General dental servicesS
25 Arrangements for provision of general dental services.S
(1)It shall be the duty of every Health Board, in accordance with regulations, to make as respects their area arrangements with dental practitioners under which any person for whom a dental practitioner undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances; and the services provided in accordance with those arrangements are in this Act referred to as “general dental services”.
(2)Regulations may make provision as to the arrangements to be made under subsection (1), and shall include provision—
(a)for the preparation and publication of lists of dental practitioners who undertake to provide general dental services;
[F1(b)for conferring a right, subject to—
(i)[F2subsections (2A) and (2B)]
(ii)the provisions of this Part relating to the disqualification of persons providing services; and
(iii)section 8 (persons over retiring age) of the Health and Medicines Act 1988 and regulations made under that section,
on any dental practitioner who wishes to be included in any such list to be so included;]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any area of the name of a dental practitioner in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, general dental services for persons in that area.
[F4(2A)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 a Health Board unless he satisfies the Board that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provisions of general dental services in the Board’s area.]
[F5(2B)Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (2) 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.]
(3)The remuneration to be paid under arrangements made under this section to a dental practitioner who provides general dental services elsewhere than at a health centre shall not, F6, consist wholly or mainly of a fixed salary [F7unless either—
(a)the remuneration is paid in pursuance of arrangements made under section 33, or
(b)the services are provided in prescribed circumstances and the practitioner consents,
and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.]
[F8(4)Where the registration of a dental practitioner in the dentists register is suspended—
(a)by an order under [F9section 32 of the Dentists Act 1984] (interim suspension); or
(b)by a direction or [F10an order of the Health Committee under] that Act (health cases),
the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.
(5)Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.]
Subordinate Legislation Made
P1S. 25: for previous exercises fo this power see Index to Government Orders.
P2S. 25(1)(2): s. 25(1)(2) (with ss. 105(7) and 108(1)) power exercised by S.I. 1991/1349
P3S. 25(1)(2)(2B): s. 25(1)(2)(2B) (with ss. 70(1A), 71(1), 71A, 75, 105(7), 108(1) and Sch. 11 paras. 2(6) and 3(3)(5)) power exercised by S.I. 1991/569
S. 25(2): s. 19 (with ss. 25(2), 26(2), 27(2), 105(7) and 108(1)) power exercised by S.I. 1991/1188
Textual Amendments
F1S. 25(2)(b) substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(6)
F2Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 40(2)
F3S. 25(2)(c) repealed (1.10.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 43, Sch. 3 Pt. I; 1998/1998, art. 2(2)(b), Sch. 2
F4S. 25(2A) inserted by S.I. 1981/432, art. 4(3)(b)
F5S. 25(2B) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 40(3)
F6Words repealed by Health Services Act 1980 (c. 53), Sch. 7
F7Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 4
F8S. 25(4)(5) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 16(a)
F9Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 12(a)
F10Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 12(b)
Modifications etc. (not altering text)
C1S. 25 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(b); S.I. 1997/2620, art. 2(2)
C2S. 25(2) extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)
C3S. 25(2)(b) modified (4.3.2004) by The National Health Service (Tribunal) (Scotland) Regulations 2004 (S.S.I. 2004/38), reg. 26(2)(b) (with regs. 32-34)