The Court of Appeal has provided clarity on the interpretation of how immediate orders and substantive sanctions interact under the Dentists Act 1984.
The judgment confirmed that there is no basis for aggregating a substantive suspension direction and an immediate suspension order, and treating the aggregated period as if it had been passed as a single substantive suspension, describing them as ‘clearly different’.
This judgment is in line with the existing interpretation of the legislation by the GDC, the regulator says.
Following the judgment in the High Court in this case, it was important to seek clarity on this point so that the regulatory framework, guidance and practice are unequivocally clear. The GDC says the only way to achieve clarification was to appeal the case to the Court of Appeal.
Speaking after it launched the appeal last year, the GDC said: ‘‘The substantive order takes effect when either the appeal period has expired and no appeal was brought or at the conclusion of the appeal (section 29 of the DA).
‘The immediate order covers the period until the substantive order takes effect. The registrant may remain under the immediate order of suspension until the substantive order takes effect.
‘The GDC, in common with other healthcare regulators, considers immediate orders (s30 DA) as separate from substantive orders that result from a hearing (s27B DA), so that the section 30 order covers the period before the substantive order takes effect.’
The regulator says it has informed the Dental Professionals Hearings Service. The substantive sanction, immediate order and/or any directions, are a matter for the independent Practice Committees to determine in each case as they consider appropriate.
GDC guidance
This comes as the GDC publishes new guidance for education providers looking to establish new dental schools in the UK.
The move will assist education providers in applying for Dental Authority Status (DAS). This is a prerequisite for offering dental degree programmes that lead to a registrable degree in UK dentistry.
Developed with the Department of Health and Social Care (DHSC), the guidance document explains the timescales and requirements for applying. This includes the GDC’s submission process.
It aims to provide greater clarity for education providers, offering detailed, step-by-step guidance to navigating the submission process.
The document was also reviewed by the Privy Council and the Dental Schools Council.
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