Initial consideration by the registrar
The registrar shall consider a complaint or other information in relation to a registered dentist or a registered dental care professional, including a dentist or dental care professional whose registration is suspended, and shall determine whether a complaint or information amounts to an allegation.
Notification of allegation
(1) Where the registrar determines that a complaint or information amounts to an allegation, he shall send a notification to the respondent and the maker of the allegation (if any) accordingly. (2) The notification sent under paragraph (1) shall— (a) contain a summary of the allegation; (b) subject to rule 7(3), be accompanied by a copy of the documents in the registrar’s possession which relate to the allegation; (c) invite the respondent to respond to the allegation with written representations addressed to the Investigating Committee within a period which the registrar shall specify in the notification; and (d) where the allegation has been made by a person, inform the respondent that representations received from him may be disclosed to that person for comment. (3) Rule 65 shall apply in relation to the notification to be sent under this rule.
Meeting to consider allegation
The Investigating Committee shall hold a meeting, in the presence of the registrar but in the absence of the parties, to consider an allegation which has been referred to them.
Evidence
The Investigating Committee may, subject only to the requirements of relevance and fairness, admit any documentary evidence, whether or not that evidence would be admissible in any proceedings in a court.
Determination
(1) Subject to paragraph (2), upon consideration of an allegation the Investigating Committee may determine— (a) to adjourn consideration of the allegation and direct the registrar to carry out such enquiries as the Investigating Committee shall specify; (b) that the allegation ought not to be considered by a Practice Committee but no warning or advice ought to be given under sub-paragraph (c) or (d); (c) that the allegation ought not to be considered by a Practice Committee and that the matter should be closed by the communication to the respondent or to any other person involved in the investigation of such advice as the Investigating Committee may issue in accordance with section 27A(2) or 36O(2) of the Act (the Investigating Committee); (d) that the allegation ought not to be considered by a Practice Committee and that the matter should be closed by the communication to the respondent of such warning as the Investigating Committee may issue in accordance with section 27A(2)(a) or 36O(2)(a) of the Act; or (e) that the allegation ought to be considered by a Practice Committee. (2) The Investigating Committee shall not make a determination under paragraph (1)(b), (c), (d) or (e) unless they are satisfied that the respondent and the maker of the allegation (if any) have been provided with a reasonable opportunity to submit written representations commenting on the allegation and, subject to paragraph (3), the evidence relating to the allegation. (3) The registrar shall not disclose to the maker of the allegation any evidence relating to the health or private and family life of the respondent or a third party which has been provided by the respondent or a third party.
Enquiries following adjournment
The enquiries which the Investigating Committee may direct the registrar to carry out under rule 7(1)(a) may include— (a) specific factual enquiries; (b) the commissioning of medical or other expert reports; (c) the commissioning of an assessment of the respondent’s professional performance.
Resumed consideration of allegation
When they resume consideration of an allegation after an adjournment under rule 7(1)(a) the Investigating Committee shall deal with the matter in accordance with rule 7.
Review of previous determination
Where the Investigating Committee receive an application for review of a previous determination in accordance with section 27A(8)(b) or 36O(8)(b) of the Act, the Investigating Committee shall consider the applicant’s written representations in support of the application, after satisfying themselves that any other person entitled to make such an application has been provided with a reasonable opportunity to submit written representations in response to the application.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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