Regulation 33 Appeals against the Dental Committee
Any person aggrieved by a decision of the Committee shall be entitled to appeal by sending to the Department a notice of appeal within 30 days from the date on which the decision of the Committee was received by that person.
The notice of appeal shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.
The Department shall, within 30 days of receiving a notice of appeal, request from the Committee a written statement of the reasons for its decision, and the Committee shall within 30 days of receiving the request send such a statement to the Department.
The Department shall consider the notice of appeal and the Committee's statement and, where the Department is of the opinion that the notice discloses no reasonable grounds of appeal, or that the appeal is otherwise vexatious or frivolous, it may dismiss it forthwith.
Except where an appeal is dismissed under paragraph (4) the Department shall, within 30 days of receiving the Committee's statement under paragraph (3), appoint, after consultation with such organisation as represents the dental profession—
where the appeal is made under regulation 32, 3 dentists who are or have been engaged in the provision of general dental services;
in any other case, 2 such dentists;
as referees who shall hear the representations of the appellant and the Committee and determine the appeal.
For the purposes of any appeal relating to paragraph (5)(b), the dentists so appointed may, if satisfied that the appeal can properly be determined without an oral hearing and with the agreement of the appellant and the Committee, dispense with an oral hearing, in which case the appellant and the Committee shall be given an opportunity to amplify their statements.
Where the Department dismisses an appeal under paragraph (4) it shall give notice in writing to the person who brought the appeal and to the Committee that the appeal has been dismissed and shall include with the notice to the appellant a copy of the Committee's statement under paragraph (3) and a statement of its reasons for dismissing the appeal.
A party to an appeal which is to be determined by referees following a hearing shall not be entitled to rely upon any facts or contentions contained in the notice of appeal or the statement of the Committee unless that party gives notice in writing of those facts or contentions to the referees and to the other party to the appeal at least 7 days before the date of the hearing.
The referees shall within 7 days after determining an appeal give notice in writing to the Department of their decision and of the reasons for it, and the Department shall within 14 days of receiving the notice send copies of it to the parties.