Part 5 E+W Dental services

General dental services contracts E+W

102 Persons eligible to enter into GDS contracts E+W

(1) [F1 NHS England] may, subject to such conditions as may be prescribed, enter into a general dental services contract with—

(a) a dental practitioner,

(b) a dental corporation,

(c) two or more [F2 persons] practising in partnership where the conditions in subsection (2) are satisfied [F3 ,

(d) a limited liability partnership where the conditions in subsection (2A) are satisfied.]

(2) The conditions referred to in subsection (1)(c) are that—

(a) at least one partner is a dental practitioner, and

[F4 (b) subsection (3A) or (3B) applies.]

[F5 (2A) The conditions referred to in subsection (1)(d) are that—

(a) at least one member is a dental practitioner, and

(b) subsection (3A) or (3B) applies.]

(3) Regulations may make provision as to the effect, in relation to a general dental services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.

[F6 (3A) This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership's affairs are conducted in accordance with that partner's or member's wishes.

(3B) This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C).]

[F7 (3C) A person falls within this subsection if the person is—

(a) an NHS employee,

(b) a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee,

(c) a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006, or

(d) an individual falling within section 108(1)(d).]

(4) In this section—

• “dental corporation” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984 (c. 24)

• “health care professional”, “NHS employee”, “section 92 employee”, “section 107 employee”, “section 50 employee”, “section 64 employee”, “section 17C employee” and “Article 15B employee” have the meaning given by section 108.

Textual Amendments

F1 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2 Word in s. 102(1)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 203(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 102(1)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 203(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 102(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 203(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 S. 102(2A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 203(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 S. 102(3A)(3B) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 203(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 S. 102(3C) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 203(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)