tribunal (hereinafter referred to as “the Tribunal”).
(2) The provisions of the Third Schedule shall have Third
Schedule. effect as to the constitution of the Tribunal and otherwise
in relation thereto.
15.41) Any person who is aggrieved by the refusal of Appea! to
the Tribunal. the Council to register him as a dentist or to enrol him as
a member of any prescribed class of dental auxiliary under
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12 DENTAL
this Act or by its decision to censure him or suspend his
registration or enrolment, or to cause his name to be re-
moved from the register or the roll, may appeal to the
Tribunal against such refusal or decision within such time
and in such manner as may be prescribed.
(2) The Tribunal may-
(a) at the hearing of an appeal against refusal of regis-
tration or enrolment, dismiss the appeal, or allow
the appeal and direct the Council to cause the
registration or enrolment to be effected;
(b) at the hearing of an appeal other than an appeal
against refusal of registration or enrolment-
dismiss the appeal and confirm the decision
of the Council; or
allow the appeal and set aside the decision
of the Council; or
allow the appeal and direct that the dis-
ciplinary proceedings in respect of which the
decision of the Council was made be recon-
ducted by the Council; or
set aside the punishment inflicted by the
Council and impose in substitution therefor
such other less severe punishment men-
tioned in subsection (1) of section 13 as the
Tribunal may think proper.
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DENTAL 13
(3) Upon allowing an appeal from any decision of the
Council wider subsection (1) of section 13, the Tribunal shall
cause notice of its decision to be published in the Gazette and
shall, 'in the event of the appellant's certificate having been
returned under subsection (4) of section 13, direct such certi-
ficate to be returned to him.
16.-41) Any person who- Offences
and sppli-
catlon.
(a) procures or attempts to procure regishation or enrol-
ment for himself or for any other person by making or
producing, or causing to be made or produced, any
false or fraudulent representation or declaration either
verbally or in writing or otherwise;
(b) wilfully makes, or causes to be made, any falsification
in any matter relating to the register or to the roll;
. .
' . (c) forges, or uses; or lends. to, or 'allows t'o be used by
, . . , . . any . other . person . any certificate issued under this' Act;
> ,
'or
(d) makes or has in his possession any document so closely
resembling such certificate as to be caloulated to
deceive,
shall be guilty of an offence and shall be liable on sum-
mary conviction before a Resident Magistrate to a fine not ex-
ceeding one million dollars or to imprisonment for a term not 7QIJll
exceeding two years, or to both such fine and imprisonment. S C ~ .
(2) 'Any person who, not being registered as a den-
tist or enrolled as a member of a prescribed class of dental
' auxiliary, as the case may be, under this Act-
(a) takes or uses any name, title, addition or description
implying or calculated to lead persons to believe that
he is registered as a dentist or enrolled as amember
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of any prescribed class of dental auxiliary, or that he is
recognized 'by law as a person authorized or qualified
to practise dentistry or to perform the functions pres-
cribed in relation to any prescribed class of dental auxi-
liary, as the case may be; or
(b) assumes or uses any affix indicative of any occupa-
tional designation relating to the practice of dentistry or
the functions of any prescribed class of dental auxiliary;
or
(c) advertises or holds himself out as a person authorized
or qualified to practise dentistry or to perform the func-
tions prescribed 'in relation to any prescribed class of
dental auxiliary,
shall be guilty of an offence h d shall be liable on sum-
mary conviction before a Resident Magistrate to a fine not ex-
ceeding one million dollars or to imprisonment for a term not
exceeding twelve months or to both such fine and imprisonment.
(3) Any person who-
. (a) not being registered as a dentist. under this Act
practises that profession; or
(b) not being enrolled as a member of a prescribed class
of dental auxiliary under this Act performs the func-
tions prescribed in relation to that prescribed class of
dental auxiliary; or
(c) being registered as a dentist under this Act, allows a
person not so registered to practise dentistry on any
premises used by that registered dentist in the perfor-
mance of his professional duties,
shall be guilt) of an'offence and shall be liable on sum-
mary conviction before a Resident Magistrate to a fine not
exceeding one million doll& or to imprisonment for a
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DENTAL 15
term not exceeding twelve months, or to both such fine and
imprisonment.
(4) The provisions of subsection (3)' shall not apply
to- .
(a) any person acting under the direct supervision of a
registered dentist and who does not cany out any
operations within the oral cavity; or
(b) any person registered or licensed under any other
law who performs or provides any service which he
' is authorized or entitled to perform thereunder; or
, (c) the practice of dentistry by a registered medical practi-
tioner; or
. (6) any student of dentistry or medicine performing dental
services approved by their respective faculties as a part
of their course of instruction in dentistry or medicine as
the case may be, or' part of any examination in relation
thereto; or . . .
(e) any services approved by the Council to be performed
by any person in the course of his training for enrol-
ment as a member of any prescribed class of dental
auxiliary; or
V) the domestic administration of family remedies or treat-
ment.
117.-(1) The Council may, with the approval of the Minister, Regulations.
make regulations generally for the proper carrying out of the
m - provisions and purposes of this Act, and in particular but with-
out prej;dice to the generality of the foregoing, may make
regulations-
(a) prescribing the requirements which shall be satisfied as
. a prerequisite for registration-as a dentist or enrolment
.- .. . .
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as a"member of any prescribed class of dental auxiliary
and all other matters pertaining to such registration or
enrolment;
(b) providing for temporary registration of dentists, or tem-
porary registration of dental auxiliaries; .
(c) the manner in which any additional qualifi-
cations obtained by a person in the subject in respect of
which he is registered or enrolled, as the case may be,
or related thereto, may be added to those particulars
already entered in relation to him in the register or the
roll, as the case may be, and the procedure to be fol-
lowed to ensure that the particulars entered in the regis-
ter and roll are kept up to date;
(d) prescribing fees; .
(e) with respect to the conduct of examinations as specified
in paragraph (c) of section 4 and the fees to be paid in
respect of such examinations;
(f) prescribed the manner in which enquiries or,discipli-
nary proceedings may be instituted before the Council,
the procedure ,to be followed in the conduct of such
proceedings and matters incidental to or consequential
on such proceedings;
(g) prescribing the manner of appealing to the Tribunal,
and as to the proceedings in any such appeal and
matters incidental .to or.consequentia1 on such proceed-
ings; . . . _ .
(h) providing for the establishment; maintenanck ano oper-
ation of schools for the training of persons for enrol-
ment as members of the prescribed classes of dental
auxiliaries, and design'ating from time to time,' institu-
tions as recognized or affiliated places for such train-
ing;
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DENTAL
( i ) regulating the curricula of study and programme of
training to be followed by persons for enrolment as
members of any class of dental auxiliary, and the exam-
inations to be passed by such persons;
01 specifying the conditions and qualifications for admis-
sion to training of persons for enrolment as members of
any class of dental auxiliary;
(k) prescribing the classes of dental auxiliaries and the
nature of the functions of each class so prescribed, the
, conditions under which those functions may be per-
formed and any other matters relating to those func-
tions;
(I) prescribing conditions relating to the enrolment of per-
sons trained outside of Jamaica as members of any pres-
cribed class of dental auxiliary;
(m) prescribing any other matter or thing which may be,
or is required by this Act to be prescribed.
(2) Regulations made under this section may contain
, different provisions for dentists and for each prescribed class of
dental auxiliary.
(3) Notwithstanding section 29(b) of the Interpretation 71201 I
Act, regulations made under this section may provide in respect SCh
of a breach of any of the provisions thereof for the imposition of
penalties on summary conviction in a Resident Magistrate's
Court of a fine not exceeding one million dollars or imprison-
ment for a term not exceeding twelve months or both such fine
and imprisonment.
18.-(1) The Minister may, by order subject to affirmative Minister
resolution, amend the monetary penalties specified in this Act. gizd
penalties.
7001 l
I _ . . Sch.
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DENTAL
FIRST SCHEDULE (Section 3)
Constitution
of the Council
Tenure of
office.
Chairinan.
Acting
appointments.
Resignations.
Forfeiture
of member-
ship.
RevoCation
of appoint-
ments.
Filling of
vacancies.
I . The Council shall consist of-
(a) the holder for the time being of the senior dental post in the
Mhistry responsible for health, and the Director of the school
established by Government for the training of persons for enrol-
ment as members of the prescribed classes of dental auxiliary
, (hereinafter referred to as "ex officio members"); and
(6) nine other persons appointed by the Minister in the following man-
ner-
(i) seven registered dentists elected by the body recognized
by the Minister as being representative of the registered
dentists in Jamaica;
(ii) two persons, not being registered dentists, silected by the
the Minister from a panel of three persons nominated
by the seven registered dentists elected under paragraph (I ).
2. The appointment of a member of the Council (other than ex
oficio members) shall, subject to the provisions of this Schedule be
for a period not exceeding three years and such member shall be eligible
for reappointment, so, however, that no such member shall hold office
for a period exceeding six consecutive years.
3. The Minister shall appoint one of the members of the Council
'
to be chairman thereof.
4. If any member of the Council other than the chairman, is absent
or unable to act, the Minister may appoint any person to act in the
place of that member.
, , 5 4 1 ) Any member of the Council, other than the ,chairman and the
ex oficio members, may at any time resign his office by instrument in
writing addressed to the Minister and transmitted through the chair-
man and from the date of receipt by the Minister of such instrument
that member shall cease to be a member of the Council.
(2) The chairman may at any time resign his office by instrument
in writing addressed to the Minister and such resignation shall take
effect as from the date of receipt by the Minister of that instrument.
6. Any member other than an ex oficio member who fails to attend
three consecutive meetings of the Council without' excuse acceptable
to the Council shall cease to be a member thereof.
7. The Minister may at any time revoke any appointment made by
him under this Schedule.
8. If any vacancy occurs in the membership of the Council such
vacancy shall be filled by the appointment of another member who
shall, subject to the provisions of this Schedule, hold office for the
remainder of the period for which the previous member was appointed,
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DENTAL
I
19
so, however, that such appointment shall be made in the same manner
and from the same category of persons as the appointment of the
previous member.
9. The names of all members of the Council as first constituted Gazetting
and every change in the membership thereof shall be published in of.member-
the Gazette. ship.
10. The funds of the Council shall consist of such moneys as may Fundsof
from time to time be placed at its disposition for the purposes of this thecouncil.
Act by Parliament, and such other moneys as may be lawfully paid
to the Council.
11. The Council shall keep proper accounts of its receipts, payments, Accounts
assets and liabilities and such accounts shall be audited annually by andaudit.
an auditor appointed in each year by the Council with the approval of
the Minister.
Minister on or before the thirtieth day of June a report of its proceed- portsand
ings during the twelve months ending on the thirty-first day of March in
that year, including a statement of its accounts audited in accordance
with paragraph 11.
(2) The Council shall on or before the thirty-first day of October
in each year submit to the Minister for approval its estimates of
revenue and expenditure in respect of the period commencing on the
first day of April next following and ending on the thirty-first day of
March of the subsequent year.
1 3 . 4 1 ) The seal of the Council shall be kept in the custody of the Sealand
chairman or the Registrar and shall be &ed to instruments pursuant executionof
to a resolution of the Council in the presence of the chairman, or any
other member of the Council, and the Registrar.
(2) The seal of the Council shall be authenticated by the sig-
natures of the chairman, or any other member authorized to act in that
behalf, and the Registrar.
(3) All documents, other than those required by law to be under
seal made by, and all decisions of, the Council may be signified under
the hands of the chairman, or any other member authorized in that
behalf, and the Registrar.
14.41) The Council shall meet at such times as may be expedient Procedure
for the transaction of its business, and such meetings shall be held at andmeet-
such places and times and on such days as the Council may determine. h s .
(2) The chairman may at any time call a special meeting of the
Council and shall call a special meeting within fourteen days of the
receipt of a written requisition for that purpose addressed to him by
any two members of the Council.
(3) The chairman shall preside at all meetings of the Council at
which he is present, and in the case of the chairman’s absence from
[The inclusion of this page is authorized by L.N. 248/1975]
1 2 . 4 1 ) The Council shall in each year prepare and submit to the Annualre-
.
20 DENTAL
Committee.
Protection
of members.
Remunera-
tion of
members.
Members
not public
officers.
Constitution
of the
Advisory
Committee.
any meeting, the members present and constituting a quorum shall elect
one of their number to preside at that meeting.
(4) A quorum of the Council shall be five.
(5 ) The decisions of the Council shall be by a majority of votes,
and, in addition to an original vote, the chairman or other person
presiding at a meeting shall have a casting vote in any case in which
the voting is equal.
(6) Minutes in proper form of each meeting of the Council shall
be kept.
(7) The validity of the proceedings of the Council shall not be
affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.
15.-(1) The Council may appoint such committees as it thinks fit
and may delegate to any committee so appointed the power and
authority to carry out on its behalf such functions as the Council may
determine, so, however, that no such committee shall have the power
to make regulations.
(2) The constitution of each committee shall be determined by
the Council.
(3) A committee appointed pursuant to this paragraph may in-
clude persons who are not members of the Council.
(4) The provisions of paragraph 16 shall apply to a member
of a committee who is not a member of the Council in like manner as
they apply to a member of the Council.
16.-(1) No member of the Council shall be personally liable for any
act or default of the Council done or omitted to be done in good faith
in the course of the operations of the Council.
(2) Where any member of the Council is exempt from liability
by reason only of the provisions of this paragraph, the Council shall
be liable to the extent that it would be if the member was a servant
or agent of the Council.
17. There shall be paid from the funds of the Council to the chair-
man and other members of the Council such remuneration whether by
way of honorarium, salary or fees, and such allowances as the Minister
may determine.
18. The office of chairman or member of the Council shall not be
a public office for the purposes of Chapter V of the Constitution of
Jamaica.
SECOND SCHEDULE (Section 5)
1. The Advisory Committee shall consist of the holder for the time
being of the senior dental post in the Ministry responsible for health,
and the Director of the school established by Government for the
training of persons for enrolment as members of the prescribed class
of dental auxiliaries or his nominee, and such number of other persons
(hereinafter referred to as “appointed members”) not being less than
five nor more than seven as the Minister may from time to time appoint.
[The inclusion of this page is authorized by L.N. 248119751
DENTAL 21
2. The appointed members of the Advisory Committee shall, subject ~~~~~~~f
to the provisions of this Schedule, hold office for such period not officeof
exceeding three years as the Minister may determine and shall be members.
eligible for reappointment.
3. The Minister shall appoint one of the members of the Advisory Chairman.
Committee to be chairman thereof.
4. The Minister may appoint any person to act in the place of any Acting
member of the Advisory Committee in the case of the absence or in- ze$F-
ability to act of that member.
5.-(1) Any appointed member of the Advisory Committee other Resigna-
than the chairman may at any time resign his office by instrument in tlons*
writing addressed to the Minister and transmitted through the chair-
man and from the date of the receipt by the Minister of such instru-
ment that member shall cease to be a member of the Advisory Com-
mittee.
(2) The chairman may at any time resign hisoffice by instru-
ment in writing addressed to the Minister and such resignation shall
take effect as from the date of receipt by the Minister of that instrument.
6. Any appointed member who fails to attend three consecutive Forfeiture
meetings of the Advisory Committee without excuse acceptable to the ofmember-
committee shall cease to be a member thereof.
7. The Minister may at any time revoke any appointment made by Revoafibn
of appomt-
Snents. him under this Schedule.
8. If any vacancy occurs among the appointed members of the Fillingof
Advisory Committee, such vacancy shall be filled by the appointment ~cancies .
of another member who shall, subject to the provisions of this Schedule,
hold office for the remainder of the period for which the previous
member was appointed.
9. The names of all members of the Advisory Committee as first Gazetting
constituted and every change in the membership thereof shall be pub- iofmember-
10.41) The Advisory Committee shall meet at such times as may Procedure
be expedient for the transaction of its business, and such meetings mtmeetings.
shall be held at such places and times and on such days as the Advisory
Committee may determine.
(2) The chairman may at any time call a special meeting of the
Advisory Committee and shall call a special meeting within seven days
of the receipt of a written requisition for that purpose addressed to him
by any two members of the Advisory Committee.
(3) The chairman shall preside at all meetings of the Advisory
Committee at which he is present, and in the case of the chairman's
absence from any meeting, the members present and constituting a
quorum shall elect one of their number to preside at that meeting.
(4) A quorum of the Advisory Committee shall be three.
m e inclusion of this page is authorized by L.N. 248/1975]
ship.
lished in the Gazette. 'ghlJ).
22 DENTAL
Power to
co-opt
members.
Remunera-
tion of
members.
Members
not public
officers.
Constitu-
tion of the
Tribunal.
Tenure of
office of
members.
Acting
appoint-
ments.
Resigna-
tions.
Revocation
of appoint-
ments.
Filling o f
vacancies.
( 5 ) The decision of the Advisory Committee shall be by a
majority of votes, and, in addition to an original vote, the chairman
or other person presiding at a meeting, shall have a casting vote in
any case in which the voting is equal.
(6) Minutes in proper form of each meeting of the Advisory
Committee shall be kept.
(7) The validity of the proceedings of the Advisory Committee
shall not be affected by any vacancy amongst the members thereof or
by any defect in the appointment of any member thereof.
11. The Advisory Committee shall, notwithstanding the provisions
of paragraph 1, have power at any time to co-opt not more than two
persons to assist in the carrying out of its functions.
12. There shall be paid to the chairman and other members of the
Advisory Committee such remuneration whether by way of honorarium,
salary or fees, and such allowances as the Minister may determine.
13. The office of chairman or member of the Advisory Committee
shall not be a public office for the purposes of Chapter V of the Con-
stitution of Jamaica.
THIRD SCHEDULE (Section 14(2))
1. The Tribunal shall consist of a chairman and two members
appointed by the Minister, sitting together.
2. The members of the Tribunal shall, subject to the provisions of
this Schedule, hold office for such period not exceeding three years
as the Minister may determine and shall be eligible for reappointment.
3. The Minister may appoint any person to act in the place of the
chairman or any other member of the Tribunal in the case of the
absence or inability to act of the chairman or other member.
4 .41) Any member of the Tribunal other than the chairman may at
any time resign his office by instrument in writing addressed to the
Minister and transmitted through the chairman and from the date of
the receipt by the Minister of such instrument that member shall cease
to be a member of the Tribunal.
(2) The chairman may at any time resign his office by instrument
in writing addressed to the Minister and such resignation shall take
effect as from the date of receipt by the Minister of that instrument.
5. The Minister may at any time revoke the appointment of any
member of the Tribunal if he thinks it expedient so to do.
6. If any vacancy occurs in the membership of the Tribunal such
vacancy shall be filled by the appointment of another member.who
shall, subject to the provisions of this Schedule hold office for the
remainder of the period for which the previous member was appointed.
phe inclusion of this page is authorized by LN. 248/1975]
DENTAL 23
7. The names of all members of the Tribunal as first copstituted and Publication
every change in the membership thereof shall be pubhshed in the $Ymber-
Gazette.
8. There shall be paid to the chairman and other members of the bmunera-
Tribunal such remuneration whether by way of honorarium, salary or EALrs.
fees, and such allowances as the Minister may determine.
9. The decision of the Tribunal shall be by a majority of votes of voting.
the members and in addition to an original vote, the chairman shall
have a casting vote in any case in which the voting is equal.
10. Subject to the provisions of this Act, the Tribunal may regulate pro-
its own proceedings. ceedings.
11. The office of chairman or member of the Tribunal shall not be Members
a public office for the purposes of Chapter V of the Constitution of ~ ~ c ~ ) . l l C
JaIllaiCa.
[The inclusion of this page is authorized by L.N. 248119751
