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—

(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 [F2 [F3 subsections (2) and (3)] below and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F4 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;

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any [F6 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 [F6 area].

[F7 (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 [F8 Health Authority] unless he satisfies [F8 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 [F8 Health Authority’s area].]

[F9 (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

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

F3 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 24(2)

F4 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 4

F5 S. 36(1)(c) repealed (1.10.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt.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

F6 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)

F7 S. 36(2) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(2)

F8 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)

F9 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)

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