Regulated Professions (Health and Social Care) (Amendment) Act 2020

Amendment of Act of 1985 - insertion of sections 70 and 71

23. The Act of 1985 is amended by the insertion of the following sections after section 69:

“Power to specify form of documents

70. (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

(2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

(3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

(4) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(c) if the completed form is required to be provided to—

(i) the relevant body,

(ii) another person on behalf of the relevant body, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

(5) Without prejudice to the generality of subsection (1), the Council may—

(a) specify a form to be completed by a registered dentist in connection with the payment by the dentist of any fee determined under section 25(b), and

(b) in that form, require the practitioner to supply the Council with such information that the dentist would have to supply the Council if the practitioner were not registered but were seeking registration.

(6) In this section, ‘relevant body’ means—

(a) subject to paragraph (b), the Council, and

(b) in relation to a function under this Act performed by the Fitness to Practise Committee, that Committee.

Notifications under Act

71. (1) Where the Council, the Fitness to Practise Committee or the Registrar is required or authorised under this Act to notify a registered dentist or former registered dentist, or an auxiliary dental worker or former auxiliary dental worker, of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in any register maintained under this Act in which his or her name is or was (as the case may be) entered.

(2) Where the Council or the Registrar is required or authorised under this Act to notify a person (not being a registered dentist or former registered dentist or auxiliary dental worker or former auxiliary dental worker) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

(3) Where a notification under this Act has been sent to a person in accordance with subsection (1) or (2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.”.