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General Dental Council

Website http://www.gdc-uk.org
Tribunal rules Dentists Act 1984 (as amended) Order 2005
The General Dental Council (Fitness to Practise) Rules Order of Council 2006 (SI 1663)
Code of Standards, etc Standards for Dental Professionals
Grounds for disciplinary proceedings Impaired fitness to practise
Conviction or caution for a criminal offence
Powers of administrative suspension? Yes, PCC, Professional Performance Committee and the Health Committee can impose an order for interim suspension or alternatively they may refer the matter to the Interim Orders Committee, as may the Registrar and the Investigating Committee..
Settlement/conciliation procedures available? No. Fitness to Practise caseworkers determine referral to the Investigating Committee which in turn determines referral to relevant Committee.
Who investigates? Fitness to Practise caseworkers determine referral to the Investigating Committee.
Power of entry/search and seizure? No
Power to demand information? The Dentists Act (1984) Amendment Order allows the Council to seek a court order requiring information to be supplied and/or for the Committee to grant a warrant to summon any person to attend before it as a witness to give evidence or produce documents (or for the recovery of documents).
Pre-trial hearing? Yes. Option for preliminary meetings to determine directions for full hearing and the Interim Orders Committee may consider suspension or conditions upon practise before a full hearing.
Discovery of documents? Rules for service of ‘documentary material’ in Fitness to Practise Rules (see also Power to demand information above)
Pleadings? No formal pleadings
Tribunal One of three practicse committees: Professional Conduct Committee, Professional Performance Committee and Health Committee.
Address The Registrar
General Dental Council
37 Wimpole Street
London W1G 8DQ
Legally qualified chairman? No
Tribunal includes lay element? Yes
Tribunal has legal assessor/clerk? Yes
Evidence heard on oath? Yes
Prosecution conducted in name of General Dental Council
Prosecution usually conducted by Solicitor or barrister either internal or external.
Judicial rules of evidence apply? The General Dental Council (Fitness to Practise) Rules Order of Council 2006 (SI 1663)
Standard of proof Civil
Maximum fine No power to fine
Costs against prosecutor? No
Power to order compensation? No power to order compensation
Proceedings open to public? Yes
Reasons given for decisions? Reasons routinely given in accordance with relevant guidance.
Where are decisions reported? Reports are published in the public minutes of the GDC website and GDC Gazette
Alternative to full disciplinary proceedings? No
Ombudsman No
Appellate tribunal Administrative Division of the High Court
Is right of appeal limited? To matters of law
Costs against prosecutor? Yes
Right of appeal to prosecutor? No

 

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