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 under which any person in the [F3 area] for whom a dental practitioner 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 provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary 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 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.

[F4 (3) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under [F5 section 32 of the M1 Dentists Act 1984] (interim suspension); or

(b) by a direction or [F6 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.]

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(a) (with Sch. 2 para. 6)

F4 S. 35(3)(4) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(a)

F5 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(a)

F6 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(b)

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

[F7 (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 lists of dental practitioners who undertake to provide general dental services;

(b) for conferring a right, subject to [F8 [F9 subsections (2) and (3)] below and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F10 and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner, who wishes to be included in any such list, to be so included;

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any [F12 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 [F12 area].

[F13 (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 [F14 Health Authority] unless he satisfies [F14 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 [F14 Health Authority’s area].]

[F15 (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 on such a list as is referred to in paragraph (a) of that subsection.]

Textual Amendments

F7 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)

F8 Words inserted by S.I. 1981/432, art. 3(3)(a)

F9 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 24(2)

F10 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 4

F11 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

F12 Words in s. 36(1)(d) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. I para. 25(a)

F13 S. 36(2) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(2)

F14 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)

F15 S. 36(3) added by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 24(3)

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

[F16 (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 . . . F17 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 [F18 a Health Authority], provision is or may be made by or under Part III of Schedule 5 to this Act.

[F19 (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.]

Textual Amendments

F16 S. 37 renumbered as s. 37(1) by Health and Medicines Act 1988 (c.49, SIF 113:2), s. 12(2)

F17 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F18 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)

F19 S. 37(1A)—(1C) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 12(3)

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)