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
[F1(1)It is the duty [F2of every Primary Care Trust and] of every [F3Health Authority], in accordance with regulations, to make as respects their [F4area] arrangements with dental practitioners [F5or dental corporations] under which any person in the [F4area] for whom a dental practitioner [F5or 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 [F6, or dental corporation which,] provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary [F7(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 [F8or 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.
[F9(3)Where the registration of a dental practitioner in the dentists register is suspended—
(a)by an order under [F10section 32 of the M1Dentists Act 1984] (interim suspension); or
(b)by a direction or [F11an 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.]
[F12(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
F1S. 35(1)(1A) substituted for s. 35(1) by S.I. 1985/39, art. 7(9)
F2Words in s. 35(1) 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. 9; S.I. 2002/2478, art. 3(1)(d)
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)
F4Words 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)
F5Words 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
F6Words 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
F7Words 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
F8Words 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
F9S. 35(3)(4) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(a)
F10Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(a)
F11Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(b)
F12S. 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)
C4S. 35 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(b); S.I. 1997/2620, art. 2(2)
C5S. 35(1) modified (prosp.) by 1997 c. 46, ss. 41(3)(11) Sch. 2 Pt. II para. 79
Marginal Citations
M11984 c. 24(83:1).