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Regulation 5 Conditions for exemption under the Act

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

It is a condition of the exemption under sub-paragraph (4) of paragraph 2 of Schedule 12 to the Act in respect of the supply of a dental appliance to a person otherwise than as part of general dental services–

(a)

that a written declaration on a form provided for that purpose by the Secretary of State shall be made to the effect that that person is, at the time of the examination or first examination leading to the supply of the appliance, within one of the specified categories; and

(b)

where the Secretary of State so requires, that the specified evidence shall be supplied by or on behalf of that person.

(2)

It is a condition of the exemptions under sub-paragraph (4) of paragraph 2 and sub-paragraph (4) of paragraph 3 of Schedule 12 to the Act in respect of the supply of a dental appliance, or other services provided, to a person as part of general dental services–

(a)

that a written declaration on a dental estimate form shall be made to the effect that that person is, on the date of the contract or arrangement for the services, within one of the specified categories; and

(b)

where the Board so requires, that the specified evidence shall be supplied by or on behalf of that person.

(3)

The declarations referred to in paragraphs (1)(a) and (2)(a) shall be made by the person to whom the services are to be provided, except that where the application for services is made by another person on his behalff1 it shall be made instead by the person who applies for the services.

(4)

Nothing in paragraph (1)(b) or (2)(b) prevents the Secretary of State or the Board from accepting evidence other than the specified evidence as establishing that a person is within one of the specified categories.

(5)

In this regulation “the specified categories” means the categories of person specified in column (1) of Schedule 2 and “the specified evidence”, in relation to any of those categories, means the evidence specified in relation to it in column (2) of that Schedule.

Annotations

Footnotes

f1

In the case of general dental services, see S.I. 1973/1468, regulation 17.