Section 40 Definition of business of dentistry.

United Kingdom

(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(aa)

by a person providing primary dental services F2 F3... under a contract under section 100 F4of the National Health Service Act 2006 or an agreement under section 107 of that Act, or F5... under a contract under section 57 F6of the National Health Service (Wales) Act 2006 or an agreement under section 64 of that Act, or

F7(ab)

by a person (other than one falling within paragraph (a) above) providing personal dental services under ~~F8section 28C of the National Health Service Act 1977~~ F9 or section 17C of the National Health Service (Scotland) Act 1978 F10, or

F11(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 F12, 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.

Annotations

Textual amendments

F1: S. 40(2)(aa) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 50; S.I. 2005/2925, art. 10(2)(h); S.I. 2006/345, art. 6(2)(k)
F2: Words in s. 40(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 81 (with Sch. 3 Pt. 1)
F3: Words in s. 40(2)(aa) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4: Words in s. 40(2)(aa) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5: Words in s. 40(2)(aa) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6: Words in s. 40(2)(aa) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 36(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7: S. 40(2)(ab) inserted (17.7.1998) by S.I. 1998/1546, art. 2
F8: Words in s. 40(2)(ab) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(d)
F9: 1977 c.49. Section 28C was inserted by the National Health Service (Primary Care) Act 1997 (c.46) (“the 1997 Act”), section 21(1).
F10: 1978 c.29. Section 17C was inserted by the 1997 Act, section 21(2).
F11: S. 40(2)(ac) inserted (1.1.1999) by S.R. 1998/376, art. 2
F12: S.I. 1972/1265 (N.I. 14); Article 15B is inserted by Article 21 of S.I. 1997/1177 (N.I. 7)