Health and Social Care Act 2001

33 NHS contracts U.K.

(1) In the case of a pilot scheme entered into, or to be entered into, by a single individual or body corporate, that individual or body may make an application under this section to become a health service body.

(2) In the case of any other pilot scheme, all of those providing, or proposing to provide, piloted services under the scheme may together make an application under this section to become a single health service body.

(3) An application must—

(a) be made to the relevant authority in accordance with such provisions as may be made by regulations; and

(b) specify the pilot scheme in relation to which it is made.

(4) Except in such cases as may be prescribed by regulations, the relevant authority may grant an application.

(5) If an application is granted, the relevant authority must specify a date in relation to that application and, as from that date—

(a) in the case of an application under subsection (1), the applicant is, and

(b) in the case of an application under subsection (2), the applicants together are,

a health service body for the purposes of section 4 of the 1990 Act (NHS contracts).

(6) That section has effect in relation to such a health service body (“a PHS body”), acting as acquirer, as if the functions referred to in subsection (1) of that section were the provision of piloted services.

(7) Except in such circumstances as may be prescribed by regulations, a PHS body resulting from an application under subsection (2) is to be treated, at any time, as consisting of those who are providing piloted services under the scheme.

(8) A direction as to payment made under section 4(7) of the 1990 Act against, or in favour of, a PHS body is enforceable in a county court (if the court so orders) as if it were a judgment or order of that court.

(9) Regulations may provide for a PHS body to cease to be a PHS body in prescribed circumstances.

(10) The relevant authority must—

(a) maintain and publish a list of PHS bodies;

(b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.

(11) The list is to be published in such manner as the relevant authority considers appropriate.

Commencement Information

I1 S. 33 wholly in force at 1.7.2002; s. 33 in force for certain purposes at 11.5.2001, see s. 70(2); s. 33 in force for E. at 8.3.2002 by S.I. 2002/1095, art. 2(4) (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); s. 33 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1