First Previous (PART I Preliminary and General) Next (PART III Registration)

9 1985

DENTISTS ACT, 1985

PART II

The Dental Council

Establishment of the Dental Council.

6. —(1) There shall, by virtue of this section, be established on the establishment day a body to be known as An Chomhairle Fiaclóireachta, or, in the English language, the Dental Council (in this Act referred to as the Council) the general concern of which shall be to promote high standards of professional education and professional conduct among dentists, and which shall, in particular, fulfil the functions assigned to it by this Act.

(2) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name, and to acquire, hold and dispose of land or any interest in land.

(3) The Council may, subject to the provisions of this Act, regulate its own procedure.

(4) The First Schedule to this Act shall apply to the Council.

Dissolution of Dental Board.

7. —(1) The Dental Board shall, on the establishment day, be dissolved by virtue of this subsection.

(2) All property, whether real or personal (including choses in action) which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for the Dental Board, and all rights, powers and privileges relating to or connected with any such property, shall, on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Council.

(3) All property transferred by this section which immediately before the establishment day was standing in the books of any bank, corporation or company in the name of the Dental Board shall, upon the request of the Council made at any time on or after the establishment day, be transferred in those books by the bank, corporation or company into the name of the Council.

(4) Every chose in action transferred by this section may, on or after the establishment day, be sued upon, recovered, or enforced by the Council in its own name and it shall not be necessary for the Council to give notice to the person bound by any such chose in action of the transfer effected by this section.

(5) Every debt or other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day is owing and unpaid and is undischarged by the Dental Board shall, on the establishment day, become and be the debt or liability of the Council and shall be paid and discharged by and may be recovered from and enforced against the Council accordingly.

(6) Every contract which was entered into and is in force immediately before the establishment day between the Dental Board and any person shall continue in force on or after the establishment day but it shall be construed and have effect as if the Council were substituted therein for the Dental Board and shall be enforceable by or against the Council accordingly.

(7) Where, immediately, before the establishment day, any legal proceedings are pending to which the Dental Board is a party, the name of the Council shall be substituted for that of the Dental Board and the proceedings shall not abate by reason of such substitution.

(8) Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Council of the property or rights transferred by this section.

(9) Any contract of service (express or implied) in force immediately before the establishment day between the Dental Board and any person shall continue in force on or after the establishment day but shall be construed and have effect as if the name of the Council were substituted therein for the name of the Dental Board and every such contract shall be enforceable accordingly by or against the Council.

Seal of Council.

8. —(1) The Council shall as soon as may be after its establishment provide itself with a seal.

(2) The seal of the Council shall be authenticated by the signature of the President of the Council or such other member thereof as may be authorised by the Council to act in that behalf and the signature of an officer of the Council authorised by the Council to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Council, and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Council shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

Membership of Council.

9. —(1) The Council shall consist of 19 members appointed in the following manner, that is to say—

(a) two persons appointed by each of the following bodies—

(i) University College Cork,

(ii) the University of Dublin;

(b) one person appointed by the Royal College of Surgeons in Ireland;

(c) seven fully registered dentists resident in the State appointed by election by fully registered dentists;

(d) two persons appointed by the Medical Council;

(e) one person appointed by the Minister for Education;

(f) four persons appointed by the Minister, at least two of whom—

(i) shall not be registered dentists, and

(ii) shall, in the opinion of the Minister, after consultation with the Minister for Industry, Trade, Commerce and Tourism, represent the interests of the general public as consumers of dental services.

(2) The Minister may, by regulations made after consultation with the Council, vary the provisions of subsection (1) of this section.

(3) Whenever the Minister proposes to make regulations under subsection (2) of this section, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

Appointment of persons to be members of Council.

10. —The Minister shall take all steps necessary to secure the appointment of members to the first Council established after the commencement of this Act and the Council shall take all steps necessary to secure the appointment of members to any subsequent Council.

Election of members of Council.

11. —(1) Before the establishment day, in the case of the first election of members of the Council pursuant to this Act, and before the commencement of their term of office in the case of every subsequent election, the members of the Council to be elected in accordance with section 9 (1) (c) of this Act shall be elected by way of an election held on a system of proportional representation by means of the single transferable vote and in accordance with regulations made by the Minister and any such regulations may, in particular, specify, in relation to any class of persons specified in the regulations, the qualifications to be held by candidates for election to the Council.

(2) In the case of the first election to the Council, the returning officer for that election shall be appointed by the Minister, and in the case of every subsequent election, the returning officer for such election shall be appointed by the Council.

First meeting of Council.

12. —(1) The first meeting of the Council shall be held on a day to be appointed by the Minister and the Minister shall notify the members of the Council of the time and place of such meeting.

(2) The Council shall meet at the time and place appointed by the Minister under this section for its first meeting and shall thereupon enter on its duties under this Act.

Committees of Council.

13. —(1) The Council may, subject to the subsequent provisions of this section, from time to time establish committees to perform such, if any, functions of the Council, as in the opinion of the Council, may be better or more conveniently performed by a committee, and are assigned to a committee by the Council.

(2) In particular, and without prejudice to the generality of subsection (1) of this section, the Council shall establish—

(a) a committee to act in relation to its functions under Part IV of this Act,

(b) a committee to act in relation to its functions under Part V of this Act, and

(c) a committee to act in relation to its functions regarding auxiliary dental workers under Part VII of this Act.

(3) A committee established under this section, other than the committee referred to in subsection (2) (b) of this section, may, if the Council thinks fit, include in its members persons who are not members of the Council.

(4) The chairman of every committee established under this section shall be a member of the Council: Provided that the chairman of the committee referred to in subsection (2) (b) of this section shall be neither the President nor the Vice-President of the Council.

(5) The committee established under subsection (2) (a) of this section shall include in its membership each person appointed to the Council under section 9 (1) (a), 9 (1) (b) and 9 (1) (e) of this Act.

(6) Every member of the committee referred to in subsection (2) (b) of this section shall be a member of the Council and—

(a) a majority of the members of such committee shall be persons who have been appointed by election to the Council, and

(b) at least one member of such committee shall be a person other than a registered dentist who has been appointed to the Council by the Minister under section 9 (1) (f) of this Act.

(7) (a) The committee established under subsection (2) (c) of this section shall include the person appointed to the Council pursuant to section 9 (1) (e) of this Act and a person representative of each class of auxiliary dental worker established under a scheme made by the Council under section 53 of this Act.

(b) The first appointment of a person representative of a class of auxiliary dental workers to a committee established under subsection (2) (c) of this section after the commencement of this Act shall be made, for a period of one year from the date of the appointment, by the Council and every subsequent such appointment to such a committee shall be by election, in accordance with rules made by the Council, by the registered members of each class of auxiliary dental workers so established.

(8) The acts of a committee established under this section shall be subject to confirmation by the Council unless the Council, at any time, dispenses with the necessity for such confirmation.

(9) The Council may, subject to the provisions of this Act, regulate the procedure of committees established under this section, but, subject to any such regulation, committees established under this section may regulate their own procedure.

Expenses of members of Council and committees.

14. —A member of the Council or of any committee established by the Council shall be paid, out of funds at the disposal of the Council, such allowances for travelling and subsistence expenses incurred in respect of his attendance at a meeting of the Council or of a committee or otherwise in connection with the affairs of the Council as the Minister, with the consent of the Minister for the Public Service, may determine.

Removal of Council from office.

15. —(1) If the Council fails, neglects or refuses to perform any function assigned to it under this Act, the Minister may, by order, direct the Council to discharge that function and for that purpose to do such other matters or things ancillary or incidental thereto as may be specified in the order.

(2) If the Council fails to comply with any direction of the Minister contained in an order made by him under subsection (1) of this section, the Minister may, by order, remove from office the members of the Council.

(3) An order made by the Minister under this section may contain such provisions as the Minister considers necessary to enable the functions of the Council to be performed notwithstanding the removal from office of its members, and any such order may, in particular, appoint a person or persons to discharge all or any of the functions of the Council.

(4) The Minister may amend or revoke an order made under this section, including this subsection.

(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly and in the case of an order made under subsection (2) of this section the members of the Council who had been removed from office by virtue of the order shall be restored to office but without prejudice to the validity of anything previously done by any person or persons appointed to discharge all or any of the functions of the Council under and by virtue of the order.

The Registrar.

16. —(1) There shall be a chief officer of the Council who shall act and be known as the Registrar of the Council.

(2) The Registrar shall be appointed by the Council and shall hold his office on such terms and conditions as the Council, with the approval of the Minister given with the consent of the Minister for the Public Service, determines.

(3) The Registrar shall be paid, out of funds at the disposal of the Council, such remuneration and allowances as the Council, with the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

(4) The Registrar shall perform such duties as the Council from time to time determines.

Other officers and servants of Council.

17. —(1) In addition to the Registrar, the Council shall appoint such and so many persons to be officers and servants of the Council as the Council, with the approval of the Minister, from time to time determines.

(2) An officer or servant of the Council shall hold his office or employment on such terms and conditions as the Council, with the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

(3) An officer or servant of the Council shall be paid, out of funds at the disposal of the Council, such remuneration and allowances as the Council, with the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

(4) An officer or servant of the Council shall perform such duties as the Council from time to time determines.

Age limits.

18. —(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on his attaining the age of 65 years or, in a case where a higher age is fixed by order of the Minister made under this section, on his attaining that age.

(2) The Minister may, by order, amend or revoke an order under this section (including this subsection).

Superannuation.

19. —The Local Government (Superannuation) Act, 1956 , shall apply to the Council and to its officers and servants as if it were a local authority and they were officers and servants of a local authority, and the Local Government (Superannuation) Act, 1980 , shall apply to the Council and to its officers and servants as if it were a body to which section 2 of that Act applies and they were officers and servants of such a body, but the said two Acts shall apply to the Council subject to any modifications (including modifications to any scheme or regulations made under the Local Government (Superannuation) Act, 1980 , and modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, be determined by the Minister.

Membership of either House of Oireachtas or of Assembly of the European Communities by officer or servant of Council.

20. —(1) Where a person who is either an officer or servant of the Council is—

(a) nominated as a member of Seanad Éireann or as a candidate for election to Dáil Éireann or to the Assembly of the European Communities,

(b) elected as a member of Seanad Éireann, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to the Assembly of the European Communities to fill a vacancy,

he shall stand seconded from employment by the Council and shall not be paid by, or be entitled to receive from, the Council any remuneration or allowances—

(i) in case he is nominated as a member of, or elected to Seanad Éireann or is so elected to the Assembly of the European Communities, in respect of the period commencing on such nomination or election to Seanad Éireann or such election to the Assembly of the European Communities, as the case may be, and ending when he ceases to be a member of Seanad Éireann or that Assembly,

(ii) in case he is nominated as a candidate for election to Dáil Éireann or to the Assembly of the European Communities, in respect of the period commencing on his nomination and ending when he ceases to be a member of Dáil Éireann or that Assembly, as the case may be, or fails to be elected or withdraws his candidature, as may be appropriate.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming an officer or servant of the Council.

(3) Without prejudice to the generality of subsection (1) of this section, that subsection shall be construed as prohibiting the reckoning of a period mentioned in paragraph (i) or paragraph (ii) of that subsection as service with the Council for the purpose of any superannuation benefit.

Accounts of Council.

21. —(1) The Council shall keep all proper accounts of all income and expenditure of the Council and of the sources of such income and the subject matter of such expenditure and the Council shall keep all proper accounts of the property, assets and liabilities of the Council.

(2) The accounts of the Council shall be audited at least once in every year by an auditor appointed for that purpose by the Minister and the fees of such auditor and the expenses generally of such audit shall be paid by the Council as soon as may be after each such audit.

(3) As soon as may be after each audit under this section, a copy of the accounts of the Council and the auditor's certificate and report thereon shall be given to the Minister.

(4) As soon as may be after each audit under this section, a copy of such accounts and the auditor's certificate thereon shall be laid before each House of the Oireachtas and as soon as may be after such accounts have been so laid, the Council shall cause such accounts and the auditor's certificate thereon to be printed, published and put on sale.

Power of Council to borrow.

22. —(1) The Council may, subject to any conditions which may be imposed by the Minister, or in accordance with any directions given by him, borrow money for capital or current purposes.

(2) Any moneys borrowed by the Council pursuant to this section and any interest accruing thereon may be secured on the revenue, funds or property of the Council.

Acceptance of gifts by Council.

23. —(1) The Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Council shall not accept a gift if the conditions attached to the acceptance by the donor are inconsistent with the functions of the Council.

Expenses of Council and Minister.

24. —(1) All expenses incurred by the Council, and any expenses which may be incurred by the Minister in relation to the establishment of the Council, shall be defrayed by the Council out of funds at the disposal of the Council.

(2) The surplus (if any) of funds at the disposal of the Council may be allocated by the Council to the development of dental education, to research or to any public purposes connected with the profession of dentistry in such manner as the Council may determine.

(3) Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be approved of by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Fees.

25. —The Council may charge such fees as may, from time to time, be determined by the Council, with the consent of the Minister, for—

(a) the registration of a person in any register maintained by the Council,

(b) the retention of the name of a person in any register maintained by the Council,

(c) the restoration in any register maintained by the Council of the name of any person whose name has been erased or removed pursuant to the provisions of this Act from such register,

(d) the removal of the name of any person from any register maintained by the Council on the application of that person,

(e) the entry of additional qualifications of any person in any register maintained by the Council,

(f) the giving to any person of a certificate of registration, and

(g) any other service which the Council may, from time to time, provide.