The National Health Service (Dental Charges) Regulations 2005

Conditions for exemption under the Act

7.—(1) It is a condition of the exemption under paragraph 1(1) of Schedule 12ZA to the Act in respect of the provision of relevant primary dental services or a supply of a dental appliance under the Act otherwise than as part of relevant primary dental services—

(a) that a written declaration on a form provided for that purpose by the relevant Primary Care Trust shall be made to the effect that that person is, at the relevant date, within one of the specified categories; and

(b) where the Secretary of State, an NHS trust, an NHS foundation trust or a Primary Care Trust so requires, that the specified evidence shall be supplied by or on behalf of that person.

(2) In this regulation “the relevant date” means—

(a) where a dental appliance is supplied under the Act otherwise than as part of relevant primary dental services, the date of the examination leading to the supply of the appliance; or

(b) where relevant primary dental services are provided, the date of the initial examination and assessment leading to the provision of a course of treatment.

(3) The declaration referred to in paragraph (1) shall be made by the person to whom the services are to be provided, except that where the request for services is made by another person on his behalf it shall be made instead by the person who requests the services.

(4) Nothing in paragraph (1)(b) prevents the Secretary of State, an NHS trust, an NHS foundation trust or a Primary Care Trust from accepting evidence other than the specified evidence as establishing that a person is within one of the specified categories.

(5) In this regulation “the specified categories” means the categories of person specified in column 1 of Schedule 5 and “the specified evidence”, in relation to any of those categories, means the evidence specified in relation to it in column (2) of that Schedule.