The Dentists Act 1984 (Amendment) Order 1998

Statutory Instruments

1998 No. 1546

DENTISTS

The Dentists Act 1984 (Amendment) Order 1998

Made

23rd June 1998

Laid before Parliament

26th June 1998

Coming into force

17th July 1998

The Secretary of State for Health, in exercise of powers conferred on him by section 41(13) and (14) of the National Health Service (Primary Care) Act 1997(1) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Dentists Act 1984 (Amendment) Order 1998 and shall come into force on 17th July 1998.

Amendment of section 40 of the Dentists Act 1984

2.  In section 40 of the Dentists Act 1984(2) (definition of business of dentistry), in subsection (2), after paragraph (a) insert—

“(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(3) or section 17C of the National Health Service (Scotland) Act 1978(4), or”.

Frank Dobson

One of Her Majesty’s Principal Secretaries of State,

Department of Health

23rd June 1998

Explanatory Note

(This note is not part of the Order)

This Order amends section 40 of the Dentists Act 1984 (“the 1984 Act”), which defines the “business of dentistry”. The 1984 Act prohibits the carrying on of the business of dentistry except by specified persons, but provides for certain exemptions. This Order adds a further exemption in respect of providers of personal dental services under the National Health Service (Primary Care) Act 1997 (“the 1997 Act”). Certain potential providers of personal dental services under that Act are already permitted by the 1984 Act to carry on the business of dentistry, or benefit from an exemption; but the list of potential providers of personal dental services in the 1997 Act goes wider than the 1984 Act currently permits. This Order extends the exemptions in the 1984 Act so that it covers the complete list of potential providers of personal dental services under the 1997 Act.

The amendment made by this Order applies to the provision of personal dental services both in England and Wales and in Scotland.

(1)

1997 c. 46.

(2)

1984 c. 24.

(3)

1977 c. 49. Section 28C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), section 21(1).

(4)

1978 c. 29. Section 17C was inserted by the 1997 Act, section 21(2).