National Health Service Act 1977

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

[F1 (1)] Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

[F2 (a) for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of dental practitioners and dental corporations who undertake to provide general dental services for persons in the area of the Primary Care Trust or Health Authority;]

(b) for conferring a right, subject to [F3 [F4 subsections [F5 (2) to (7)]]below [F6 to any provision made under section 43C below] and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F7 and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner [F8 or dental corporation], who wishes to be included in any such list, to be so included;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for the removal from the list of dental practitioners [F10 and dental corporations] undertaking to provide general dental services for persons in any [F11 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 [F11 area].

[F12 (1A) The regulations may include provision as to—

(a) information which must be supplied to a [F13 Primary Care Trust or] 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 [F13 Primary Care Trust or] 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.]

[F14 (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.]

[F15 (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 [F16 Primary Care Trust or][F17 Health Authority] unless he satisfies [F17 the [F16 Primary Care Trust or] 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 [F18 area of the Primary Care Trust or Health Authority] .]

[F19 (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 [F8 or dental corporation] on such a list as is referred to in paragraph (a) of that subsection.]

[F20 (4) The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a [F21 Primary Care Trust or] 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 [F22 Primary Care Trust or] 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 [F23 decision of the Primary Care Trust or of the Health Authority] .

(7) Regulations may provide for grounds on which a [F24 Primary Care Trust or] 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 [F25 Primary Care Trust or] 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 [F26 Primary Care Trust or] Health Authority to include them.]

Textual Amendments

F1 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)

F2 S. 36(1)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(2); S.I. 2002/2478, art. 3(1)(d)

F3 Words inserted by S.I. 1981/432, art. 3(3)(a)

F4 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 24(2)

F5 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

F6 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)

F7 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 4

F8 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

F9 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

F10 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

F11 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)

F12 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

F13 Words in s. 36(1A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(3); S.I. 2002/2478, art. 3(1)(d)

F14 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

F15 S. 36(2) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(2)

F16 Words in s. 36(2) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(4)(a); S.I. 2002/2478, art. 3(1)(d)

F17 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)

F18 Words in s. 36(2) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(4)(b); S.I. 2002/2478, art. 3(1)(d)

F19 S. 36(3) added by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 24(3)

F20 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

F21 Words in s. 36(4) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(5); S.I. 2002/2478, art. 3(1)(d)

F22 Words in s. 36(6) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(6)(a); S.I. 2002/2478, art. 3(1)(d)

F23 Words in s. 36(6) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(6)(b); S.I. 2002/2478, art. 3(1)(d)

F24 Words in s. 36(7) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(7); S.I. 2002/2478, art. 3(1)(d)

F25 Words in s. 36(8) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(7); S.I. 2002/2478, art. 3(1)(d)

F26 Words in s. 36(8) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 10(7); S.I. 2002/2478, art. 3(1)(d)

Modifications etc. (not altering text)

C1 S. 36 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)