National Health Service Act 1977

General dental services E+W+S

35 Arrangements for general dental services. E+W+S

[F1 (1) It is the duty of every [F2 Health Authority], in accordance with regulations, to make as respects their [F3 area] arrangements with dental practitioners [F4 or dental corporations] under which any person in the [F3 area] for whom a dental practitioner [F4 or dental corporation] undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances.

(1A) The services so provided are referred to in this Act as general dental services.]

(2) The remuneration to be paid under such arrangements to a dental practitioner who [F5 , or dental corporation which,] provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary [F6 (or, in the case of a dental corporation, a fixed rate of remuneration)] unless either—

(a) the remuneration is paid in pursuance of arrangements made under section 56 below, or

(b) the services are provided in prescribed circumstances and the practitioner [F7 or corporation] consents,

and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.

[F8 (3) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under [F9 section 32 of the M1 Dentists Act 1984] (interim suspension); or

(b) by a direction or [F10 an order of the Health Committee under] that Act (health cases),

the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.

(4) Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.]

[F11 (5) In this Act, “dental corporation” means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984 (c. 24)).]

Textual Amendments

F1 S. 34(1)(1A) substituted for s. 34(1) by S.I. 1985/39, art. 7(9)

F2 Words in s. 35(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 24(a) (with Sch. 2 para. 6)

F3 Words in s. 35(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 24(b) (with Sch. 2 para. 6)

F4 Words in s. 35(1) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(a)(i)(ii), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F5 Words in s. 35(2) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(b)(i), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F6 Words in s. 35(2) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(b)(ii), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F7 Words in s. 35(2)(b) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(b)(iii), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F8 S. 35(3)(4) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(a)

F9 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(a)

F10 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(b)

F11 S. 35(5) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C1 S. 35 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(b); S.I. 1997/2620, art. 2(2)

C2 S. 35(1) modified (prosp.) by 1997 c. 46, ss. 41(3)(11) Sch. 2 Pt. II para. 79

Marginal Citations

M1 1984 c. 24(83:1).

36 Regulations as to s. 35. E+W+S

[F12 (1)] Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

(a) for the preparation and publication of list of dental practitioners [F13 and dental corporations] who undertake to provide general dental services;

(b) for conferring a right, subject to [F14 [F15 subsections [F16 (2) to (7)]]below [F17 to any provision made under section 43C below] and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F18 and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner [F19 or dental corporation], who wishes to be included in any such list, to be so included;

F20 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for the removal from the list of dental practitioners [F13 and dental corporations] undertaking to provide general dental services for persons in any [F21 area] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general dental services for persons in that [F21 area].

[F22 (1A) The regulations may include provision as to—

(a) information which must be supplied to a Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and

(b) the supply to a Health Authority—

(i) by a dental practitioner who is included, or seeking inclusion, in such a list, or

(ii) by a director of a dental corporation included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

[F23 (1B) The regulations may include provision as to the making of declarations about—

(a) financial interests;

(b) gifts above a prescribed value; and

(c) other benefits received.

(1C) Before making regulations by virtue of subsection (1B), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent dental practitioners and dental corporations providing general dental services.]

[F24 (2) No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any [F25 Health Authority] unless he satisfies [F25 the Health Authority] that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the [F25 Health Authority’s area].]

[F26 (3) Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (1) above subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner [F19 or dental corporation] on such a list as is referred to in paragraph (a) of that subsection.]

[F27 (4) The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below).

(5) Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.

(6) If those regulations provide that a Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.

(7) Regulations may provide for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).

(8) Regulations may make provision as to the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the Health Authority to include them.]

Textual Amendments

F12 S. 36 renumbered s. 36(1) by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(1)

F13 Words in s. 36(1)(a)(d) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(3)(a)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F14 Words inserted by S.I. 1981/432, art. 3(3)(a)

F15 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 24(2)

F16 Words in s. 36(1)(b) substituted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(4)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F17 Words in s. 36(1)(b) inserted (1.4.2000) by 1999 c. 8, s. 9(3), 67; S.I. 1999/2793, art. 2(3)(b); S.I. 2000/1041, art. 2(a)

F18 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 4

F19 Words in s. 36(1)(b) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(3)(b)(d), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F20 S. 36(1)(c) repealed (1.10.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 12, Sch. 3 Pt. I; S.I. 1998/1998, art. 2(2)(a)(b), Schs. 1 2

F21 Words in s. 36(1)(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 25(a)

F22 S. 36(1A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(4)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F23 S. 36(1B)(1C) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 23(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1) Sch. Pt. 1

F24 S. 36(2) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(2)

F25 Words in s. 36(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 25(b)(i)(ii)(iii) (with Sch. 2 para. 6)

F26 S. 36(3) added by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 24(3)

F27 S. 36(4)-(8) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(4)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1) Sch. Pt. 1

Modifications etc. (not altering text)

C3 S. 36 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)

37 Dental Estimates Board. E+W+S

[F28 (1)] Regulations providing as to the arrangements to be made under section 35 above shall include provision—

(a) for constituting a Board, to be called the Dental Estimates Board, of whom the chairman and a majority of the members shall be dental practitioners, for the purpose of carrying out such duties as may be prescribed with respect to . . . F29 dental treatment and appliances, and to the remuneration of dental practitioners providing general dental services;

(b) for providing in relation to that Board for any of the matters for which, in relation to [F30 a Health Authority], provision is or may be made by or under Part III of Schedule 5 to this Act.

[F31 (1A) Regulations may empower the Dental Practice Board—

(a) to direct a dental practitioner to submit to the Board, in relation to treatment which he has carried out or contemplates carrying out or to a description of such treatment specified in the direction, such estimates and information and such radiographs, models or other items as may be prescribed; and

(b) to direct a dental practitioner not to carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board.

(1B) If regulations include any such provision as is mentioned in subsection (1A)(b) above, regulations shall confer on a dental practitioner in whose case a direction such as is mentioned in that pargraph has been given a right of appeal against the direction to a prescribed person or body, but before making regulations conferring such a right the Secretary of State shall consult such organisations as appear to him to be representative of persons providing general dental services.

(1C) Regulations may be made authorising or requiring the Dental Practice Board to carry on any such additional activity relating to the provision of general dental services as may be prescribed and, without prejudice to the generality of this subsection, to conduct or commission surveys or other research relating to the provision of such services.]

[F32 (2) In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation.]

Textual Amendments

F28 S. 37 renumbered as s. 37(1) by Health and Medicines Act 1988 (c.49, SIF 113:2), s. 12(2)

F29 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F30 Words in s. 37(1)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 26 (with Sch. 2 para. 6)

F31 S. 37(1A)—(1C) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 12(3)

F32 S. 37(2) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C4 S. 37 extended (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(2), 67; S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2(a)