Statutory Instruments
2006 No. 1440

HEALTH CARE AND ASSOCIATED PROFESSIONS
PROFESSIONS COMPLEMENTARY TO DENTISTRY
The General Dental Council (Professions Complementary to Dentistry) Regulations Order of Council 2006

Made
31st May 2006

Laid before Parliament
2nd June 2006

Laid before the Scottish Parliament
6th June 2006

Coming into force
31st July 2006

At the Council Chamber, Whitehall, the 31st day of May 2006

By the Lords of Her Majesty’s Most Honourable Privy Council

The General Dental Council have made the General Dental Council (Professions Complementary to Dentistry) Regulations 2006 as set out in the Schedule to this Order.
In accordance with section 36A(4) of the Dentists Act 1984(1) such Regulations shall not come into force until approved by order of the Privy Council.

Having considered the Regulations, their Lordships approve them.

This Order may be cited as the General Dental Council (Professions Complementary to Dentistry) Regulations Order of Council 2006 and shall come into force on 31st July 2006.

A K Galloway
Clerk of the Privy Council

SCHEDULEThe General Dental Council (Professions Complementary to Dentistry) Regulations 2006

The General Dental Council make the following Regulations in exercise of their powers conferred under section 36A(2) and (3) and 52(1A) and (1B) of the Dentists Act 1984(2).
The General Dental Council have consulted in accordance with section 36A(5) of that Act.
Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the General Dental Council (Professions Complementary to Dentistry) Regulations 2006 and shall come into force on 31st July 2006.

(2) In these Regulations—

“the Act” means the Dentists Act 1984; and

“the appointed day” means the day on which these Regulations come into force.

Specified professions complementary to dentistry and specified titles

2.  In the following Table—

(a)the professions complementary to dentistry listed in the column headed “Profession” are specified for the purposes of section 36A(2) of the Act (professions complementary to dentistry); and

(b)the titles which apply to a specified profession are those listed in the corresponding entry in the column headed “Titles”.

Profession
Titles

The profession pursued by clinical dental technicians
clinical dental technician, clinical dental technologist, denturist

The profession pursued by dental nurses
dental nurse, dental surgery assistant

The profession pursued by dental technicians
dental technician, dental technologist

The profession pursued by orthodontic therapists
orthodontic therapist, orthodontic auxiliary

Transitional provisions applying to certain dental nurses and dental technicians: registration

3.—(1) This regulation applies to a person who—

(a)makes an application to be registered in the dental care professionals register under the titles which apply to the professions pursued by dental nurses or dental technicians within the period of two years beginning with the appointed day, and

(b)satisfies the registrar of matter D, as specified in section 36C(6)(3) of the Act (qualifications for registration),

but who is unable to satisfy the registrar of matter A, B or C, as specified in section 36C(2), (3) or (4) of the Act.

(2) The registrar may register a person to whom this regulation applies in the dental care professionals register under the titles which apply to the profession pursued by dental nurses—

(a)if that person’s name is included in the dental nurses' voluntary register on the date of his application for registration in the dental care professionals register under those titles;

(b)if that person has a minimum of four years' practical experience as a dental nurse, or its equivalent on a part-time basis, gained in the eight years immediately preceding the date of his application to be registered in the dental care professionals register under those titles; or

(c)if that person—

(i)has a minimum of two but less than four years' practical experience as a dental nurse, or its equivalent on a part-time basis, gained in the eight years immediately preceding the date of his application to be registered in the dental care professionals register under those titles, and

(ii)satisfies the requirements of paragraph (2) of regulation 4.

(3) The registrar may register a person to whom this regulation applies in the dental care professionals register under the titles which apply to the profession pursued by dental technicians—

(a)if that person’s name is included in the dental technicians' voluntary register on the date of his application for registration in the dental care professionals register under those titles; or

(b)if that person has a minimum of seven years' practical experience as a dental technician, or its equivalent on a part-time basis, gained in the ten years immediately preceding the date of his application to be registered in the dental care professionals register under those titles.

(4) In this regulation—

“the dental nurses' voluntary register” means the Voluntary National Register of Dental Nurses maintained by the British Association of Dental Nurses(4); and

“the dental technicians' voluntary register” means the National Register of Dental Technicians maintained by the Dental Technicians Association(5).

Regulation 3(2)(c): supplementary provisions

4.—(1) The Council shall specify and publish details of—

(a)the areas of practice as a dental nurse in relation to which a person must demonstrate knowledge and skills (known in this regulation as “modules”);

(b)a registration assessment for dental nurses covering all the modules specified in accordance with sub-paragraph (a) (known in this regulation as an “ARA” (Access to Registration Assessment)); and

(c)a programme of registration training for dental nurses in each of the modules specified in accordance with sub-paragraph (a) (known in this regulation as an “ART” (Access to Registration Training)).

(2) The requirements of this paragraph are that the person who is applying to be registered in the dental care professionals register under the titles which apply to the profession pursued by dental nurses satisfies the registrar that—

(a)he has satisfactorily completed an ARA; or

(b)in relation to each module specified in accordance with paragraph (1)(a)—

(i)he has satisfactorily completed an ART, or

(ii)he possesses the knowledge and skills necessary to practise as a dental nurse in the United Kingdom.

(3) The Council shall establish and publish, in relation to each module specified in accordance with paragraph (1)(a), criteria to which they are to have regard for the purposes of determining whether a person possesses the knowledge and skills necessary to practise as a dental nurse in the United Kingdom for the purposes of paragraph (2)(b)(ii).

Transitional provision applying to dental nurses and dental technicians: use of title

5.  Notwithstanding section 39(2A)(6) of the Act (prohibition on use of practitioners' titles by laymen), it shall not be an offence—

(a)for a person who is not registered in the dental care professionals register under the title of dental nurse or dental surgery assistant to take or use the title of dental nurse or dental surgery assistant, or

(b)for a person who is not registered in the dental care professionals register under the title of dental technician or dental technologist to take or use the title of dental technician or dental technologist,

within the period of two years beginning with the appointed day.

Given under the official seal of the General Dental Council on 15th May 2006

L.S.
Hew Byrne Mathewson
President

Antony John Townsend
Registrar

Explanatory Note

(This note is not part of the Order)
This Order, which is made under the Dentists Act 1984, approves Regulations made by the General Dental Council specifying professions complementary to dentistry and titles applying to each specified profession.
Regulation 2 specifies the professions pursued by dental nurses, dental technicians, clinical dental technicians and orthodontic therapists. The effect of specification in the Regulations is that those professions are brought within the system of regulation set out in Part 3A of the Dentists Act 1984.
Regulations 3 and 4 contain transitional provisions regarding the entitlement to registration of certain dental nurses and dental technicians, and regulation 5 contains an exemption from the offence contained in section 39 of the Dentists Act 1984 regarding the use of the titles specified in relation to the professions pursued by dental nurses or dental technicians. The transitional provisions apply for a period of two years following the coming into force of these Regulations.


(1)
1984 c. 24; section 36A was inserted by S.I. 2005/2011.

(2)
1984 c. 24; section 52 was amended by S.I. 2005/2011.

(3)
Section 36C was inserted by S.I. 2005/2011.

(4)
The British Association of Dental Nurses is at 11 Pharos Street, Fleetwood, Lancashire FY7 6BG.

(5)
The Dental Technicians Association is at PO Box 6520, Northampton, NN3 9ZX.

(6)
Section 39 was amended by S.I. 1996/1496 and 2005/2011.