Dentists Act 1984 (c. 24)

Part IV U.K. Restrictions on Practice of Dentistry and on Carrying on Business of Dentistry

Restrictions on carrying on the business of dentistry U.K.

43 Bodies corporate entitled to carry on business of dentistry. U.K.

(1) A body corporate may, subject to the following provisions of this Part of this Act, carry on the business of dentistry if—

(a) it was carrying on the business of dentistry on 21st July 1955, and

(b) it carries on no business other than dentistry or some business ancillary to the business of dentistry, and

(c) a majority of the directors are registered dentists, and

(d) all its operating staff are either registered dentists or dental auxiliaries.

(2) Paragraph (a) of subsection (1) above shall not apply—

(a) to a society registered under the M1 Industrial and Provident Societies Act 1965 or the M2 Industrial and Provident Societies Act (Northern Ireland) 1969, or

(b) to a body corporate coming into existence on the reconstruction of a body corporate carrying on business on the date mentioned in that paragraph, or coming into existence on the amalgamation of two or more such bodies.

(3) Paragraph (b) of subsection (1) above shall not apply to a body corporate which was carrying on the business of dentistry before 28th July 1921 so as to prevent it from carrying on any business which that body was at that date lawfully entitled to carry on.

(4) Every body corporate carrying on the business of dentistry shall in every year transmit to the registrar a statement in the prescribed form containing the names and addresses of all persons who are its directors or managers or who perform dental operations in connection with its business, and if any such body corporate fails to do so, it shall be deemed to be carrying on the business of dentistry in contravention of the provisions of section 42 above.

(5) If a body corporate exempted by this section ceases at any time to carry on the business of dentistry, the exemption conferred by this section shall not extend to that body on any subsequent occasion when it carries on the business of dentistry.

(6) Nothing in this section shall prevent a body corporate from carrying on the business of dentistry in the circumstances mentioned in subsections (4), (5) and (6) of section 41 above, and subsection (4) above shall not apply in those circumstances.

(7) In this section “prescribed” means prescribed by regulations made by the Council.

Modifications etc. (not altering text)

C1 S. 43 applied (with modifications) (30.6.1999) by 1999 c. ii, s. 9

Marginal Citations

M1 1965 c. 12.

M2 1969 c. 24. (N.I.).