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Health Services and Public Health Act 1968

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Health Services and Public Health Act 1968, Section 59 is up to date with all changes known to be in force on or before 16 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 59:

  • s. 59(1) words inserted by S.I. 2006/1056 Sch. para. 1(2)(a) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
  • s. 59(2) words omitted by S.I. 2006/1056 Sch. para. 1(2)(b) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 59(2D) inserted by S.I. 2006/1056 Sch. para. 1(2)(c) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
  • s. 63(2)(aa) words inserted by S.I. 2006/1056 Sch. para. 1(3) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))

59 Extension of power of user by Crown of patented invention to user for certain health services.U.K.

(1)The powers exercisable in relation to a patented invention under section 46 of the M1Patents Act 1949 by a government department or a person authorised by a government department shall include power to make, use, exercise and vend the invention for the production or supply of drugs and medicines required for the provision of pharmaceutical services, [F1local pharmaceutical services,] [F2primary medical services,] [F3general medical services, personal medical services, [F4primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F5the Secretaries of State respectively concerned with health in England, in Wales and in Scotland] acting jointly; and any reference in that section or in section 47 or 48 of the Patents Act 1949 to the services of the Crown shall be construed accordingly.

(2)In the foregoing subsection references to pharmaceutical services, general medical services and general dental services shall be construed as referring to services of those respective kinds under [F6Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006] [F7(in the case of pharmaceutical services)], Part [F8II] of the M2National Health Service (Scotland) Act [F81978] [F9(in the case of pharmaceutical services or general dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

[F10(2A)In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F11... kinds under F12... section 17C of the 1978 Act [F13(in the case of personal dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

[F14(2B)In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—

(a)a pilot scheme established under [F15section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006];

(b)an LPS scheme established under [F16Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006]; or

(c)any corresponding provision of the law in force in the Isle of Man.]

[F17(2C)In subsection (1), the [F18reference to primary medical services is a reference to primary medical services provided under [F19the National Health Service Act 2006 or the National Health Service (Wales) Act 2006], Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to] primary dental services provided under [F19the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

(3)The power conferred by subsection (1) above to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)This section shall extend to the Isle of Man.

Textual Amendments

F1Words in s. 59(1) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(a) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F3Words in s. 59(1) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3(1)(3)(4))

F5Words substituted by S.I. 1969/388, Sch. 1

F10S. 59(2A) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3)

F14S. 59(2B) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(b) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

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