On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 20/04/2011.
49B.
—(1) The Council may, from time to time, appoint one or more committees each comprising 3 of its members, to be known for the purposes of this Act as Interim Orders Committees, to inquire into any matter referred by the Council under subsection (4).
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(2) The Council shall appoint one of the members of the Interim Orders Committee as chairman of that Committee.
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(3) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.
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(4) The chairman of the Complaints Panel, a Complaints Committee, a Disciplinary Committee or the Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 49C; and the Council shall refer the complaint or information to an Interim Orders Committee for this purpose.
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(5) A member of a Complaints Committee or Disciplinary Committee inquiring into any matter shall not be a member of an Interim Orders Committee inquiring into or reviewing that matter.
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(6) A member of an Interim Orders Committee inquiring into or reviewing any matter shall not be a member of a Complaints Committee or Disciplinary Committee inquiring into that matter, or take part in any deliberation of the Council under section 49(8) in respect of that matter.
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(7) Neither the chairman of the Complaints Panel nor any member of the Health Committee shall be a member of an Interim Orders Committee.
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(8) All members of an Interim Orders Committee shall vote on any question arising at a meeting of the Interim Orders Committee and such question shall be determined by a majority of votes.
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(9) A member of an Interim Orders Committee which has commenced any inquiry or review of any case shall, notwithstanding that he has ceased to be a member of the Council, continue to be a member of the Interim Orders Committee until completion of that inquiry or review.
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49C.
—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registered dentist or registered oral health therapist, for his registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order —
(a)
that his registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (referred to in this Division as an interim suspension order); or
(b)
that his registration be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such requirements so specified as the Interim Orders Committee thinks fit to impose (referred to in this Division as an order for interim restricted registration).
(2) The Registrar shall immediately serve a notice of the order under subsection (1) on the registered dentist or registered oral health therapist.
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49D.
—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 49C, the Interim Orders Committee or another Interim Orders Committee appointed in its place —
(a)
shall review the order within the period of 6 months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and
(b)
may review the order where new evidence relevant to the order has become available after the making of the order.
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(2) Where the High Court has extended the order under section 49G(2) or an Interim Orders Committee has made a replacement order under section 49E(1)(c) or (d), the first review after such extension or making of the replacement order shall take place —
(a)
if the order (or the order which has been replaced) had not been reviewed under subsection (1), within the period of 6 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be; or
(b)
if the order had been reviewed under subsection (1), within the period of 3 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be.
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49E.
—(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 49C in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review referred to in section 49D or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee —
(a)
revoke the order or revoke any condition imposed by the order;
(b)
make an order varying any condition imposed by the order;
(c)
if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered dentist or registered oral health therapist concerned, or that the registered dentist or registered oral health therapist has not complied with any requirement imposed as a condition of his registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or
(d)
if satisfied that the public interest or the interests of the registered dentist or registered oral health therapist concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former.
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(2) The Registrar shall immediately serve a notice of the decision under subsection (1) on the registered dentist or registered oral health therapist.
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49F.
—(1) No order under section 49C or 49E(1)(b), (c) or (d) shall be made by an Interim Orders Committee in respect of any registered dentist or registered oral health therapist unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his case.
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(2) For the purposes of subsection (1), the registered dentist or registered oral health therapist may be represented before the Interim Orders Committee by counsel.
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(3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered dentist or registered oral health therapist in respect of whom an interim suspension order or an order for interim restricted registration has been made shall, if he so requires, be entitled to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during such review.
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49G.
—(1) The Council may apply to the High Court for an order made under section 49C or 49E(1)(c) or (d) to be extended, and may apply again for further extensions.
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(2) On such an application, the High Court may extend (or further extend) for up to 12 months the period for which the order has effect.
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(3) The High Court may, on application by the registered dentist or registered oral health therapist concerned —
(a)
in the case of an interim suspension order, revoke the order;
(b)
in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order; and
(c)
in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it).
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49H.
—(1) An interim suspension order or an order for interim restricted registration shall be in force until —
(a)
the end of the period specified in the order or, if extended under section 49G(2), in the order extending it; or
(b)
the date on which proceedings are concluded,
whichever is the earlier.
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(2) For the purposes of subsection (1)(b), proceedings are concluded if —
(a)
the Complaints Committee inquiring into the complaint or information has made an order under section 36(1)(a) and —
(i)
no appeal to the Minister under section 36(6) or (7) was made against that decision within the period specified in that section or such an appeal was withdrawn; or
(ii)
the Minister made an order under section 36(8)(a) or (c);
(b)
the Disciplinary Committee inquiring into the complaint or information has made an order under section 40(2) which has taken effect, or has dismissed the complaint or matter under section 41(16); or
(c)
the Health Committee has made an order under section 49(1) which has taken effect, the Council has made an order under section 49(8) which has taken effect, or the Health Committee has dismissed the complaint or matter,
as the case may be.
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49I.
—(1) While a person’s registration in an appropriate register is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in the appropriate register.
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(2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered dentist or registered oral health therapist shall be revived as from the date of such expiry or revocation, provided that he has complied with all the terms of the order.
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(3) For the avoidance of doubt, sections 33 to 40, 48 and 49 shall continue to apply to a person whose registration in an appropriate register is suspended by virtue of an interim suspension order.
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49J. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him, as part of the expenses of the Council, such remuneration as the Council may determine.
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