Dentists (Registration) (Jersey) Law 1961


Published: 2006-01-01

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Dentists (Registration) (Jersey) Law 1961

Revised Edition

20.100

Showing the law as at 1 January 2006

This is a revised edition of the law

Dentists (Registration) (Jersey) Law 1961

Arrangement

Article

1            Interpretation

2            Restriction on practice of dentistry

3            Persons who may be registered

4            Registration

5            List of registered dentists to be kept

6            Use of titles and descriptions

7            Restriction on use of practitioners’ titles

8            Procedure where the names of dentists are erased from or restored to the Dentists’ Register

9            Power of Court to cancel registration

10          Power to create classes of ancillary dental workers

11          Restrictions on employment of ancillary dental workers

12          Penalty for abuse of certificates or fraudulently obtaining registration

13          Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Dentists (Registration) (Jersey) Law 1961[1]

A LAW regulating the practice of dentistry in Jersey

Commencement [see endnotes]

1      Interpretation

(1)    In this Law, unless the context otherwise requires –

“1984 Act” means the Dentists Act 1984 of the United Kingdom;[2]

“Court” means the Inferior Number of the Royal Court;

“dentists’ register” means the register kept in pursuance of section 15 of the 1984 Act;[3]

“former Acts” means the Dentists Act 1957, the Dentists (Amendment) Act 1973 and the Dentists Act 1983 of the United Kingdom;[4]

“registered dentist” means a person registered as a dentist in pursuance of this Law and includes any person who was authorized to practise dentistry in Jersey immediately before the coming into force of this Law in pursuance of any enactment then in force, and “registered” and “registration” shall be construed accordingly;

“registered medical practitioner” means a physician or surgeon registered under the enactments for the time being regulating the exercise in Jersey of the profession of medical practitioner.

(2)    For the purposes of this Law, the practice of dentistry shall be deemed to include the performance of any such operation and the giving of any such treatment, advice or attendance as is usually performed or given by dentists, and any 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 shall be deemed to have practised dentistry within the meaning of this Law.

(3)    For the avoidance of doubt, it is declared that anything done or suffered under a provision of the former Acts shall, for the purposes of this Law, be deemed to have been done or suffered under the equivalent provision of the 1984 Act.[5]

(4)    A reference in this Law to an enactment, including an enactment of the United Kingdom, is a reference to that enactment as amended and includes a reference to that enactment as extended or applied by or under any other enactment, including any other provisions of that enactment.[6]

2      Restriction on practice of dentistry

A person who is not a registered dentist or a registered medical practitioner shall not practise or hold himself or herself out, whether directly or by implication, as practising or as being prepared to practise dentistry and a person who acts in contravention of this Article shall be liable to a fine not exceeding £5,000.[7]

3      Persons who may be registered

No person shall be registered as a dentist unless the person is duly registered as a dentist in pursuance of the 1984 Act.[8]

4      Registration

(1)    An application for registration as a dentist shall be made to the Court and shall be accompanied by either –

(a)

(i)     a copy of the last official edition of the dentists’ register published in accordance with section 22 of the 1984 Act, and

(ii)    the certificate or certificates of qualification by virtue of which the applicant was registered in the said Register; or

(b)     a certificate under the hand of the Registrar of the said Register to the effect that the applicant is registered in the said Register and specifying the applicant’s title to registration.[9]

(2)    Where the applicant is an alien, the Court may require the applicant to produce a duly authenticated certificate of good character.

(3)    The qualifications by virtue of which a person is registered as a dentist shall be set out in the Act of the Court ordering the registration.

5      List of registered dentists to be kept

The Judicial Greffier shall 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 or, in the case of a person who was authorized to practise dentistry under any enactment in force prior to the coming into force of this Law, the qualifications by virtue of which the person was so authorized.

6      Use of titles and descriptions

(1)    A registered dentist shall, by virtue of being registered, be entitled to take and use the description of dentist, dental surgeon or dental practitioner.

(2)    A registered dentist shall not take or use, or affix to or use in connection with his or her premises, any title or description reasonably calculated to suggest that the registered dentist possesses any professional status or qualification other than a professional status or qualification which he or she in fact possesses and which is indicated by particulars registered in respect of the registered dentist, and a person who acts in contravention of the provisions of this paragraph shall be liable to a fine not exceeding £50.

7      Restriction on use of practitioners’ titles

(1)    A person who is not a registered dentist or a registered medical practitioner shall not take or use the title of dentist, dental surgeon or dental practitioner, either alone or in combination with any other word, and no person shall take or use any title or description implying that the person is a registered dentist unless he or she is a registered dentist.

(2)    A person who acts in contravention of the provisions of this Article shall be liable to a fine not exceeding £500.

8      Procedure where the names of dentists are erased from or restored to the Dentists’ Register

(1)    The Court, on the motion of the Attorney General, shall order that the registration of any person be cancelled where the name of that person has been erased from the dentists’ register by direction of the General Dental Council or the Professional Conduct Committee of the Council or by the registrar of the dentists’ register under the powers respectively conferred upon them by the 1984 Act or by Regulations made under that Act.[10]

(2)    Where the name of a person in respect of whom an order under paragraph (1) has been made is restored to the dentists’ register, the Court shall, on the application of the person concerned, rescind the said order.[11]

(3)    The reference in paragraph (2) to an order made under paragraph (1) shall include a reference to an order of the Royal Court under Article 8(a) of the Loi (1939) sur l’exercise de la Dentisterie dans cette Ile.[12]

9      Power of Court to cancel registration

(1)    The Court may, on the motion of the Attorney General, order that the registration of any person be cancelled where that person –

(a)     has been convicted in Jersey of a crime or misdemeanour or has been convicted, either in Her Majesty’s dominions or elsewhere, of an offence which, if committed in Jersey, would be a crime or misdemeanour; or

(b)     has been guilty of any infamous or disgraceful conduct in a professional respect:

Provided that the Court shall 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.

(2)    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.

10    Power to create classes of ancillary dental workers

(1)    Subject to the provisions of this Article and Article 11, the States may make Regulations for the establishment of classes of ancillary dental workers to undertake dental work of kinds prescribed by the Regulations, being dental work amounting to the practice of dentistry (as defined in this Law).

(2)    Regulations under this Article may in particular make provision as respects any class so established –

(a)     for prescribing the qualifications for becoming a member of that class;

(b)     for prescribing the dental work which a member of that class may undertake and the conditions, if any, under which the member may undertake it;

(c)     for the establishment of a roll or record for that class.

(3)    Regulations under this Article may authorize members of a class of ancillary dental workers established by the Regulations to use a title indicating their membership, and a person who wilfully uses that title when the person is not authorized under the Regulations to use it shall be liable to a fine not exceeding £1,000.[13]

(4)    If a member of a class of ancillary dental workers uses any title or description reasonably calculated to suggest that he or she possesses any status or qualification connected with dentistry other than a status or qualification which he or she in fact possesses and which is indicated by particulars entered in the roll or record of the class in respect of the member, he or she shall be liable to a fine not exceeding £1,000:

Provided that where the Regulations do not provide for a roll or record of the class in which particulars of status and qualifications may be entered, this paragraph shall have effect as if the words “and which is indicated by particulars entered in the roll or record of the class in respect of the member” were omitted.[14]

(5)    Where Regulations have been made under this Article establishing a class of ancillary dental workers, further Regulations varying the provisions relating to that class or abolishing that class shall be so framed as to secure that a person belonging to that class at the time when the further Regulations are made is still permitted to do any dental work of a kind which the person was previously permitted to do:

Provided that this paragraph shall not apply where notice of the proposal to make the further Regulations, and particulars thereof, have been published in the Jersey Gazette at least one month before the day on which the Regulations are made and no person belonging to the class in question has maintained any objection to the proposal.

(6)    Where a roll or record is established for a class of ancillary dental workers, Regulations under this Article may, in particular, provide for authorizing the person in charge of the roll or record to erase from the roll or record the name of a person who, after such notices and warnings as may be prescribed by the Regulations, fails to pay a fee prescribed under paragraph (8).[15]

(7)    Article 2 shall not operate to prevent a person doing anything which the person is permitted to do by Regulations under this Article, and the prohibition contained in that Article on a person holding out as practising or being prepared to practise dentistry shall not apply to a person for the time being permitted by Regulations under this Article to practise dentistry of any particular kind.

(8)    The Minister for Health and Social Services may by Order prescribe –

(a)     a fee to be charged when a person’s name is entered on the roll or record;

(b)     a fee to be charged in respect of the retention of a person’s name in the roll or record in any year subsequent to the year in which that person’s name was first recorded; and

(c)     a fee to be charged when a person’s name is restored to the roll or record.[16]

(9)    The Subordinate Legislation (Jersey) Law 1960[17] shall apply to Orders made under this Law.[18]

11    Restrictions on employment of ancillary dental workers

(1)    Regulations under Article 10 shall not permit an ancillary dental worker of any class to undertake –

(a)     the extraction of teeth other than deciduous teeth;

(b)     except in the course of employment under an administration of the States for which a Minister is assigned responsibility, the filling of teeth or the extraction of deciduous teeth; or

(c)     the fitting, insertion or fixing of dentures or artificial teeth.

(2)    Regulations under Article 10 shall be so framed as to secure that dental work amounting to the practice of dentistry carried out by an ancillary dental worker in the course of employment under an administration of the States for which a Minister is assigned responsibility is carried out under the direction of a registered dentist, and it shall be the duty of the Minister concerned to secure that, so long as the Minister thinks it desirable, such work is only carried out after the registered dentist has examined the patient and has indicated to the ancillary dental worker the course of treatment to be provided for the patient.

(3)    Regulations under Article 10 shall be so framed as to secure that dental work amounting to the practice of dentistry carried out by an ancillary dental worker otherwise than in the course of employment under an administration of the States for which a Minister is assigned responsibility is carried out under the direct personal supervision of a registered dentist.

12    Penalty for abuse of certificates or fraudulently obtaining registration

If any person –

(a)     with intent to deceive, forges, or uses, or lends to or allows to be used by any other person, a certificate of registration or other certificate issued under the 1984 Act or makes or has in his or her possession a document so closely resembling any such certificate as aforesaid as to be calculated to deceive;

(b)     obtains or attempts to obtain registration as a dentist in pursuance of this Law by assuming the name or qualifications of another person; or

(c)     for the purpose of obtaining the entry of his or her name in any roll or record established in pursuance of Regulations made under Article 10, knowingly makes any statement or furnishes any information or makes use of any document which is false in a material particular,

the person shall be liable in respect of each offence to a fine or to imprisonment for a term not exceeding one year.[19]

13    Citation

This Law may be cited as the Dentists (Registration) (Jersey) Law 1961.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Dentists (Registration) (Jersey) Law 1961



L.19/1961



17 June 1961



Dentists (Registration) (Amendment) (Jersey) Law 1983



L.9/1983



1 January 1985 (R&O.7317)



Dentists (Registration) (Amendment No. 2) (Jersey) Law 1993



L.17/1993



25 June 1993



States of Jersey (Amendments and Construction Provisions No. 5) (Jersey) Regulations 2005



R&O.45/2005



9 December 2005



Table of Renumbered Provisions



Original



Current



13



spent, omitted from this revised edition



14



13



Table of Endnote References



[1]



This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 5) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2] Article 1(1)



definition the “1984 Act” inserted by L.17/1993



[3] Article 1(1)



definition “dentists’ register” substituted by L.17/1993



[4] Article 1(1)



definition “former Acts” inserted by L.17/1993



[5] Article 1(3)



inserted by L.17/1993



[6] Article 1(4)



inserted by L.17/1993



[7] Article 2



amended by L.17/1993



[8] Article 3



amended by L.17/1993



[9] Article 4(1)



amended by L.17/1993



[10] Article 8(1)



substituted by L.17/1993



[11] Article 8(2)



amended by L.17/1993



[12] Article 8(3)



amended by L.17/1993



[13] Article 10(3)



amended by L.17/1993



[14] Article 10(4)



amended by L.17/1993



[15] Article 10(6)



amended by L.9/1983



[16] Article 10(8)



inserted by L.9/1983



[17]



chapter 15.720



[18] Article 10(9)



inserted by L.9/1983



[19] Article 12



amended by L.17/1993