{
  "url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-10",
  "json_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-10.json",
  "legislation": "uksi/2005/3361",
  "legislation_title": "The National Health Service (General Dental Services Contracts) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005",
  "path": "schedule/3/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": "Mixing of services provided under the contract with private services",
  "text": "(1) Subject to sub-paragraphs (2) and (2A) and the requirements in paragraphs 2 (referral services) and 6 (orthodontic treatment plans) of Schedule 1 and paragraph 7(1)(g) of this Schedule, a contractor may, with the consent of the patient, provide privately any part of a course of treatment or orthodontic course of treatment for that patient, including in circumstances where that patient has been referred to the contractor for a referral service.\n(2) A contractor may—\n(a) not provide privately or under the contract treatment that involves the administration of general anaesthesia or the provision of sedation; and\n(b) in the case of an orthodontic course of treatment provide—\n(i) the case assessment wholly privately or wholly under the contract; and\n(ii) the orthodontic treatment wholly privately or wholly under the contract.\n(2A) A contractor who is providing to a patient a complex care pathway—\n(a) may not provide privately any periodontal treatment; and\n(b) may provide privately any other part of the course of treatment, provided that the contractor provides treatment under the contract to at least five carious teeth.\n(3) A contractor shall not, with a view to obtaining the agreement of a patient to undergo services privately—\n(a) advise a patient that the services which are necessary in his case are not available from the contractor under the contract; or\n(b) seek to mislead the patient about the quality of the services available under the contract.\n(4) In sub-paragraph (2)(a), “provision of sedation” means the provision of one or more drugs to a patient in order to produce a state of depression of the central nervous system to enable treatment to be carried out.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 3 para. 10(1) substituted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 10(8)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 3 para. 10(2A) inserted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 10(8)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/10",
    "retrieved_at": "2026-10-29T04:41:21.795162+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."
}