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Part IIE+W+S General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Modifications etc. (not altering text)

C1Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C2Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C3Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

General dental servicesE+W+S

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

[F1(1)It is the duty of every [F2Health Authority], in accordance with regulations, to make as respects their [F3area] arrangements with dental practitioners under which any person in the [F3area] 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 [F5section 32 of the M1Dentists Act 1984] (interim suspension); or

(b)by a direction or [F6an 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

F1S. 34(1)(1A) substituted for s. 34(1) by S.I. 1985/39, art. 7(9)

F2Words 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)

F3Words 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)

Modifications etc. (not altering text)

C4S. 35 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(b); S.I. 1997/2620, art. 2(2)

Marginal Citations

36Regulations 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[F9subsections (2) and (3)] below and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F10and 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 [F12area] 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 [F12area].

[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 [F14Health Authority] unless he satisfies [F14the 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 [F14Health 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

F8Words inserted by S.I. 1981/432, art. 3(3)(a)

F12Words in s. 36(1)(d) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. I para. 25(a)

F14Words 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)

Modifications etc. (not altering text)

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 [F18a 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

F18Words 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)

Modifications etc. (not altering text)

C7S. 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)