Health and Social Care Act 2012

203 Persons eligible to enter into general dental services contracts

(1) Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services contracts) is amended as follows.

(2) In subsection (1), in paragraph (c), for “individuals” substitute “persons”.

(3) After that subsection insert “,

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

(4) In subsection (2), for paragraph (b) substitute—

“(b) subsection (3A) or (3B) applies.”

(5) After that subsection insert—

“(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.”

(6) After subsection (3) insert—

“(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).”

(7) After subsection (3B) insert—

“(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).”