- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Dentists Act 1984
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 40
Alternative versions:
Status:
Point in time view as at 01/04/2013.
Changes to legislation:
Dentists Act 1984, Section 40 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
40 Definition of business of dentistry.U.K.
(1) For the purposes of this Act a person shall be treated as carrying on the business of dentistry if, and only if, he or a partnership of which he is a member receives payment for services rendered in the course of the practice of dentistry by him or by a partner of his, or by an employee of his or of all or any of the partners.
(2)Notwithstanding subsection (1) above, the receipt of payments—
(a)by an authority providing national health services, or
[F1(aa)by a person providing primary dental services [F2F3... under a contract under section 100 [F4of the National Health Service Act 2006 or an agreement under section 107] of that Act, or F5... under a contract under section 57 [F6of the National Health Service (Wales) Act 2006 or an agreement under section 64] of that Act,] or]
[F7(ab)by a person (other than one falling within paragraph (a) above) providing personal dental services under [F8section 28C of the National Health Service Act 1977 F9 or] section 17C of the National Health Service (Scotland) Act 1978 F10, or]
[F11(ac)by a person (other than one falling within paragraph (a) above) providing personal dental services under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 F12, or]
(b)by a person providing dental treatment for his employees without a view to profit, or
(c)by a person providing dental treatment without a view to profit dental treatment without a view under conditions approved by the Secretary of State or the Department of Health and Social Services for Northern Ireland,
shall not constitute the carrying on of the business of dentistry for the purposes of this Act.
Textual Amendments
F1S. 40(2)(aa) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 50; S.I. 2005/2925, art. 10(2)(h); S.I. 2006/345, art. 6(2)(k)
F2Words in s. 40(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 81 (with Sch. 3 Pt. 1)
F3Words in s. 40(2)(aa) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 40(2)(aa) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in s. 40(2)(aa) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in s. 40(2)(aa) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7S. 40(2)(ab) inserted (17.7.1998) by S.I. 1998/1546, art. 2
F8Words in s. 40(2)(ab) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(d)
F91977 c.49. Section 28C was inserted by the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”), section 21(1).
F11S. 40(2)(ac) inserted (1.1.1999) by S.R. 1998/376, art. 2
F12S.I. 1972/1265 (N.I. 14); Article 15B is inserted by Article 21 of S.I. 1997/1177 (N.I. 7)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.