On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 20/04/2011.
49.
—(1) Where the fitness of a registered dentist or registered oral health therapist to practise dentistry is judged by the Health Committee to be impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers:
(a)
order that he pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee;
(b)
order that his registration as a dentist or an oral health therapist be suspended for such period not exceeding 12 months as may be specified in the order;
(c)
order that his registration as a dentist or an oral health therapist be conditional on his compliance, during such period not exceeding 3 years as may be specified in the order, with such requirements as may be imposed by the Health Committee for the protection of members of the public or in his interests (referred to in this Division as restricted registration); and
(d)
recommend to the Council that his name be removed from the appropriate register.
[22/2007]
(2) Where a registered dentist or registered oral health therapist in respect of whom an order for restricted registration is made under subsection (1)(c), or an interim restricted registration is made under section 49C(1)(b) or 49E(1)(d), is judged by the Health Committee to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Health Committee may, if it thinks fit, order that his registration be suspended for such period not exceeding 12 months as may be specified in the order.
[22/2007]
(3) Where the Health Committee has made an order for suspension under subsection (1) or (2), the Health Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be a restricted registration.
(3A) Where the Health Committee has made an order for suspension under subsection (1) or (2) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —
(a)
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (8) shall apply accordingly; or
(b)
order that, as from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
[22/2007]
(4) Where the Health Committee has made an order for restricted registration, the Health Committee may revoke the order or revoke or vary any of the conditions imposed by the order.
(5) Subsection (2) shall apply to a registered dentist or registered oral health therapist whose registration is a restricted registration by virtue of an order made under subsection (3) or (3A) as it applies to a registered dentist or registered oral health therapist whose registration is a restricted registration by virtue of an order referred to in subsection (1)(c), and subsection (4) shall apply accordingly.
[22/2007]
(6) Where the Health Committee has made any order under this section, or has varied the conditions imposed by an order for restricted registration, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or of the variation.
(7) While a person’s registration is suspended by virtue of this section, he shall not be regarded as being registered as a dentist or an oral health therapist notwithstanding that his name still appears in the appropriate register.
[22/2007]
(8) Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council shall by order direct that the name of the registered dentist or registered oral health therapist be removed from the appropriate register and that order shall take effect from the date it is made.
[22/2007]
(8A) Sections 37(5), (6) and (7) and 38 shall apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee shall be read as references to the Health Committee.
[22/2007]
(9) Any person who is aggrieved by an order, or any variation of the conditions imposed by an order for restricted registration, made under this section may, within 21 days of the service on him of the notification of the order, appeal to the Minister whose decision shall be final.
(10) Any order or any variation of the conditions imposed by an order for restricted registration shall take effect from the time the order or variation is made unless the Minister decides otherwise.