{
  "url": "https://openlegislation.uk/general-dental-services-and-personal-dental-services-transitional-provisions-order-2005/article-4",
  "json_url": "https://openlegislation.uk/general-dental-services-and-personal-dental-services-transitional-provisions-order-2005/article-4.json",
  "legislation": "uksi/2005/3435",
  "legislation_title": "The General Dental Services and Personal Dental Services Transitional Provisions Order 2005",
  "legislation_url": "https://openlegislation.uk/general-dental-services-and-personal-dental-services-transitional-provisions-order-2005",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Individual dental practitioner",
  "text": "(1) Subject to paragraphs (2) and (3), a Primary Care Trust must, if a person so wishes, enter into a general dental services contract with him as an individual dental practitioner if—\n(a) on 31st March 2006 or, if earlier, on the date on which the contract is to be signed, he is included in the dental list of that Primary Care Trust;\n(b) on the date on which the contract is to be signed, he is practising as an individual dental practitioner and—\n(i) no other dental practitioner, or\n(ii) no other person providing services under section 35 arrangements,\npractises in partnership with him; and\n(c) in the case of a contract that is to be signed after 31st March 2006, he is, at the date on which the contract is to be signed, included in a dental performers list.\n(2) A person shall not be entitled to enter into a general dental services contract if he is an individual dental practitioner who is included in the dental list and in accordance with regulation 4(2)(b)(i) of the 1992 Regulations, it is indicated in the dental list that the dental practitioner provides only orthodontic treatment.\n(3) A person shall be treated as practising for the purposes of paragraph (1)(b) if he would have been so practising on the date in question except for the fact that on that date he is—\n(a) suspended from the—\n(i) Dentists Register under section 32 of the Dentists Act (interim suspension) or by a direction or order of the Health Committee under that Act (health cases),\n(ii) dental list under section 49I (suspension for the protection of the public or in the public interest) or 49J (suspension pending appeal) of the 1977 Act, or\n(iii) dental performers list under regulation 13 of the Performers Lists Regulations (suspension for the protection of public or in the public interest);\n(b) on maternity, paternity or adoption leave and is, on that date, in receipt of payments in respect of such leave by virtue of Determination VI of the SDR;\n(c) on long term sickness leave and is, on that date, in receipt of payments pursuant to Determination VII of the SDR; or\n(d) performing relevant service.\n(4) Where a person is suspended under or as a consequence of any of the provisions referred to in paragraph (3)(a), a Primary Care Trust shall only be required under paragraph (1) to enter into a general dental services contract with him during the period of that suspension if it is satisfied that—\n(a) having regard to the grounds for suspension he is able to provide (but not perform) services under the contract and the Primary Care Trust is not at risk of material financial loss;\n(b) the entering into the contract would not—\n(i) put at risk the safety of the contractor’s patients, or\n(ii) be prejudicial to the efficiency of the provision of primary dental services in the area of the Primary Care Trust; and\n(c) the practitioner has in place adequate arrangements for the provision of services under the contract during the period of his suspension.\n(5) Where a Primary Care Trust refuses to enter into a general dental services contract as a consequence of paragraph (4), it shall notify the prospective contractor in writing of its decision, reasons for that decision and of the individual’s right of appeal under article 7.\n(6) Where the contracting parties are unable to agree on a particular term of the general dental services contract and the dispute is referred to the Secretary of State for determination in accordance with section 4 of the 1990 Act (NHS contracts) or regulation 8(1) of the GDS Contracts Regulations (pre-contract disputes), the determination may if it is made after the contract has been entered into—\n(a) vary the terms of the contract; or\n(b) bring the contract to an end.\n(7) Where a determination is made in accordance with paragraph (6), section 4(8)(a) and (b) of the 1990 Act shall apply in respect of the determination where the terms of the general dental services contract is varied or brought to an end.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1984 c. 24; as amended by S.I. 2001/3926 and 2005/2011."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Sections 49I and 48J are inserted into the 1977 Act by the 2001 Act, section 25."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/2006/562",
      "affecting_title": "The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3435/article/4",
    "retrieved_at": "2026-10-29T04:40:47.977108+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}