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Contributions by Kingsley Napley

10

GDC—disciplinary process
Practice notes

This Practice Note explains the General Dental Council disciplinary process under the Dentists Act 1984 and General Dental Council (Fitness to Practise) Rules Order of Council 2006. It includes an overview of the process for taking disciplinary action, and the public interest test and what is meant by impaired fitness to practise.

GDC—Fitness to practice process—Case Examiners and Investigating Committee
Practice notes

This Practice Note explains the procedure for the General Dental Council (GDC) Fitness to Practise hearing involving the first steps of the process—the Registrar’s assessment, Case Examiners’ (CEs) assessment and, where the Case Examiners cannot unanimously agree on next steps, assessment by the Investigating Committee.

GDC—Fitness to practise hearings conducted by the Practice Committees
Practice notes

This Practice Note explains the fitness to practise hearing conducted by the relevant Practice Committee of the General Dental Council (GDC) once a case has been referred to them by the Case Examiners or the Investigating Committee. The hearing and Practice Committee functions are governed by the Dentists Act 1984 and General Dental Council (Fitness to Practise) Rules Order of Council 2006, SI 2006/1663. It includes information on the roles of the three Practice Committees, notification of the hearing, preliminary meetings and the fitness to practise hearing, as well as the procedure to be followed at a fitness to practice hearing.

GDC—Fitness to practise hearings—sanctions and mitigation
Practice notes

This Practice Note explains the sanctions available to the General Dental Council Practice Committees under the Dentists Act 1984 (DA 1984) and General Dental Council (Fitness to Practise) Rules Order of Council 2006, SI 2006/1663. The sanctions include a reprimand, conditions of practice, suspension and erasure from the register. It also covers mitigation: what would or would not be considered to be mitigation by the Practice Committee.

GDC—Functions of the Case Examiners and Investigating Committee and the principles of their decision making
Practice notes

This Practice Note explains the statutory function of the General Dental Council’s (GDC) Case Examiners (CEs) and Investigating Committee (IC) and the principles they should apply. It explains the reasonable prospect test and the provision of reasons for the decision(s) reached by the CEs and the IC.

GDC—Interim Orders Committee
Practice notes

This Practice Note explains the practice and procedure of the Interim Order Committee of the General Dental Council (GDC). It deals with the procedure at the hearing, how and what type of order can be imposed and the duty to give reasons for a decision. In addition it covers the procedure where interim orders are imposed by the Interim Orders Committee.

GDC—powers of the Case Examiners and the Investigating Committee
Practice notes

This Practice Note explains the powers available to the General Dental Council’s (GDC) Case Examiners and Investigating Committee under General Dental Council (Fitness to Practise) Rules Order of Council 2006, SI 2006/1663. It includes referring a case to a Practice Committee, closing a case, issuing a warning, publishing warnings, issuing advice, no further action, adjourning to request further specific enquiries be made, interim orders and reviewing the determination.

GDC—Registration Appeals Committee
Practice notes

This Practice Note explains the practice and procedure of the Registration Appeals Committee (RAC) of the General Dental Council (GDC). It explains which decisions are appealable decisions which can be referred to the RAC, the procedure to be followed before the RAC and the recovery of costs in appealing the decision of the RAC.

The criminal investigation process for the cartel offence
Practice notes

The Competition and Markets Authority (CMA) and the UK’s Serious Fraud Office (SFO) both have powers to investigate persons suspected of involvement in the criminal cartel offence under section 188 of the Enterprise Act 2002. This Practice Note, provides an overview of the agencies’ powers and the criminal investigation process. The Practice Note considers the relationship between the CMA and the SFO under their Memorandum of Understanding. It also explores the CMA’s and SFO’s powers to require documents and the limits on disclosure of privileged or commercially sensitive information.

The UK criminal cartel offence
Practice notes

The amended criminal cartel offence came into effect on 1 April 2014. This Practice Note explores the changes and their impact. The amended offence is contrasted with the old law, the focus is on the removal of the dishonesty requirement and the notification and publication exclusions. Also, details of defences where there is an absence of intention to conceal or where there has been disclosure to a ‘professional legal advisor’. Recent criminal cartel investigations and the new prosecution guidelines are used to illustrate how the new law could be applied.

Contributions by Kingsley Napley Experts

3

Avoiding negligence in litigation
Practice notes

This Practice Note, written in partnership with Jemma Brimblecombe of Kingsley Napley LLP, looks at some of the common ways in which negligence claims arise in solicitor/client relationships over the course of litigation matters. It offers practical tips on how to minimise the risks of claims arising in key areas such as the scope of the retainer, funding, delay and errors in advice.

Managing trade and financial sanctions compliance
Practice notes

This Practice Note describes the difference between financial sanctions and export controls and sets out the need to and how to put in place policies and procedures to prevent breaching the sanctions regimes, including risk assessment, screening, staff awareness and training, licensing and disclosure and reporting requirements.

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