Dentists Act, 1928

JurisdictionIreland
CitationIR No. 25/1928


Number 25 of 1928.


DENTISTS ACT, 1928.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Confirmation of Agreement and consequential amendments of the law.

3.

Constitution of the Dental Board.

4.

Term of office of member of the Board.

5.

Resignation of member of the Board.

6.

Casual vacancies in the Board.

7.

President of the Board.

8.

Meetings and procedure of the Board.

9.

First nomination of nominated members of the Board.

10.

First meeting of the nominated members of the Board.

11.

The establishment of the Board.

12.

First meeting of the Board.

13.

Nomination of the nominated members of the Board.

14.

Elections of elected members of the Board.

15.

Officers and servants of the Board.

16.

The duties of the registrar.

17.

Accounts of the Board and the audit thereof.

18.

Fees to be paid to members of the Board.

19.

Expenses of the Board and of the Minister.

20.

Application of moneys received by the Board.

21.

Making of regulations by the Board.

22.

Exercise by the Minister of the functions of the Board.

23.

The establishment of the register.

24.

Correction of the register.

25.

Notification by registrar of death of registered person.

26.

Persons entitled to be registered at the establishment of the register.

27.

Persons entitled to be registered after the establishment of the register.

28.

Registration of persons mentioned in Third Schedule.

29.

Registration of persons mentioned in Fourth Schedule.

30.

Foreign dental practitioners.

31.

Erasure from the register of persons convicted of crimes.

32.

Erasure from the register of persons found guilty of infamous or disgraceful conduct.

33.

Appeals to the High Court.

34.

Inquiry by Board into allegation of infamous conduct.

35.

The dental register.

36.

Offences and penalties in relation to the register.

37.

Descriptions of registered persons.

38.

Qualifying examinations.

39.

Board of examiners.

40.

Conduct of qualifying examinations.

41.

Admission to qualifying examinations.

42.

Information as to course of study, etc., to be furnished to Medical Council.

43.

Declaration of insufficiency of qualifying examinations.

44.

Additional members of the Medical Council.

45.

Prohibition of practice of dentistry by unregistered persons.

46.

Prohibition of practice of dentistry by bodies corporate.

47.

Prosecution of offences.

48.

Short title.

First Schedule , Copy of Agreement

Second Schedule.

Third Schedule.

Persons entitled to be registered upon passing special examination.

Fourth Schedule.


Act Referred to

Medical Practitioners Act, 1927

No. 25 of 1927


Number 25 of 1928.


DENTISTS ACT, 1928.


AN ACT TO MAKE PROVISION FOR THE REGISTRATION AND CONTROL OF PERSONS PRACTISING DENTISTRY OR DENTAL SURGERY AND FOR OTHER PURPOSES RELATING TO THE PRACTICE OF DENTISTRY OR DENTAL SURGERY AND THE PERSONS ENGAGED IN SUCH PRACTICE. [3rd August, 1928.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Board” means the Dental Board constituted by this Act;

the expression “the register” means the Register of Dentists for Saorstát Eireann to be established under this Act;

the expression “the General Council” means the General Council of Medical Education and Registration constituted under the Medical Acts;

the expression “the General Dental Board” means the Dental Board in the United Kingdom as constituted under the Dentists Acts as modified by the Agreement set out in the First Schedule to this Act;

the expression “the General Dentists Register” means the Dentists Register maintained under the Dentists Acts;

the expression “the Medical Council” means the Medical Registration Council constituted under the Medical Practitioners Act, 1927 (No. 25 of 1927);

the expression “registered dentist” means—

(a) in relation to anything done or to be done or an event happening before the establishment of the register, a person who at the time when such thing is done or to be done or such event happens is either registered in the General Dentists Register or, having been so registered at any time after the 1st day of January, 1922, has ceased to be so registered otherwise than by reason of his death or his having been convicted of a felony, misdemeanour, crime, or offence or his having been found guilty of infamous or disgraceful conduct in a professional respect or his registration having been procured by fraud or made by mistake, and

(b) in relation to anything done or to be done or an event happening after the establishment of the register, a person who at the time when such thing is done or to be done or such event happens is registered in the register;

the expression “qualifying examination” means an examination in dentistry or dental surgery held for the purpose of granting certificates of fitness to practise dentistry or dental surgery by any university or college in Saorstát Eireann for the time being having power to grant such certificates;

the expression “practice of dentistry or dental surgery” means the performance of any operation and the giving of any treatment, advice, opinion or attendance usually performed or given by a dental surgeon or dentist and includes the performance of any operation or the giving of any treatment, advice or attendance on or to any person preparatory to or for the purpose of or in connection with the fitting, insertion or fixing of artificial teeth;

the expression “self-governing dominion” means and includes the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and New-foundland;

the expression “British possession” does not include Great Britain or Northern Ireland or the self-governing dominions.

Confirmation of Agreement and consequential amendments of the law.

2.—(1) The Agreement set forth in the First Schedule to this Act is hereby confirmed and shall take effect on whichever of the following dates is the later, that is to say, the date of the passing of this Act and the date of the passing into law by the Parliament of the United Kingdom of Great Britain and Northern Ireland of legislation to give statutory effect to the said Agreement.

(2) For the purpose of enabling the said Agreement to have statutory effect in Saorstát Eireann it is hereby enacted that—

(a) the said Agreement, in so far as the terms thereof are inconsistent with the Dentists Acts, shall be deemed to amend or modify to that extent those Acts and those Acts are hereby amended and modified accordingly;

(b) the Dentists Acts as so amended or modified shall be and continue in force in Saorstát Eireann so far as is so provided by the said Agreement or is necessary to enable the said Agreement to have full force and effect in Saorstát Eireann;

(c) save as is otherwise enacted in the foregoing paragraph the Dentists Acts shall cease to have effect on the date of the passing of this Act.

Constitution of the Dental Board.

3.—(1) A board to be styled the Dental Board (in this Act referred to as the Board) shall be established in accordance with this Act to fulfil the functions assigned to it by this Act.

(2) The Board shall be a body corporate having perpetual succession and may provide itself with a seal and may sue and be sued under its said style and name.

(3) The Board shall consist of members who shall be nominated and elected respectively by the several bodies and persons specified in the Second Schedule to this Act and, in the case of elected members, shall be elected from the several classes specified in the Second Schedule to this Act.

Term of office of member of the Board.

4.—(1) Subject to the provisions of this section in relation to persons elected or nominated to fill casual vacancies every member of the Board shall, unless he sooner dies, resigns, or becomes disqualified, hold his office as such member for the term of five years reckoned, in the case of the first members, from the establishment of the Board and, in the case of every subsequent member, from the expiration of the term of office of his predecessor.

(2) A member of the Board elected or nominated to fill a casual vacancy in the Board shall, unless he sooner dies, resigns, or becomes disqualified, hold office for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified.

(3) Every member of the Board shall on the cesser of his membership by effluxion of time be eligible for re-election or re-nomination.

Resignation of member of the Board.

5.—A member of the Board may at any time resign his office as such member by letter addressed and sent to the Board and every such resignation shall take effect at the commencement of the meeting of the Board commencing next after the receipt of such resignation by the Board.

Casual vacancies in the Board.

6.—(1) Whenever a vacancy (in this Act called a casual vacancy) occurs in the membership of the Board by reason of the death, resignation, or disqualification of a nominated member, the Board shall forthwith notify the body by which such member was nominated of the occurrence of such vacancy and such body shall as soon as conveniently may be nominate a person to fill such vacancy.

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