Paragraph 16 Mixing of general dental services and private care and treatment
Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:
- Sch. 2 para. 8(1) words substituted by General Dental Services 2022 reg. 2(4)(a)(i)
- Sch. 2 para. 7(1) words inserted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(a)
- Sch. 2 para. 7(11)(1) words substituted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(b)(i)
- Sch. 2 para. 7(11)(4) words substituted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(b)(ii)
- Sch. 2 para. 7(7) inserted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(b)(iii)
- Sch. 2 para. 12(1) words inserted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(c)
- Sch. 2 para. 18(1) words inserted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(c)
- Sch. 2 para. 14 words inserted by Health Services (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) 1999 reg. 5(6)(d)
- Sch. 2 para. 16(3)(a) word omitted by General Dental Services 2001 reg. 6(2)(a)
- Sch. 2 para. 16(c) and words inserted by General Dental Services 2001 reg. 6(2)(b)
- Sch. 2 para. 21(1) words inserted by General Dental Services 2001 reg. 6(3)(a)
- Sch. 2 para. 21(1)(a) words substituted by General Dental Services 2001 reg. 6(3)(b)
- Sch. 2 para. 21(4) inserted by General Dental Services 2001 reg. 6(3)(c)
- Sch. 2 para. 33A inserted by General Dental Services 2001 reg. 6(4)
- Sch. 2 para. 40 words omitted by General Dental Services 2001 reg. 6(5)
- Sch. 2 para. 25(1) word inserted by General Dental Services 2001 reg. 6(2)(a)
- Sch. 2 para. 25(2) word inserted by General Dental Services 2001 reg. 6(2)(b)
- Sch. 2 para. 25(3) substituted by General Dental Services 2001 reg. 6(2)(c)
- Sch. 2 para. 27A inserted by General Dental Services 2001 reg. 6(3)
- Sch. 2 para. 37A inserted by General Dental Services 2001 reg. 6(4)
- Sch. 2 para. 11(1) words substituted by General Dental Services 1998 reg. 5(2)(a)
- Sch. 2 para. 11(4) words inserted by General Dental Services 1998 reg. 5(2)(b)
- Sch. 2 para. 11A inserted by General Dental Services 1998 reg. 5(3)
- Sch. 2 para. 31D inserted by General Dental Services 1998 reg. 5(4)
- Sch. 2 para. 5(3) words inserted by General Dental Services 2014 reg. 2(3)(b)
- Sch. 2 para. 2(b) substituted by Health and Social Care (Disciplinary Procedures) 2016 reg. 14(1)(c)(i)
- Sch. 2 para. 25(4) words omitted by General Dental Services 2016 reg. 3
- Sch. 2 para. 4(3) words inserted by General Dental Services 1996 reg. 2(2)
- Sch. 2 para. 5(2)(c) substituted by General Dental Services 1996 reg. 2(3)
- Sch. 2 para. 8(1) substituted by General Dental Services 1996 reg. 2(4)
- Sch. 2 para. 9(1) substituted by General Dental Services 1996 reg. 2(5)(a)
- Sch. 2 para. 9(3) words omitted by General Dental Services 1996 reg. 2(5)(d)
- Sch. 2 para. 17 substituted by General Dental Services 2001 reg. 4(a)
- Sch. 2 para. 31E-31G inserted by General Dental Services 2001 reg. 4(b)
- Sch. 2 para. 8(1) text amended by General Dental Services 2009 reg. 2(3)
- Sch. 2 para. 9(1) text amended by General Dental Services 2009 reg. 2(4)
- Sch. 2 para. 33A inserted by General Dental Services 2005 reg. 4
- Sch. 2 para. 31A-31C and cross-heading inserted by General Dental Services Regulation z 1996 reg. 2
- Sch. 2 para. 27(1) word substituted by General Dental Services Regulation z 1996 reg. 3(2)(a)
- Sch. 2 para. 27(3) omitted by General Dental Services Regulation z 1996 reg. 3(2)(b)
- Sch. 2 para. 31 substituted by General Dental Services Regulation z 1996 reg. 3(3)
- Sch. 2 para. 4(3)(g) words omitted by General Dental Services 2002 reg. 2(5)(a)
- Sch. 2 para. 16(3)(c) words omitted by General Dental Services 2002 reg. 2(5)(b)
- Sch. 2 para. 21 heading words omitted by General Dental Services 2002 reg. 2(5)(c)
- Sch. 2 para. 21(1) omitted by General Dental Services 2002 reg. 2(5)(c)
- Sch. 2 para. 21(1)(2) Sch. 2 para. 21(2)(3) renumbered as Sch. 2 para. 21(1)(2) by General Dental Services 2002 reg. 2(5)(c)
- Sch. 2 para. 21(4) omitted by General Dental Services 2002 reg. 2(5)(c)
- Sch. 2 para. 33A omitted by General Dental Services 2002 reg. 2(5)(d)
- Sch. 2 para. 40 omitted by General Dental Services 2002 reg. 2(5)(e)
- Sch. 2 para. 2(b) substituted by General Dental Services 2007 reg. 2(6)
- Sch. 2 para. 26(8) words substituted by General Dental Services 2007 reg. 2(7)
- Sch. 2 para. 28(6)(b)(ii) words substituted by General Dental Services 2007 reg. 2(8)
- Sch. 2 para. 2(b)(i) text amened by General Dental Services 2008 reg. 2(4)
- Sch. 2 para. 25(2) text amened by General Dental Services 2008 reg. 2(5)
- Sch. 2 para. 28(6)(b)(ii) text amened by General Dental Services 2008 reg. 2(6)
- Sch. 2 para. 35(3) text amened by General Dental Services 2008 reg. 2(7)
- Sch. 2 para. 3(2)(b)(iv) comma substituted by General Dental Services 2013 reg. 3(2)
- Sch. 2 para. 3(2)(b)(iv) word inserted by General Dental Services 2013 reg. 3(2)
- Sch. 2 para. 3(2)(b)(v) inserted by General Dental Services 2013 reg. 3(3)
- Sch. 2 para. 3(3) inserted by General Dental Services 2013 reg. 3(4)
- Sch. 2 para. 23A inserted by General Dental Services 2013 reg. 4
- Sch. 2 para. 24(1) renumbered for Sch. 2 para. 24 by General Dental Services 2013 reg. 5(1)(a)
- Sch. 2 para. 24(2) inserted by General Dental Services 2013 reg. 5(1)(b)
- Sch. 2 para. 31D substituted by Health Care and Associated Professions (Indemnity Arrangements) 2014 Sch. 2 para. 6
- Sch. 2 para. 4(4) words inserted by General Dental Services 2014 reg. 2(3)(a)
- Sch. 2 para. 28(6)(b)(ii) substituted by Health and Social Care (Disciplinary Procedures) 2016 reg. 14(1)(c)(ii)
- Sch. 2 para. 2(b) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(2)(a)
- Sch. 2 para. 2(b) words substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(2)(b)
- Sch. 2 para. 35(3) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(a)(i)
- Sch. 2 para. 35(3) words substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(a)(ii)
- Sch. 2 para. 35(4) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(b)
- Sch. 2 para. 35(5) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(c)
- Sch. 2 para. 35(7) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(d)
- Sch. 2 para. 35(8) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(d)
- Sch. 2 para. 35(9) word substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(e)
- Sch. 2 para. 35(10) words substituted by Health and Social Care (Family Practitioner Services Independent Appeal Panel) 2022 Sch. para. 4(3)(f)
- Sch. 2 para. 8(1) word omitted by General Dental Services 2022 reg. 2(4)(a)(ii)
- Sch. 2 para. 8(1) words substituted for full stop by General Dental Services 2022 reg. 2(4)(a)(iii)
- Sch. 2 para. 9(1) words substituted by General Dental Services 2022 reg. 2(4)(b)(i)
- Sch. 2 para. 9(1) word omitted by General Dental Services 2022 reg. 2(4)(b)(ii)
- Sch. 2 para. 9(1) words substituted for full stop by General Dental Services 2022 reg. 2(4)(b)(iii)
- Sch. 2 para. 26(8)-(9) substituted by General Dental Services 2022 reg. 2(4)(c)
- Sch. 2 para. 35(3) words omitted by General Dental Services 2022 reg. 2(4)(d)
- Sch. 2 words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17(a)
- Sch. 2 para. 8(2)(b)(iii) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 9(2)(b)(iv) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 25(3)(ii) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 31A(4)(a)(ii) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 31A(5) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 31B-31D words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 31G words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 32(1) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 33(4) words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 39 words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 41 42 words substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(b)
- Sch. 2 para. 25(3)(i) word substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(c)
- Sch. 2 para. 26(8) words omitted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(d)
- Sch. 2 para.026(9)(a) words omitted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(d)
- Sch. 2 para. 28(6)(b)(ii) word substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(e)
- Sch. 2 para. 31A(6)(b) renumbered as (c) by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(f)
- Sch. 2 para. 43 substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(g)
- Sch. 2 para. 44 word substituted by Health and Social Care Act 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) 2022 reg. 3(17)(h)
- Sch. 2 para. 3(2)(b)(iv) word omitted by Health Services (Cross-Border Health Care and Miscellaneous Amendments) 2019 reg. 3(3)(a)(i)
- Sch. 2 para. 3(2)(b)(v) omitted by Health Services (Cross-Border Health Care and Miscellaneous Amendments) 2019 reg. 3(3)(a)(ii)
- Sch. 2 para. 3(3) omitted by Health Services (Cross-Border Health Care and Miscellaneous Amendments) 2019 reg. 3(3)(a)(ii)
- Sch. 2 para. 23A omitted by Health Services (Cross-Border Health Care and Miscellaneous Amendments) 2019 reg. 3(3)(b)
Subject to sub-paragraph (3), a dentist may, with the consent of the patient, provide privately any part of the care and treatment—
necessary under a continuing care arrangement or a capitation arrangement to secure and maintain the oral health of a patient; or
to be provided as part of treatment on referral.
A dentist shall not, with a view to obtaining the agreement of a patient to undergo care and treatment privately—
advise a patient that the care and treatment which is necessary in his case—
under the continuing care arrangement or the capitation arrangement to secure and maintain oral health, or
having regard to the reason given for referral, is not available from that dentist under general dental services; or
seek to mislead the patient about the quality of care and treatment available under general dental services.
Sub-paragraph (1) shall not apply—
where the treatment necessary to secure oral health relates to a single tooth, in which case the treatment shall be provided wholly under general dental services or wholly privately; and
in respect of orthodontic care and treatment in which case—
the assessment, diagnosis and planning of treatment in connection with the orthodontic care and treatment shall be provided wholly under general dental services or wholly privately, and
the orthodontic treatment shall be provided wholly under general dental services or wholly privately.