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(ab)by a person (other than one falling within paragraph (a) above) providing personal dental services under section 28C of the National Health Service Act 1977 F2 or section 17C of the National Health Service (Scotland) Act 1978 F3, or]
[F4(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 F5, 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)(ab) inserted (17.7.1998) by S.I. 1998/1546, art. 2
F21977 c.49. Section 28C was inserted by the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”), section 21(1).
F4S. 40(2)(ac) inserted (1.1.1999) by S.R. 1998/376, art. 2
F5S.I. 1972/1265 (N.I. 14); Article 15B is inserted by Article 21 of S.I. 1997/1177 (N.I. 7)