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National Health Service Act 1977

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E+W+S

National Health Service Act 1977

1977 CHAPTER 49

An Act to consolidate certain provisions relating to the health service for England and Wales; and to repeal certain enactments relating to the health service which have ceased to have any effect.

[29th July 1977]

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Extent Information

E1For the extent of this Act see s. 130

Modifications etc. (not altering text)

C5Act: definition of "health authority" restricted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 2(6)

C8Act extended by S.I. 1991/1236, art. 2 which revoked S.I. 1991/577 on 23.5.1991

C9Act modified (1.4.1992) by S.I. 1992/635, reg. 25(16).

Act applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(8A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 95(2) (with Sch. 2 para. 6))

Act extended (15.8.1997) by 1997 c. 46, s. 9(1); S.I. 1997/1780, art. 2(1), Sch.

Act modified (15.8.1997) by 1997 c. 46, s. 9(2); S.I. 1997/1780, art. 2(1), Sch.

Act: power to restrict conferred (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 4(1)(b)(i)(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Act (with specified exceptions): transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as amended (30.6.1999) by 1999 c. 8, ss. 66(4)(5), 67(4))

Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 61(1)(2); S.I. 2000/779, art. 2(1)

Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(4), Sch. 3 para. 11(2)(a)(c)(d)(3); S.I. 2000/779, art. 2(1)

Act construed with 1997 c. 46, Pt. I (E.W.) (21.3.1997) by 1997 c. 46, s. 40(1)(a)

Act: amended (8.2.2000) by S.I. 2000/89, reg. 12(1)

Act: restricted (1.4.2000) by S.I. 2000/695, reg. 3(6)

C10By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 act, to youth courts shall be construed as references to juvenile courts.

C11Act: modified as to exercise of functions of a Health Authority (E.) (1.4.2001) by S.I. 2001/747, regs. 5(1), 6(3)(a)(b)

C12Act applied in part (8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, s. 36(1)(1A), 70(2) (with ss. 64(9), 65(4)) (as s. 36 is amended (1.10.2002) by 2002 c. 17, s. 4(2); S.I. 2002/2478, art. 3(1)(a)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. I

C13Act applied (with modifications) (8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, s. 36(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. I

Part IE+W+S Services and Administration

Functions of the Secretary of StateE+W+S

1 Secretary of State’s duty as to health service.E+W+S

(1)It is the Secretary of State’s duty to continue the promotion in England and Wales of a comprehensive health service designed to secure improvement—

(a)in the physical and mental health of the people of those countries, and

(b)in the prevention, diagnosis and treatment of illness,

and for that purpose to provide or secure the effective provision of services in accordance with this Act.

(2)The services so provided shall be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

2 Secretary of State’s general power as to services.E+W+S

Without prejudice to the Secretary of State’s powers apart from this section, he has power—

(a)to provide such services as he considers appropriate for the purpose of discharging any duty imposed on him by this Act; and

(b)to do any other thing whatsoever which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty.

This section is subject to section 3(3) below.

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Modifications etc. (not altering text)

C14S. 2: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

C15S. 2: functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I.2000/695, reg. 3(2)(a), Sch. 1

3 Services generally.E+W+S

(1)It is the Secretary of State’s duty to provide throughout England and Wales, to such extent as he considers necessary to meet all reasonable requirements—

(a)hospital accommodation;

(b)other accommodation for the purpose of any service provided under this Act;

(c)medical, dental, nursing and ambulance services;

(d)such other facilities for the care of expectant and nursing mothers and young children as he considers are appropriate as part of the health service;

(e)such facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service;

(f)such other services as are required for the diagnosis and treatment of illness.

[F1(1A)The Secretary of State may provide or secure the provision of anything mentioned in subsection (1) above outside England and Wales.]

F1(2)Where any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the M1National Health Service Act 1946, and—

(a)the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination, then

(b)regard shall be had in the general administration of the hospital to the preservation of that character and those associations.

(3)Nothing in section 2 above or in this section affects the provisions of Part II of this Act (which relates to arrangements with practitioners for the provision of medical, dental, ophthalmic and pharmaceutical services).

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Amendments (Textual)

Modifications etc. (not altering text)

C16S. 3(1)(a)-(f): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

C17S. 3(1)(a)-(f): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

Marginal Citations

[F24 High security psychiatric services.E+W+S
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Amendments (Textual)

F2S. 4 substituted (1.4.2000 for E.W.) by 1999 c. 8, s. 41(1); S.I. 1999/2793, art. 2(3)(a), Sch. 3

(1)The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide hospital accommodation and services for persons who are liable to be detained under the M2Mental Health Act 1983 and in his opinion require treatment under conditions of high security on account of their dangerous, violent or criminal propensities.

(2)The hospital accommodation and services mentioned in subsection (1) above are in this Act referred to as ”high security psychiatric services”.

(3)High security psychiatric services shall be provided only at hospital premises at which services are provided only for the persons mentioned in subsection (1) above; and for this purpose ”hospital premises” means—

(a)a hospital; or

(b)any part of a hospital which is treated as a separate unit.]

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Modifications etc. (not altering text)

C18S. 4: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

Marginal Citations

5 Other services.E+W+S

(1)It is the Secretary of State’s duty—

(a)to provide for the medical . . . F3 inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities F4. . . and for the medical . . . F3 treatment of such pupils . . . F5;

(b)to arrange, to such extent as he considers necessary to meet all reasonable requirements in England and Wales, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances and appliances.

[F6(1A)It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—

(a)for the dental inspection of pupils in attendance at schools maintained by local education authorities F4. . .;

(b)for the dental treatment of such pupils; and

(c)for the education of such pupils in dental health.

(1B)Schedule 1 to this Act shall have effect.]

(2)The Secretary of State may—

(a)provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability and, at the request of such a person, may provide for him a vehicle other than an invalid carriage (and the additional provisions set out in Schedule 2 to this Act have effect in relation to this paragraph);

(b)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)provide a microbiological service, which may include the provision of laboratories, for the control of the spread of infectious diseases [F8and carry on such other activities as in his opinion can conveniently be carried on in conjunction with that service];

(d)conduct, or assist by grants or otherwise (without prejudice to the general powers and duties conferred on him under the M3Ministry of Health Act 1919) any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, and into any such other matters connected with any service provided under this Act as he considers appropriate.

[F9(2A)Charges may be made for service or materials supplied by virtue of paragraph (c) of subsection (2) above; and the powers conferred by that paragraph may be exercised both for the purposes of the health service and for other purposes.]

[F10(2B)The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

(a)to holidays for patients;

(b)to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

(c)to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(4)The Public Health Laboratory Service Board continues in being for the purpose of exercising such functions with respect to the [F12powers conferred by paragraph (c) of subsection (2) above as the Secretary of State may determine].

(5)The Board shall continue to be constituted in accordance with Part I of Schedule 3 to this Act, and the additional provisions set out in Part II of that Schedule have effect in relation to the Board.

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Amendments (Textual)

Modifications etc. (not altering text)

C20S. 5(1)(a)(b)(1A): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

C21S. 5(2)(d): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695 reg. 3(2)(a), Sch. 1 (as amended (E.) (1.4.2002) by S.I. 2002/555, reg. 3(3))

C22S. 5(2)(b)(d): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

C23S. 5(2B) modified (23.5.1991) by S.I. 1991/1236, art. 2(b) (which S.I. revoked S.I. 1991/577)

Marginal Citations

Central Health Services Council and Medical Practices CommitteeE+W+S

6X1Central Health Services Council, and standing advisory committees.E+W+S
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Editorial Information

X1Unreliable marginal note

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(3)The Secretary of State may, . . . F14 by order constitute standing advisory committees for the purpose of advising him . . . F14 on such of the services provided under this Act as may be specified in the order [F15and the provisions of Schedule 4 to this Act shall have effect in relation to such committees].

[F16(4)Any committee so constituted shall consist of persons appointed by the Secretary of State after consultation with such representative organisations as he recognises for the purpose.]

(5)It shall be the duty of a committee so constituted to advise the Secretary of State and . . . F14

(a)upon such matters relating to the services with which the committee are concerned as they think fit, and

(b)upon any questions referred to them by the Secretary of State . . . F14 relating to those services,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(6), (7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

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Editorial Information

X1Unreliable marginal note

Amendments (Textual)

7 Medical Practices Committee.E+W+S

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17S. 7 repealed (1.4.2002 for E. (and purportedly for W.) and 1.7.2002 for W.) by 2001 c. 15, s. 67(1)(2), Sch. 5 Pt. 1 para. 5(2), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.; S.I. 2002/1475, art. 2(1), Sch. Pt. I

Local administrationE+W+S

[F188 Health Authorities and Strategic Health AuthoritiesE+W+S

(1)It is the duty of the Secretary of State to establish, in accordance with Part 1 of Schedule 5 to this Act, authorities to be called—

(a)Strategic Health Authorities, in the case of authorities established for areas in England;

(b)Health Authorities, in the case of authorities established for areas in Wales.

(2)Subject to subsection (4) below—

(a)a Strategic Health Authority shall be established for such area of England as is specified in the order establishing the authority; and

(b)a Health Authority shall be established for such area of Wales as is so specified, or, if the order so provides, for the whole of Wales.

(3)A Strategic Health Authority or a Health Authority shall be known by such name, in addition to the title “Strategic Health Authority” or “Health Authority”, as—

(a)appears to the Secretary of State appropriately to signify the connection of the authority with the area for which they are established; and

(b)is specified in the order establishing the authority.

(4)The Secretary of State may by order—

(a)vary the area of a Strategic Health Authority or Health Authority;

(b)abolish a Strategic Health Authority or Health Authority;

(c)establish a new Strategic Health Authority or Health Authority;

(d)change the name by which a Strategic Health Authority or Health Authority are known.

(5)No order shall be made under this section relating to a Strategic Health Authority until after the completion of such consultation as may be prescribed.

(6)Consultation requirements contained in regulations under subsection (5) are in addition to, and not in substitution for, any other consultation requirements which may apply.

(7)The Secretary of State shall act under this section so as to ensure—

(a)that the areas for which Strategic Health Authorities are at any time established together comprise the whole of England;

(b)that the areas for which Health Authorities are at any time established together comprise the whole of Wales; and

(c)that no area for which a Strategic Health Authority or a Health Authority are established extends both into England and into Wales.

(8)The power to make incidental or supplemental provision conferred by section 126(4) below includes, in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property, rights and liabilities.F18]

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Amendments (Textual)

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S
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Amendments (Textual)

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Amendments (Textual)

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11[F23Special Health Authorities.]E+W+S
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Amendments (Textual)

F23S. 11 sidenote substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 2(c) (with Sch. 2 para. 6)

[F24(1)The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.]

(2)The Secretary of State may, subject to the provisions of Part III of Schedule 5 to this Act, make such further provision relating to that body as he thinks fit.

(3)A body established in pursuance of this section shall (without prejudice to the power conferred by subsection (4) below allocate a particular name to the body) be called a [F25Special Health Authorities].

(4)Without prejudice to the generality of the power conferred by this section to make an order (or of section 126(4) below), that order may in particular contain provisions as to—

(a)the membership of the body established by the order;

(b)the transfer to the body of officers, property, rights and liabilities; and

(c)the name by which the body is to be known.

(5)It is the Secretary of State’s duty before he makes such an order to consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.

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Amendments (Textual)

F24S. 11(1) substituted (1.9.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, s. 65(1), Sch. 4 para. 6; S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3)

F25Words in s. 11(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 2(b) (with Sch. 2 para. 6)

12 Supplementary provisions for ss. 8 [F26and] 11.E+W+S
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Amendments (Textual)

F26Word in s. 12 sidenote substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 3(c) (with Sch. 2 para. 6)

F27(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(2)] The provisions of Part III of Schedule 5 to this Act have effect, so far as applicable, in relation to—

[F29(a)[F30Strategic Health Authorities and]F30 Health Authorities established under section 8 above; and

(b)any Special Health Authority established under section 11 above.]

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Amendments (Textual)

F27S. 12(1) omitted (4.1.2000 for E. and otherwise prosp.) and repealed (prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 7, Sch. 5; S.I. 1999/2342, art. 2(3), Sch. 2

F28S. 12 renumbered as s. 12(2) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 3 (with Sch. 2 para. 6)

F29S. 12(2)(a)(b) (as so renumbered) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) for s. 12(2)(a)-(c) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 3(b) (with Sch. 2 para. 6)

[F3113 Secretary of State’s directions.E+W+S

(1)The Secretary of State may direct a [F32Health Authority or Special Health Authority] to exercise on his behalf such of his functions relating to the health service as are specified in the directions, and F33. . . it shall be the duty of the [F34Health Authority or Special Health Authority] to comply with the directions.

(2)The Secretary of State’s functions under subsection (1) above—

(a)include any of his functions under enactments relating to mental health and nursing homes, F35. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F31S. 13 ceased to have effect (1.9.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, ss. 12(5), 65, Sch. 5; S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 2000/1041, art. 2(d), Sch.

F32Words in s. 13(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 4(a)(i) (with Sch. 2 para. 6)

F33Words in s. 13(1) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 Pt. I para. 4(a)(ii), Sch. 3 (with Sch. 2 paras. 6, 16)

F34Words in s. 13(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 4(a)(iii) (with Sch. 2 para. 6)

F35S. 13(2)(b) and preceding word omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 Pt. I para. 4(b), Sch. 3 (with Sch. 2 paras. 6, 16)

F3614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F36S. 14 omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5, 8(1), Sch. 1 Pt. I para. 5, Sch. 3 (with Sch. 2 paras. 6, 16)

15[F37Duty of Health Authority in relation to family health services.]E+W+S
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Amendments (Textual)

F37S. 15 sidenote substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 6(e) (with Sch. 2 para. 6)

(1)It is the duty [F38of each Primary Care Trust and]F38 of [F39each Health Authority, in accordance with regulations]

[F40(a)to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their [F41area];]

(b)to perform such [F42management and] other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

[F44(1ZA)It is the duty of [F45each Strategic Health Authority and]F45 each Health Authority, in accordance with regulations, to perform such functions in relation to section 28C arrangements as may be prescribed.

(1ZB)Regulations under subsection (1ZA) may, in particular—

(a)prescribe functions in relation to training;

(b)provide for appeals to the Secretary of State or a prescribed body in relation to functions prescribed by the regulations.]

[F46(1ZC)It is the duty of each Primary Care Trust—

(a)in making LPS arrangements to establish and operate, in accordance with directions given by the Secretary of State under section 17 F47 by virtue of section 36(2) of the Health and Social Care Act 2001, procedures for dealing with complaints about the provision of local pharmaceutical services in accordance with those arrangements, and

(b)in accordance with regulations, to perform such other functions in relation to those arrangements as may be prescribed.

(1ZD)Regulations under subsection (1ZC)(b) may, in particular, prescribe functions in relation to training.]

F46F48(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49[F50(1B)In relation to a Part II medical practitioner—

(a)whose name is included in the medical list of only one [F51Primary Care Trust or]F51 Health Authority, and

(b)who practises on his own or in partnership with others all of whom are Part II medical practitioners whose names are included only in [F52the medical list of that Trust or Authority]F52,

any reference in this Act or the M4National Health Service and Community Care Act 1990 to the relevant [F51Primary Care Trust or]F51 Health Authority is to be construed as a reference to [F53that Trust or Authority]F53 .

(1BA)In relation to a medical practitioner who is not within subsection (1B), any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant [F54Primary Care Trust or]F54 Health Authority is to be construed as a reference to [F55the Trust or Authority]F55 in whose area most of the practice patients live.]

[F56(1C)In relation to the operation of a fund-holding practice by medical practitioners the relevant Health Authority in respect of one or more of whom would (apart from this subsection) be different from that in respect of the other or others, the relevant Health Authority for each of them shall be determined for the purposes of the application of any provision relating to fund-holding practices as if they were all practising in a single partnership.]

[F57(1D)In this section—

  • ”Part II medical practitioner” means a medical practitioner who provides general medical services under Part II and does not perform personal medical services under section 28C arrangements; and

  • ”practice patient” means—

    (a)

    in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list);

    (b)

    in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list).]]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

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Amendments (Textual)

F39Words in s. 15(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 6(a)(i) (with Sch. 2 para. 6)

F41Words in s. 15(1)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 6(a)(ii) (with Sch. 2 para. 6)

F47Section 17 was substituted by the 1999 Act, section 12(1), and amended by the 2002 Act, Schedule 1, paragraph 7.

F48S. 15(1A) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 Pt. I para. 6(b), Sch. 3 (with Sch. 2 paras. 6, 16)

F49S. 15(1B)-(1D) repealed (1.10.1999 for specified purposes for E., 1.4.2000 for specified purposes for W. and otherwise prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 8, Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

F56S. 15(1C) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 6(d) (with Sch. 2 para. 6)

Modifications etc. (not altering text)

C24S. 15(1)(b) modified (1.4.1995) by S.I. 1995/692, art. 2

Marginal Citations

[F5916 Exercise of functions by Health Authorities and Special Health Authorities.E+W+S
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Amendments (Textual)

F59S. 16 substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise

prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 9; S.I. 1999/2342, art. 2(1)(3), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3)

(1)This subsection applies to functions which are exercisable by [F60a Strategic Health Authority or]F60 a Health Authority under or by virtue of this Act (including this section), the M5National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2)Regulations may provide for any functions to which subsection (1) above applies to be exercised—

[F61(za)by another Strategic Health Authority;]

F61(a)by another Health Authority,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the following: Primary Care Trusts [F62, Local Health BoardsF62][F63, other Strategic Health Authorities]F63 and other Health Authorities.

(3)Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised—

(a)by another Special Health Authority, or

(b)jointly with one or more other Special Health Authorities.

(4)Regulations may provide—

(a)for any functions to which subsection (1) above applies to be exercised, on behalf of the [F64Strategic Health Authority or]F64 Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the [F64Strategic Health Authority or]F64 Health Authority,

(b)for any functions which, under section 16D below or this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.]

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Amendments (Textual)

F60Words in s. 16(1) inserted (2.9.2002 for E. and 1.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002, (c. 17), ss. 1(3), 42(3), {Sch. 1 Pt. 1 para. 3(a)}; S.I. 2002/2202, art. 3(a); S.I. 2002/2478, art. 3(1)(c)

F61S. 16(2)(za) inserted (2.9.2002 for E. and 1.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002, (c. 17), ss. 1(3), 42(3), {Sch. 1 Pt. 1 para. 3(b)(i)}; S.I. 2002/2202, art. 3(a); S.I. 2002/2478, art. 3(1)(c)

F62Words in 16(2)(c) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002, (c. 17), ss. 6(2), 42(3), {Sch. 5 para. 5}; S.I. 2002/2532, art. 2, Sch.

F63Words in 16(2)(c) inserted (2.9.2002 for E. and 1.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002, (c. 17), ss. 1(3), 42(3), {Sch. 1 Pt. 1 para. 3(b)(ii)}; S.I. 2002/2202, art. 3(a); S.I. 2002/2478, art. 3(1)(c)

F64Words in s. 16(4)(a) inserted (2.9.2002 for E. and 1.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002, (c. 17), ss. 1(3), 42(3), {Sch. 1 Pt. 1 para. 3(c)}; S.I. 2002/2202, art. 3(a); S.I. 2002/2478, art. 3(1)(c)

Marginal Citations

[F6516A Primary Care Trusts.E+W+S
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Amendments (Textual)

F65Ss. 16A, 16B inserted (8.9.1999 for specified purposes for E. and 4.1.2000 insofar as not already in force for E.) by 1999 c. 8, s. 2(1); S.I. 1999/2342, art. 2(2)(a)(3), Sch. 2

[F66(1)It is the duty of the Secretary of State to establish bodies to be known as Primary Care Trusts for areas in England with a view to their exercising functions in relation to the health service.

(1A)The Secretary of State shall act under this section so as to ensure that the areas for which Primary Care Trusts are at any time established together comprise the whole of England.]

F66(2)Each Primary Care Trust shall be established by an order made by him (referred to in this Act as a PCT order).

(3)A Primary Care Trust shall be established for the area [F67of England]F67 specified in its PCT order and shall exercise its functions in accordance with any prohibitions or restrictions in the order.

(4)If any consultation requirements apply, they must be complied with before a PCT order is made.

(5)In this section, ”consultation requirements” means requirements about consultation contained in regulations (and the regulations must impose requirements where a PCT order establishes a Primary Care Trust).

(6)Schedule 5A to this Act (which makes further provision about Primary Care Trusts) shall have effect.]

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Amendments (Textual)

Modifications etc. (not altering text)

C25S. 16A extended (19.12.2001 for E.) by 2001 c. 15, ss. 45(5), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2(a)

F6816B Exercise of functions by Primary Care Trusts.E+W+S

(1)This section applies to functions which are exercisable by a Primary Care Trust under or by virtue of this Act (including this section), the M6National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2)Regulations may provide for any functions to which this section applies to be exercised—

(a)by another Primary Care Trust,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the following: [F69Strategic Health Authorities,]F69 Health Authorities, NHS trusts [F70, Local Health Boards]F70 and other Primary Care Trusts.

(3)Regulations may provide—

(a)for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,

(b)for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more [F71Strategic Health Authorities,]F71 Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.

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Amendments (Textual)

F68Ss. 16A, 16B inserted (8.9.1999 for specified purposes for E., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) by 1999 c. 8, s. 2(1); S.I. 1999/2342, art. 2(2)(a)(3), Sch. 2

Marginal Citations

[F7216BA Local Health BoardsE+W+S
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Amendments (Textual)

(1)The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising—

(a)functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities),

(b)other functions of the Assembly relating to the health service.

(2)Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

(3)A Local Health Board shall be established for the area of Wales specified in its LHB order.

(4)If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

(5)In this section, “consultation requirements” means requirements about consultation contained in regulations made by the Assembly.

(6)Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect.

16BB Local Health Boards: functionsE+W+S

(1)The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which—

(a)were exercised by a Health Authority in relation to any part of the same area, and

(b)have been transferred to the Assembly as mentioned in section 16BA(1) above.

(2)The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions.

(3)The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

(4)The Assembly may give directions to a Local Health Board about its exercise of any functions.

(5)Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing.

16BC Exercise of functions by Local Health BoardsE+W+S

(1)This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section.

(2)The Assembly may give directions providing for any functions to which this section applies to be exercised—

(a)by another Local Health Board;

(b)by a Special Health Authority; or

(c)jointly with any one or more of the following: Health Authorities, NHS trusts, Primary Care Trusts and other Local Health Boards.

(3)Directions given by the Assembly may provide—

(a)for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Board,

(b)for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more Health Authorities or other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.]

[F7316C Advice for Health Authorities and Primary Care Trusts.E+W+S
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Amendments (Textual)

F73S. 16C inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 10; S.I. 1999/2342, art. 2(3)(a), Sch. 2

(1)Every [F74Strategic Health Authority and every]F74 Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.

(2)This section applies to Primary Care Trusts [F75and Local Health Boards]F75 as it applies to [F76Strategic Health Authorities and]F76 Health Authorities.]

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Amendments (Textual)

[F77 Directions as to distribution and exercise of functions]E+W+S

[F7816D Secretary of State’s directions: distribution of functions.E+W+S
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Amendments (Textual)

F78Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

(1)The Secretary of State may direct a [F79Strategic Health Authority,]F79 Health Authority or Special Health Authority [F80or a Primary Care Trust]F80 to exercise any of his functions relating to the health service which are specified in the directions.

(2)The Secretary of State may direct a Special Health Authority to exercise any functions of a [F81Strategic Health Authority or]F81 Health Authority or a Primary Care Trust which are specified in the directions.

(3)The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.]

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Amendments (Textual)

[17F82 Secretary of State’s directions: exercise of functions.E+W+S

(1)The Secretary of State may give directions to any of the bodies mentioned in subsection (2) below about their exercise of any functions.

(2)The bodies are—

[F83(za)Strategic Health Authorities;]

F83F83(a)Health Authorities;

(b)Special Health Authorities;

(c)Primary Care Trusts;

(d)NHS trusts.

[F84(3)Nothing in any provision made by or under this or any other Act shall be read as affecting the generality of subsection (1) above.]]

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Amendments (Textual)

F82Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

F84S. 17(3) substituted for s. 17(3)(a)-(c) (22.10.2001 (E.) and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(3) (with ss. 64(9), 65(4)); S.I. 2001/3619, art. 3(2)

[F8517AStrategic Health Authority’s directions: distribution of functions.E+W+S

(1)A Strategic Health Authority may, in relation to any specified functions of theirs, direct a Primary Care Trust any part of whose area falls within their area to exercise those functions.

(2)But a Strategic Health Authority may not so direct a Primary Care Trust in relation to any functions of the Strategic Health Authority arising under section 28C arrangements if the Primary Care Trust is providing any services in accordance with those arrangements.

(3)The Secretary of State may direct Strategic Health Authorities that specified functions of theirs—

(a)are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or

(b)are not to be exercisable by Primary Care Trusts,

and that the power in subsection (1) above is to be exercised accordingly.

(4)Directions under subsection (3)(a) above may include directions that any of the specified functions are to be exercised (or exercised to or only to any specified extent) jointly with the Strategic Health Authority, or jointly by one or more Primary Care Trusts; but such directions may be given only if regulations providing for the joint exercise of those functions have been made under section 16 or 16B above.

(5)In this section, “specified” means specified in the directions.F85]

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Amendments (Textual)

[F8617B Health Authority’s directions: exercise of functions.E+W+S
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Amendments (Textual)

F86Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

(1)A [F87Strategic Health Authority]F87 may give directions to a Primary Care Trust about its exercise of any functions F88... .

(2)Directions under this section have effect subject to any directions given under section 17 above.]

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Amendments (Textual)

[F89 Directions and regulations: general]E+W+S

[F9018Directions and regulations under preceding provisions.E+W+S
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Amendments (Textual)

F90S. 18: cross-heading, sidenote and subsections (1)-(1B) substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 18 down to the end of subsection (1) by 1999 c. 8, s. 12(3); S.I. 1999/2342, art. 2(1)(3), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3)

(1)Any directions given by the Secretary of State under section 16D, 17 or 17A above shall be given by regulations or by an instrument in writing.

(1A)But any directions given by him—

(a)under section 16D above about functions under section 4 above; [F91orF91]

(b)F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)under section 16D, 17 or 17A above about functions conferred on the Secretary of State by section 20(1) or (2) below,

shall be given by regulations.

(1B)Directions given by a [F93Strategic Health Authority]F93 under section 17A or 17B above shall be given by an instrument in writing.]

F94(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Directions given and regulations made under sections [F9516 to 17B above] in respect of any function—

(a)shall not, except in prescribed cases, preclude [F96an authority or a] person by whom the function is exercisable apart from the directions or regulations from exercising the function, and

(b)may in the case of directions given by an instrument in writing be varied or revoked by subsequent directions given in pursuance of those sections and this section (without prejudice to the operation of [F97section 14 of the M7Interpretation Act 1978] in the case of directions given by regulations),

F98. . .

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Amendments (Textual)

F94S. 18(2) omitted (28.6.1995 for specified purposes and otherwise 1.4.1996) and repealed (1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 Pt. I para. 9(b), Sch. 3 (with Sch. 2 paras. 6, 16)

F95Words in s. 18(3) substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) by 1999 c. 8, s. 12(4); S.I. 1999/2343, art. 2(1)(3), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3)

F96Words in s. 18(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 9(c)(ii) (with Sch. 2 para. 6)

F98Words in s. 18(3) repealed (28.6.1995) by 1995 c. 17, ss. 3(8)(10), 5(1), Sch. 3 (with Sch. 2 para. 6s, 16)

Marginal Citations

M71978 c. 30(115:1).

[F99 Primary Care Trusts: further functionsE+W+S

F10018A Provision of services etc.E+W+S

(1)A Primary Care Trust may provide services under an agreement made under section 28C below, and may do so as a member of a qualifying body (within the meaning of section 28D).

(2)A Primary Care Trust may arrange for the provision by the trust to another health service body of goods or services (including accommodation) which are of the same description as those which, at the time of making the arrangement, the trust has power to provide in carrying out its other functions.

(3)A Primary Care Trust may provide premises for the use of persons—

(a)providing general medical, general dental, general ophthalmic or pharmaceutical services, or

(b)performing personal medical or personal dental services under an agreement made under section 28C below,

on any terms it thinks fit.

(4)A Primary Care Trust which manages any hospital may make accommodation or services available there for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the trust in respect of the accommodation or services.

(5)A Primary Care Trust has power to do anything specified in section 7(2) of M8the Health and Medicines Act 1988 (provision of goods, services etc.), other than make accommodation or services available for patients at any hospital it manages, for the purpose of making additional income available for improving the health service.

(6)A Primary Care Trust may only exercise a power conferred by subsection (4) or (5) above—

(a)to the extent that its exercise does not to any significant extent interfere with the performance by the trust of its functions or of its obligations under NHS contracts, and

(b)in circumstances specified in directions under section 17 above, with the Secretary of State’s consent.

(7)In this section ”hospital” means a health service hospital and includes any establishment or facility managed for the purposes of the health service.]

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Amendments (Textual)

F100S. 18A and preceding cross-heading inserted (4.1.2000 for specified purposes for E. and otherwiseprosp.) by 1999 c. 8, s. 5; S.I. 1999/2342, art. 2(3), Sch. 2

Marginal Citations

[F101Advisory committees for Wales] andCommunity Health CouncilsE+W+S

19[F102Advisory committees for Wales].E+W+S
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Amendments (Textual)

F102Words in the sidenote to s. 19 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 10 para. 10(e) (with Sch. 2 paras. 6, 16)

(1)Where the Secretary of State is satisfied that a committee formed for Wales, F103. . . is representative of persons of any of the following categories—

(a)the medical practitioners, or

(b)the dental practitioners, or

(c)the nurses and midwives, or

(d)the registered pharmacists, or

(e)the ophthalmic and dispensing opticians,

of Wales F104. . ., then it shall be his duty to recognise the committee.

(2)A committee recognised in pursuance of subsection (1) above shall be called—

(a)the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

F105(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State’s duty under [F107subsection (1)] above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

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Amendments (Textual)

F103Words in s. 19(1) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(a)(i), Sch. 3 (with Sch. 2 paras. 6, 16)

F104Words in s. 19(1) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(a)(ii), Sch. 3 (with Sch. 2 paras. 6, 16)

F105S. 19(2)(b) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(b), Sch. 3 (with Sch. 2 paras. 6, 16)

F106S. 19(3) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(c), Sch. 3 (with Sch. 2 paras. 6, 16)

F107Words in s. 19(4) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 10(d) (with Sch. 2 paras. 6, 16)

Prospective

[F10819A Independent advocacy servicesE+W+S
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Amendments (Textual)

F108S. 19A inserted (prosp.) by 2001 c. 15, ss. 12, 70(2) (with ss. 64(9), 65(4))

(1)It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2)Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a)a complaint under a procedure operated by a health service body or independent provider,

(b)a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c)a complaint of a prescribed description which relates to the provision of services as part of the health service and—

(i)is made under a procedure of a prescribed description, or

(ii)gives rise, or may give rise, to proceedings of a prescribed description.

(3)In subsection (2)—

  • health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

  • independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4)The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5)In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6)The Secretary of State may make payments to any person in pursuance of arrangements under this section.]

20 Community Health Councils.E+W+S

(1)It is the Secretary of State’s duty to establish in accordance with this [F109section, in the case of the area of each Health Authority, a council for the area, or separate councils for such separate parts of the area] as he thinks fit, and such a council shall be called a Community Health Council.

(2)The Secretary of State—

(a)may if he thinks fit discharge this duty by establishing a Community Health Council for a district which includes the areas or parts of the areas of two or more [F110Health Authorities], but

(b)shall be treated as not having discharged that duty unless he secures that there is no part of the area of [F111a Health Authority]which is not included in some Community Health Council’s district.

(3)The additional provisions of Schedule 7 to this Act have effect in relation to Community Health Councils.

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Amendments (Textual)

F109Words in s. 20(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 11(a) (with Sch. 2 paras. 6, 16)

F110Words in s. 20(2)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 11(b)(i) (with Sch. 2 paras. 6, 16)

F111Words in s. 20(2)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 11(b)(ii) (with Sch. 2 paras. 6, 16)

Modifications etc. (not altering text)

C26S. 20 modified (1.12.1998) by 1998 c. 38, s. 27(7)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2789, art. 2

Co-operation and assistanceE+W+S

21 Local social services authorities.E+W+S

(1)Subject to paragraphs (d) and (e) of section 3(1) above, the services described in Schedule 8 to this Act in relation to—

(a)care of mothers F112. . .,

(b)prevention, care and after-care,

(c)home help and laundry facilities,

are functions exercisable by local social services authorities, and that Schedule has effect accordingly.

(2)A local social services authority who provide premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment—

(a)by any other local social services authority, or

(b)by any of the bodies constituted under this Act, or

(c)by a local education authority.

This permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.

(3)A local social services authority may provide (or improve or furnish) residential accommodation—

(a)for officers employed by them for the purposes of any of their functions as a local social services authority, or

(b)for officers employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 8.

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Amendments (Textual)

Modifications etc. (not altering text)

22 Co-operation between health authorities and local authorities.E+W+S

[F113(1)In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.

(1A)In this section “NHS body” means—

[F114(za)a Strategic Health Authority;]

F114F114(a)a Health Authority;

(b)a Special Health Authority;

(c)a Primary Care Trust; F115...

[F116(cc)a Local Health Board; or]

F116F116(d)an NHS trust.]

[F117(2)There shall be committees, to be called joint consultative committees, who shall [F118advise][F119bodies represented on them] on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities. F120. . .

[F121(3)Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

(3ZA)For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.]

[F122(3A)It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.]

(4)The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—

(a)provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;

(b)provide, where it appears to the Secretary of State appropriate, for [F123a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority;]

(c)afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice;

(d)authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee;

(e)authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are [F124neither—

(i)members of the authorities represented by the joint consultative committee; nor

(ii)appointed by virtue of an order under subsection (3A) above];

(f)require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved; and

(g)require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.

(5)Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.

[F125(6)Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.]]

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Amendments (Textual)

F113S. 22(1)(1A) substituted (1.4.2000 for E. and 1.12.2000 for W. for specified purposes and otherwise prosp.) for s. 22(1) by 1999 c. 8, ss. 27, 67(1); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/2991, art. 2(1), Sch. 1

F118Word in s. 22(2) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 12(b) (with Sch. 2 paras. 6, 16)

F120Table in s. 22(2) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 12(c), Sch. 3 (with Sch. 2 paras. 6, 16)

F121S. 22(3)(3ZA) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) for s. 22(3) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 12(d) (with Sch. 2 paras. 6, 16)

F123Words in s. 22(4)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 12(e) (with Sch. 2 paras. 6, 16)

F124Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41 SIF 113:3), s. 12, Sch. 5 para. 2(b)

23 Voluntary organisations and other bodies.E+W+S

(1)The Secretary of State may, where he considers it appropriate, arrange with any person or body (including a voluntary organisation) for that person or body to provide, or assist in providing, any service under this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

(2)The Secretary of State may make available—

(a)to any person or body (including a voluntary organisation) carrying out any arrangements under subsection (1) above, or

(b)to any voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968 (assistance made available by the Secretary of State or local authorities),

any facilities (including goods or materials, or the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act; and, where anything is so made available, the services of persons employed by the Secretary of State or by a [F127Strategic Health Authority,F127][F128Health Authority [F129, Special Health Authority [F130, Primary Care Trust or Local Health BoardF130]]] in connection with it.

(3)The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State, and any goods or materials may be made available either temporarily or permanently.

(4)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, [F131the Vehicle Excise and Registration Act 1994] and [F132Part VI of the Road Traffic Act 1988] shall have effect with such modifications as are specified in the order.

(5)Any power to supply goods or materials conferred by this section includes a power to purchase and store them and includes a power to arrange with third parties for the supply of goods or materials by those third parties.

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Amendments (Textual)

F128Words in s. 23(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 13 (with Sch. 2 paras. 6, 16)

F129Words in s. 23(2) substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 13(2) (with art. 2(5))

F131Words in s. 23(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 10 (with s. 57(4))

Modifications etc. (not altering text)

C28S. 23(1)-(3): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

C29S. 23(1)-(3): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133E+W+S
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Amendments (Textual)

F133S. 24 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I

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Amendments (Textual)

F133S. 24 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I

25 Supplies not readily obtainable.E+W+S

Where the Secretary of State has acquired—

(a)supplies of human blood for the purposes of any service under this Act, or

(b)any part of a human body for the purpose of, or in the course of providing, any such service, or

(c)supplies of any other substances or preparations not readily obtainable,

he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he thinks fit) to any person.

This section is subject to section 62 below (restriction of powers under [F134section 25]).

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Amendments (Textual)

26 Supply of goods and services by Secretary of State.E+W+S

(1)The Secretary of State may—

(a)supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service;

(b)make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him [F135or by a Primary Care Trust] for any service under this act, and the services of persons employed by the Secretary of State or by a [F136Strategic Health Authority,F136][F137Health Authority [F138Special Health Authority [F139, Primary Care Trust or Local Health BoardF139]]];

(c)carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.

In this subsection—

  • maintenance work” includes minor renewals, minor improvements and minor extensions; and

  • public bodies” includes public bodies in Northern Ireland.

[F140(2)The Secretary of State may supply or make available to persons—

(a)providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or

(b)providing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part, [F141 or

(c)providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part,]

F141F141such goods, materials or other facilities as may be prescribed.]

(3)The Secretary of State shall make available to local authorities—

(a)any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under this Act,

(b)the services provided as part of the health service by any person employed by the Secretary of State or a [F142Strategic Health Authority,F142][F137Health Authority [F143Special Health Authority or Primary Care Trust]], and

(c)the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a [F144Strategic Health Authority,F144][F137Health Authority [F143Special Health Authority or Primary Care Trust]] otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

[F145(4)The Secretary of State may arrange to make available to local authorities the services of persons of the following descriptions, that is to say—

(a)persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services,

[F146(aa)persons performing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,]...

[F147(ab)persons providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part, and]

F147F147(b)persons providing [F148Strategic Health Authorities,F148][F149Health Authorities [F150Special Health Authorities or Primary Care Trusts]] with services of a kind provided as part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.]

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Amendments (Textual)

F135Words in s. 26(1)(b) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 4 para. 11(a); S.I. 1999/2342, art. 2(3), Sch. 2

F137Words in s. 26 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 14(a)

F138Words in s. 26(1)(b) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 4 para. 11(a); S.I. 1999/2342, art. 2(3), Sch. 2

F140S. 26(2) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 5(2); S.I. 1998/631, art. 2(b), Sch. 2 (subject to arts. 3-5) (as amended (13.8.1998) by S.I. 1998/1998, art. 3(3))

F143Words in s. 26(3)(b)(c) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 11(b); S.I. 1999/2342, art. 2(3), Sch. 2

F146S. 26(4)(aa) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 5(3); S.I. 1998/631, art. 2(b), Sch. 2 (subject to arts. 3-5) (as amended (13.8.1998) by S.I. 1998/1998, art. 3(3))

F149Words in s. 26(4)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 14(b)

F150Words in s. 26(4)(b) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 11(c); S.I. 1999/2342, art. 2(3), Sch. 2

Modifications etc. (not altering text)

C30S. 26: functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

C31S. 26(1)-(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

27 Conditions of supply under s. 26.E+W+S

(1)It is the Secretary of State’s duty, before he makes the services of any officer of a [F151Strategic Health Authority,F151][F152Health Authority [F153Special Health Authority [F154, Primary Care Trust or Local Health BoardF154]]] available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of section 26 above, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter, or to satisfy himself that the [F155Strategic Health Authority,F155][F152Health Authority [F153Special Health Authority [F156, Primary Care Trust or Local Health BoardF156]]] has consulted the officer about the matter.

(2)The Secretary of State shall be entitled to disregard the provisions of subsection (1) above in a case where he considers it necessary to make the services of an officer available as mentioned in that subsection for the purpose of dealing temporarily with an emergency, and has previously consulted such a body about the making available of services in an emergency.

(3)For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of section 26 the Secretary of State may give such directions to [F157Strategic Health Authorities,F157][F158Health Authorities [F159Special Health Authorities [F160, Primary Care Trusts and Local Health BoardsF160]]] to make the services of their officers available as he considers appropriate; [F161. . .].

(4)The powers conferred by this section and section 26 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of section 26 as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

(5)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of section 26 and is used in accordance with the terms on which it is so made available, [F162the Vehicle Excise and Registration Act 1994] and [F163Part VI of the M9Road Traffic Act 1988] shall have effect with such modifications as are specified in the order.

(6)Any power to supply goods or materials conferred by section 26 includes a power to purchase and store them, and a power to arrange with third parties for the supply of goods or materials by those third parties.

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Amendments (Textual)

F152Words in s. 27(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 15(a)

F153Words in s. 27(1) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 12(2); S.I. 1999/2342, art. 2(3), Sch. 2

F158Words in s. 27(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 15(b)(i)

F159Words in s. 27(3) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 12(3)(a); S.I. 1999/2342, art. 2(3), Sch. 2

F161Words in s. 27(3) omitted (1.9.1999 for E. and 1.12.1999 for W.) by virtue of 1999 c. 8, ss. 65(1), Sch. 4 para. 12(3)(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 and repealed (1.4.2000) by 1999 c. 8, ss. 65(2), Sch. 5; S.I. 2000/1041, art. 2(d), Sch.

F162Words in s. 27(5) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 10 (with s. 57(4))

Modifications etc. (not altering text)

C32S. 27(1)(2)(4): functions of local authoriry not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

C33S. 27(1)(2)(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

Marginal Citations

M91988 c. 52(107:1).

28 Supply of goods and services by local authorities.E+W+S

(1)In the M10Local Authorities (Goods and Services) Act 1970 the expression “public body” includes any [F164Strategic Health Authority,F164][F165Health Authority [F166Special Health Authority [F167, Primary Care Trust or Local Health BoardF167]]] and so far as relates to his functions under this Act includes the Secretary of State.

(2)The provisions of subsection (1) above have effect as if made by an order under section 1(5) of that Act of 1970, and accordingly may be varied or revoked by such an order.

(3)Every local authority shall make available to [F168Strategic Health Authorities,F168][F169Health Authorities, Special Health Authorities [F170Primary Care Trusts [F171, Local Health BoardsF171]]][F172and NHS trusts] acting in the area of the local authority the services of persons employed by the local authority for the purposes of the local authority’s functions under the M11Local Authorities Social Services Act 1970 so far as is reasonably necessary and practicable to enable [F173Strategic Health Authorities,F173][F169Health Authorities, Special Health Authorities [F174Primary Care Trusts [F174, Local Health BoardsF174]]][F172and NHS trusts] to discharge their functions under this Act [F175and the National Health Service and Community Care Act 1990].

F176(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F165Words in s. 28(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 16(a)

F166Words in s. 28(1) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 13(a); S.I. 1999/2342, art. 2(3), Sch. 2

F169Words in s. 28(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 16(b)

F170Words in s. 28(3) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 13(b); S.I. 1999/2342, art. 2(3), Sch. 2

Marginal Citations

[F17728A Power to make payments towards expenditure on community services.E+W+S
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Amendments (Textual)

(1)This section applies to the following [F178[F179bodies]

(a)a Health Authority;]...

[F180(b)a Primary Care Trust[F181; and]]

[F182F181(c)a Local Health Board.]

F182(2)[F183A body to which] this section applies may, if they think fit, make payments—

(a)to a local social services authority towards expenditure incurred or to be incurred by them in connection with [F184any social services functions (within the meaning of the Local Authority Social Services Act 1970)], other than functions under section 3 of the M12Disabled Persons (Employment) Act 1958;

(b)to a district council, [F185or to a Welsh county council or county borough council,]towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the M13Residential Homes Act 1980 or Part II of Schedule 9 to the M14Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);

(c)to an authority who are a local education authority for the purposes of [F186the Education Act 1996], towards expenditure incurred or to be incurred by them in connection with their functions under [F187the Education Acts (within the meaning of that Act)], in so far as they perform those functions for the benefit of disabled persons;

[F188(d)to a local housing authority within the meaning of the M15Housing Act 1985, towards expenditure incurred or to be incurred by them in connection with their functions under Part II of that Act (provision of housing); and]

(e)to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—

[F189(i)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.]

(ii)the Commission for the New Towns;

(iii)a new town development corporation;

(iv)an urban development corporation established under the M16Local Government, Planning and Land Act 1980;

(v)the Housing Corporation; F190. . .

F190(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F191(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F192(2A)A body to which this section applies may, if they think fit, make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority’s functions which, in the opinion of the body,—

(a)have an effect on the health of any individuals,

(b)have an effect on, or are affected by, any NHS functions, or

(c)are connected with any NHS functions.

(2B)In this section “NHS functions” means functions exercised by a [F193Strategic Health Authority,]F193 Health Authority, Special Health Authority, Primary Care Trust [F194, Local Health Board]F194 or NHS trust.]

(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

[F195(4)No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.]

(5)The Secretary of State may by directions prescribe conditions relating to payments under this section.

(6)The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(7)Without prejudice to the generality of subsection (5) above, the power may be exercised—

(a)so as to make different provision for England and Wales and different provision for different [F196areas] in either; and

(b)so as to require, in such circumstances as may be specified,—

(i)repayment of the whole or any part of a payment under this section;

(ii)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8)No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—

[F195(a)accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and]]

(b)conform with the conditions prescribed for payments of that description under subsection (5) above.

(9)Where [F197the expenditure in respect of which a payment under this section is proposed to be made] is expenditure in connection with services to be provided by a voluntary organisation—

(a)the [F198body] who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under subsection (2) [F199or (2A)] above; and

(b)an authority of one of the descriptions specified in paragraph (a), (b), (c) or (d) of subsection (2) above [F200, or in subsection (2A) above,] and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,

but no payment shall be made under this subsection except subject to conditions [F201which conform with the conditions prescribed for payments of that description under subsection (5) above.]

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Amendments (Textual)

F178Words in s. 28A(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 17(a)

F179Word in s. 28A(1) substituted (1.11.1999 for E., 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 29(2)(a), 67(2); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1

F180S. 28A(1)(b) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 29(2)(b), 67(2); S.I. 1999/2793, art. 2(3)(b)

F183Words in s. 28A(2) substituted (1.11.1999 for E. and 1.12.2000 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(2); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1

F184Words in s. 28A(2)(a) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 17; S.I. 2000/2849, art. 2(1)

F190S. 28A(2)(e)(vi) and word “and” immediately preceding repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F192S. 28A(2A)(2B) inserted (1.11.1999 for E., 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 29(3), 67(2); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1

F195S. 28A(4)(8)(a) omitted (1.11.1999 for E. for specified purposes, 1.4.2000 for specified other purposes, 1.12.2000 for W. for specified purposes, and 1.1.2001 for other specified purposes) by virtue of 1999 c. 8, ss. 65(1), Sch. 4 para. 14(3); S.I. 1999/2793, art. 2(1)(a)(3)(c)(i), Sch. 1; S.I. 2000/2991, art. 2(1)(2), Schs. 1, 2

F196Word in s. 28A(7)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 17(b)

F197Words in s. 28A(9) substituted (1.11.1999 for E., 1.4.2000 for W. for specified purposes and otherwise 1.1.2001) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(a); S.I. 1999/2793, art. 2(1)(a)(3)(c)(i), Sch. 1; S.I. 2000/2991, art. 2(1)(2), Schs. 1, 2

F198Word in s. 28A(9)(a) substituted (1.11.1999 for E. and 1.12.2000 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(b); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1

F201Words in s. 28A(9)(b) substituted (1.11.1999 for E. for specified purposes, 1.4.2000 for specified other purposes, 1.12.2000 for W. and for specified other purposes, 1.1.2001) for s. 28A(b)(i)(ii) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(e); S.I. 1999/2793, art. 2(1)(a)(3)(c)(i), Sch. 1; S.I. 2000/2991, art. 2(1)(2), Schs. 1, 2

Marginal Citations

M161980 c. 65(81:1, 2) (103:1, 2) (123:1, 2, 3, 4).

[F20228B Power of Secretary of State to make payments towards expenditure on community services in Wales.E+W+S

(1)The Secretary of State may, if he thinks fit, make payments—

(a)to authorities in Wales of any of the descriptions mentioned in paragraphs (a), (b), (c) and (d) of sectopm 28A(2) above, for the purposes respectively mentioned in those paragraphs;

(b)to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation in Wales,— F203

[F204(i)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.]

(ii)the Commission for the New Towns;

(iii)a new town development corporation;

(iv)an urban development corporation established under the M17Local Government, Planning and Land Act 1980;

F205(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may, if he thinks fit, make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which he could make payments under subsection (1) above.

(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4)Conditions may be attached to a payment under this section.

(5)Without prejudice to the generality of subsection (4) above, the conditions that may be attached include conditions requiring, in such circumstances as may be specified,—

(a)repayment of the whole or any part of a payment under this section;

(b)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.]

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Amendments (Textual)

F206S. 28B(1)(b)(vi) and the word “and” immediately preceding repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

Marginal Citations

[F20728BB Power of local authorities to make payments to NHS bodies.E+W+S+N.I.
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Amendments (Textual)

F207S. 28BB inserted (1.4.2000 for E. and 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 30, 67(2); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/2991, art. 2(1), Sch. 1

(1)A local authority may, if they think fit, make payments to a relevant NHS body towards expenditure incurred or to be incurred by the body in connection with the performance by the body of prescribed functions of the NHS body.

(2)In this section—

  • prescribed” means prescribed to any extent by regulations made by the Secretary of State;

  • relevant NHS body” means a [F208Strategic Health Authority or]F208 Health Authority or a Primary Care Trust [F209or Local Health Board]F209.

(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4)The Secretary of State may by directions prescribe conditions relating to payments under this section.

(5)The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(6)Without prejudice to the generality of subsection (4) above, the power may be exercised—

(a)so as to make different provision for England and Wales and different provision for different areas in either; and

(b)so as to require, in such circumstances as may be specified—

(i)repayment of the whole or any part of a payment under this section; or

(ii)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(7)No payment shall be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (4) above.]

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Amendments (Textual)

F209Words in s. 28BB(2) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), {Sch. 5 para. (14)}; S.I. 2002/2532, art. 2

[F210 Provision of personal medical or dental services]E+W+S

Prospective

F21128C Personal medical or dental services.E+W+S

(1)A [F212Strategic Health Authority or a]F212 Health Authority may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 28E, under which—

(a)personal medical services are provided (otherwise than by the Authority); or

(b)personal dental services are provided (otherwise than by the Authority).

(2)An agreement made under this section—

(a)may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services [F213, and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 28 of the Health and Social Care Act 2001]; but

(b)may include arrangements for the provision of services—

(i)which are not personal medical services or personal dental services; but

(ii)which may be provided under this Part.

(3)Except to such extent as may be prescribed—

(a)a patient for whom personal medical services are provided in accordance with an agreement made under this section is not to count as a person for whom arrangements must be made by the [F214Primary Care Trust or]F214 Health Authority concerned under section 29;

(b)a patient for whom personal dental services are provided under an agreement made under this section is not to count as a person for whom arrangements must be made by the [F215Primary Care Trust or]F215 Health Authority concerned under section 35.

(4)This Act (and in particular section 17) has effect, in relation to personal medical services or personal dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section [F21616D]) of functions of his under this Part.

(5)The functions of a Health Authority in relation to an agreement made under this section are primary functions of the Authority for the purposes of the M18National Health Service and Community Care Act 1990.

(6)Regulations may provide—

(a)for functions which are exercisable by a [F217Strategic Health Authority or a]F217 Health Authority in relation to an agreement made under this section to be exercisable on behalf of the Authority by a Health Board; and

(b)for functions which are exercisable by a Health Board in relation to an agreement made under section 17C of the M19National Health Service (Scotland) Act 1978 to be exercisable on behalf of the Board by a [F217Strategic Health Authority or a]F217 Health Authority.

(7)For the purposes of this section—

  • personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part II; and

  • personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part II.

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Amendments (Textual)

F211SS. 28C-28D inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F213Words in s. 28C(2)(a) inserted (1.7.2002 for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 11(4) (with ss. 64(9), 65(4))); S.I. 2002/1475, art. 2, Sch. Pt. 1

F216Word in s. 28C(4) substituted (1.10.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 15; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

Marginal Citations

Prospective

[F21828D Persons with whom agreements may be made.E+W+S

(1)A [F219Strategic Health Authority or a]F219 Health Authority may make an agreement under section 28C only with one or more of the following—

(a)an NHS trust;

(b)in the case of an agreement under which personal medical services are provided—

(i)a qualifying medical practitioner;

(ii)an individual who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;

(c)in the case of an agreement under which personal dental services are provided—

(i)a qualifying dental practitioner;

(ii)an individual who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;

(d)an NHS employee, a section 28C employee or a section 17C employee;

(e)a qualifying body.

[F220(f)a Primary Care Trust]

(2)In this section—

  • the 1978 Act” means the M20National Health Service (Scotland) Act 1978;

  • NHS employee” means an individual who, in connection with the provision of services in the health service in England and Wales or Scotland, is employed by—

    (a)

    an NHS trust;

    (b)

    in the case of an agreement under which personal medical services are provided—

    (b)
    (i)

    a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1978 Act; or

    (ii)

    a medical practitioner who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;

    (c)

    in the case of an agreement under which personal dental services are provided—

    (c)
    (i)

    a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a) of this Act or section 25(2)(a) of the 1978 Act; or

    (ii)

    a dental practitioner who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;

  • qualifying body” means—

    (a)

    a company which is limited by shares all of which are legally and beneficially owned by persons falling within [F221paragraph (a), (b), (c), (d) or (f)] of subsection (1); and also

    (b)

    in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the M21Dentists Act 1984, is entitled to carry on the business of dentistry;

  • qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;

  • qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;

  • section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act;

  • section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;

  • section 28C arrangements” means arrangements for the provision of services made under section 28C; and

  • section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F218SS. 28C-28D inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F220S. 28D(1)(f) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(a); S.I. 1999/2540, art. 2(2)

F221S. 28D(2); words in para. (a) of the definition of “qualifiying body” substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(b); S.I. 1999/2540, art. 2(2)

Marginal Citations

[F22228DA Lists of persons who may perform personal medical services or personal dental servicesE+W
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Amendments (Textual)

F222S. 28DA inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 26(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2

(1)The Secretary of State may make regulations providing for the preparation and publication [F223by each Primary Care Trust and]F223 by each Health Authority of one or more lists of—

(a)medical practitioners who may perform personal medical services in accordance with section 28C arrangements,

(b)dental practitioners who may perform personal dental services in accordance with section 28C arrangements.

(2)Such a list is referred to in this section as a “services list”.

(3)The regulations may, in particular, include provision as to—

(a)the [F224Primary Care Trust or]F224 Health Authority to which an application for inclusion in a services list is to be made,

(b)the procedure for applying for inclusion, including any information to be supplied to the [F225Primary Care Trust or]F225 Health Authority (whether by the applicant or by arrangement with him),

(c)grounds on which the [F226Primary Care Trust or]F226 Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d)requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

(e)grounds on which a [F227Primary Care Trust or]F227 Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

(f)payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g)the supply to the [F228Primary Care Trust or]F228 Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h)circumstances in which a person included in a services list may not withdraw from it,

(i)criteria to be applied in making decisions under the regulations,

(j)appeals against decisions of [F229Primary Care Trusts and]F229 Health Authorities under the regulations,

(k)the disclosure by a [F230Primary Care Trust or]F230 Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

(4)The regulations may, in particular, also provide for—

(a)a person’s inclusion in a services list to be subject to conditions determined by the [F231Primary Care Trust or]F231 Health Authority,

(b)the [F232Primary Care Trust or]F232 Health Authority to vary the conditions or impose different ones,

(c)the consequences of failing to comply with a condition (including removal from the list), and

(d)the review by the [F233Primary Care Trust or]F233 Health Authority of their decisions made by virtue of regulations under this subsection.

(5)The imposition of such conditions must be with a view to—

(a)preventing any prejudice to the efficiency of the services to which the services list relates; or

(b)preventing any acts or omissions of the type described in section 49F(3)(a) below.

(6)Regulations may provide—

(a)that no person may perform personal medical services in accordance with section 28C arrangements unless he is included in a medical list, a supplementary list under section 43D or a services list,

(b)that no person may perform personal dental services in accordance with section 28C arrangements unless he is included in a list referred to in section 36(1)(a), a supplementary list under section 43D or a services list.

(7)Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

(8)If the regulations provide under subsection (3)(e) or (4) that a [F234Primary Care Trust or]F234 Health Authority may suspend or remove a person from a services list, they must include provision—

(a)requiring him to be given notice of any allegation against him;

(b)giving him the opportunity of putting his case at a hearing before the [F234Primary Care Trust or]F234 Health Authority make any decision as to his suspension or removal; and

(c)requiring him to be given notice of the [F235decision of the Primary Care Trust or of the Health Authority]F235 and the reasons for it and of any right of appeal under subsection (9) or (10).

(9)If the regulations provide under subsection (3)(c) or (e) that a [F236Primary Care Trust or]F236 Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the [F237decision of the Primary Care Trust or of the Health Authority]F237 .

(10)If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the [F238decision of the Primary Care Trust or of the Health Authority]F238

(a)to impose conditions, or any particular condition,

(b)to vary a condition,

(c)to remove him from the services list for breach of condition,

(d)on any review of an earlier such decision of theirs.]

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Amendments (Textual)

Prospective

[F23928E Personal medical or dental services: regulations.E+W+S
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Amendments (Textual)

F239S. 28E inserted (prosp.) by 1997 c. 46, ss. 22(1), 41(3)

(1)The Secretary of State may make regulations with respect to the provision of services in accordance with section 28C arrangements.

(2)The regulations must—

(a)include provision for participants other than [F240Strategic Health Authorities and]F240 Health Authorities to withdraw from section 28C arrangements if they wish to do so;

(b)impose conditions (including conditions as to qualifications and experience) to be satisfied by medical practitioners performing personal medical services, and dental practitioners performing personal dental services, in accordance with section 28C arrangements.

In paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.

(3)The regulations may, in particular—

(a)provide that section 28C arrangements may be made only in prescribed circumstances;

(b)provide that section 28C arrangements may be made only in prescribed areas;

(c)provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 28C arrangements;

(d)require details of section 28C arrangements to be published;

(e)make provision with respect to the variation and termination of section 28C arrangements;

(f)prevent (except in such circumstances and to such extent as may be prescribed) a medical practitioner who performs personal medical services in accordance with section 28C arrangements from providing general medical services;

(g)make provision with respect to medical lists, including provision for preferential treatment for medical practitioners;

(h)provide for parties to section 28C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 4 of the M22National Health Service and Community Care Act 1990;

(i)provide for directions, as to payments, made under section 4(7) of the Act of 1990 (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

(j)confer powers or impose duties on the Dental Practice Board in relation to agreements made by virtue of section 28C(1) under which personal dental services are provided;

(k)authorise [F241Strategic Health Authorities and]F241 Health Authorities to make payments of financial assistance for prescribed categories of preparatory work undertaken—

(i)in connection with preparing proposals for section 28C arrangements; or

(ii)in preparation for the provision of services under proposed section 28C arrangements.

[F242(4)The regulations must include provision for a medical practitioner who—

(a)has provided or performed personal medical services in accordance with section 28C arrangements, and

(b)in contemplation of doing so, gave up fund-holding status,

to be allowed to return immediately to fund-holding status on satisfying the Secretary of State that, if he were granted that status, he would be able to fulfil the conditions for the time being in force for continuing to have it.

For the purposes of this subsection “fund-holding status” has such meaning as may be prescribed.]

(5)The Secretary of State must—

(a)consider whether section 28C arrangements are likely to have an adverse effect on the distribution of medical practitioners providing general medical services or performing personal medical services in England or in Wales;

(b)if he thinks that the arrangements are likely to have that effect, consider whether it is necessary to include in the regulations provisions designed to secure that, so far as is possible, the arrangements do not have that effect; and

(c)if he thinks that it is necessary, include such provisions in the regulations.

(6)Regulations which impose conditions on persons performing personal medical services or persons performing personal dental services (whether made by virtue of subsection (2)(b) or otherwise) may, in particular, include provision of a kind that may be made by regulations under section 32.

(7)Regulations made by virtue of subsection (3)(g) may, in particular, include provision—

(a)requiring (except in prescribed circumstances) [F243Primary Care Trusts and]F243 Health Authorities to remove from their medical lists persons who are performing personal medical services in accordance with section 28C arrangements or corresponding services under section 17C of the M23National Health Service (Scotland) Act 1978;

(b)conferring a right to transfer to a medical list on persons who have ceased to perform such services;

(c)that any provision in relation to medical lists made by or under any enactment is not to apply;

(d)as to conditions to be attached to entries in medical lists;

(e)conferring powers of disqualification on the [F244Family Health Services Appeal Authority constituted under section 49S].

(8)The power to make provision under this section of the kind mentioned in subsection (3)(j) includes power—

(a)to authorise or require the Dental Practice Board to perform on behalf of a [F245Strategic Health Authority or]F245 Health Authority functions of a prescribed description (including functions relating to remuneration) which have been delegated to the Board by the [F246Strategic Health Authority or]F246 Health Authority in accordance with a power conferred by the regulations;

(b)to provide that functions conferred by the regulations are only to be exercised by the Board in accordance with directions of the Secretary of State;

(c)to require information for the purpose of performing any functions conferred or imposed on the Board under this section.]

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Amendments (Textual)

F242S. 28E(4) repealed (1.10.1999 for E. and 1.4.2000 for W.) by 1999 c. 8, ss. 65(2), Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

F244Words in s. 28E(7)(e) substituted ((E.) 1.10.2001 for specified purposes otherwise 1.12.2001 and (W.) 26.8.2002) by 2001 c. 15, ss. 27(5)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to art. 4(2), Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. ll (subject to art. 3(2))

Marginal Citations

Prospective

[F24728EE Delegation of Health Authority functions relating to section 28C arrangements.E+W
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F247S. 28EE inserted (prosp.) by 1999 c. 8, ss. 6(2), 67(2)

(1)F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order make provision for any rights and liabilities arising under an agreement to provide personal medical services under section 28C above to be transferred from [F249Strategic Health Authorities]F249 to Primary Care Trusts and from Primary Care Trusts to [F250Strategic Health Authorities]F250 .

(3)Subsection (2) above is without prejudice to any other power of the Secretary of State to transfer rights and liabilities under this Act.]

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Amendments (Textual)

[F25128F Right to choose medical practitioner.E+W+S
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F251S. 28F inserted (1.4.1998) by 1997 c. 46, s. 23(1); S.I. 1997/631, art. 2(1)(a), Sch. 1 (subject to arts. 3-5)

(1)Provision shall be made in regulations for conferring a right on any person to choose the medical practitioner from whom he is to receive primary medical services, subject to—

(a)the consent of the practitioner concerned; and

(b)any limit on the number of patients to be accepted by any practitioner.

(2)In particular, the regulations—

(a)shall prescribe the procedure for choosing a practitioner;

(b)may prescribe a limit on the number of patients to be accepted by a medical practitioner who undertakes to provide general medical services under Part II; and

(c)shall provide for the distribution among medical practitioners of persons who have indicated a wish to obtain primary medical services but—

(i)have been refused by the medical practitioner of their choice; or

(ii)have not chosen a medical practitioner.

(3)The Secretary of State may give directions imposing a limit on the number of patients to be accepted by a medical practitioner who performs personal medical services in accordance with section 28C arrangements.

(4)Any such directions may make different provision for different cases or descriptions of case.

(5)Regulations under this section may also provide that the right to choose a medical practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

(6)In this section “primary medical services” means medical services which are—

(a)provided, in accordance with section 28C arrangements, as personal medical services; or

(b)provided under Part II as general medical services.]

[F25228G Right to choose dental practitioner.E+W+S
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

(1)Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.

(2)The regulations shall, in particular, prescribe the procedure for choosing a practitioner.

(3)The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

(4)In this section “primary dental services” means dental services which are—

(a)provided, in accordance with section 28C arrangements, as personal dental services; or

(b)provided under Part II as general dental services.]

[F25328H Immunisation.E+W+S
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Amendments (Textual)

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 28C arrangements an opportunity to participate in the arrangements for vaccination or immunisation.]

[F25428I Use of accommodation.E
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Amendments (Textual)

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with

[F255(a)the provision of personal medical services or personal dental services in accordance with section 28C arrangements, or

(b)the provision of local pharmaceutical services in accordance with LPS arrangements,

he may]F255 make the accommodation available on such terms as he thinks fit to persons providing those services.]

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Extent Information

E2This version of this provision extends to England only; a separate version has been created for Wales (and any Scotland extent).

Amendments (Textual)

[F25428I Use of accommodationW+S
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Amendments (Textual)

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.]

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Extent Information

E5This version of this provision extends to Wales (and any Scotland extent) only; a separate version has been created for England only.

Prospective

[F25628J Local pharmaceutical services schemesE+W
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Amendments (Textual)

F256S. 28J inserted (prosp.) by 2001 c. 15, ss. 40(1), 70(2) (with ss. 64(9), 65(4))

(1)Schedule 8A makes provision with respect to the provision of local pharmaceutical services in accordance with schemes made by [F257Primary Care Trusts and]F257 Health Authorities.]

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Amendments (Textual)

Part IIE+W+S General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

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Modifications etc. (not altering text)

C34Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C35Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C36Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

General medical servicesE+W+S

29Arrangements and regulations for general medical services.E+W+S
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Modifications etc. (not altering text)

[F258(1)It is the duty [F259of every Primary Care Trust and]F259 of every [F260Health Authority], in accordance with regulations [F261which shall be made for the purpose], to arrange as respects their [F262area] with medical practitioners to provide personal medical services for all persons in the [F262area] who wish to take advantage of the arrangements.

(1A)The services so provided are referred to in this Act as “general medical services”.]

(2)Regulations may provide for the definition of the personal medical services to be provided and for securing that the arrangements will be such that all persons availing themselves of those services will receive adequate personal care and attendance, and the regulations shall include provision—

[F263(a)for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of medical practitioners who undertake to provide general medical services for persons in the area of the Primary Care Trust or Health Authority;]

F263F263F264(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F264(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for the issue to patients or their personal representatives by medical practitioners providing those services of such certificates as may be prescribed being certificates reasonably required by them under or for the purposes of any enactment;

(e)for the removal from the list of medical practitioners undertaking to provide general medical services for persons in any [F265area] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general medical services for persons in that [F265area].

[F266(f)for the making of arrangements for the temporary provision of general medical services [F267in the area of a [F268Primary Care Trust or]F268 Health Authority];

(g)for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.]

(3)Regulations under subsection (2) above may provide for the personal medical services there mentioned to include the provision of, and services connected with, any such advice, examination and treatment as are mentioned in paragraph (b) of section 5(1) above.

[F269(4)The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall not, except in special circumstances, consist wholly or mainly of a fixed salary which has no reference to the number of patients for whom he has undertaken to provide such services.]

[F270(5)Regulations shall—

(a)include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and

(b)provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.]

[F271(5A)Regulations may include provision as to the making of declarations about—

(a)financial interests;

(b)gifts above a prescribed value; and

(c)other benefits received.

(5B)Before making regulations by virtue of subsection (5A), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent medical practitioners providing general medical services.]

[F272(6)The persons with whom arrangements for the temporary provision of general medical services in [F273an area] may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in [F274the area], and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.

(7)Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a)to the making of arrangements for the temporary provision of general medical services; and

(b)to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

[F275(8)Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a)by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of his physical or mental health;

(b)by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or

(c)by an interim order under section 41A of that Act (interim orders),

the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.

(9)Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a)by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of deficient professional performance;

(b)by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or

(c)under rules made by virtue of paragraph 5A(3) of Schedule 4 to that Act (procedure of committees),

the suspension shall not, except in so far as provided by a determination in accordance with regulations under subsection (2) above, terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.F275F275]]

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Amendments (Textual)

F258S. 29(1)(1A) substituted for s. 29(1) by S.I. 1985/39, art. 7(3)(a)

F260Words in s. 29(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(a)(i) (with Sch. 2 para. 6)

F262Words in s. 29(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(a)(ii) (with Sch. 2 para. 6)

F264S. 29(2)(b)(c) repealed (1.4.1998) by 1997 c. 46, 41(10(12), Sch. 2 Pt. I para. 8, Sch. 3 Pt. I; S.I. 1998/631, art. 2(1)(a), Sch. 1

F265Words in s. 29(2)(e) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(b)(i) (with Sch. 2 para. 6)

F267Words in s. 29(2)(f) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(b)(ii) (with Sch. 2 para. 6)

F269S. 29(4) ceased to have effect (prosp.) by virtue of National Health Service Act 1966 (c. 8, SIF 113:2), s. 10(3), (as substituted (29.8.1977) by Sch. 15 para. 37(b) of this Act)

S. 29(4) repealed (14.12.2001 for E. (except for certain purposes) and otherwise prosp.) by 2001 c. 15, ss. 17, 67(2), 70(2), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III

F271S. 29(5A)(5B) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 23(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. 1 Pt. 1

F273Words in s. 29(6) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(c)(i) (with Sch. 2 para. 6)

F274Words in s. 29(6) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 18(c)(ii) (with Sch. 2 para. 6)

F275S. 29(8)(9) substituted (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 16(1), Sch. 1 para. 8 (with transitional provisions in Sch. 2)

Modifications etc. (not altering text)

C38S. 29 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(a); S.I. 1997/2620, art. 2(2)(a)

C40S. 29(4) modified by S.I. 1974/160, reg. 19(16)(a) (as substituted by S.I. 1985/1053, reg. 3(5)

C41S. 29(4) continued (prosp.) by 1997 c. 46, s. 41(3)(11), Sch. 2 Pt. II para. 71(4)

S. 29(4) continued (1.10.1999 for S. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 2; S.S.I. 1999/90, art. 2(b)

[F27629A Medical lists.E+W+S
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Amendments (Textual)

[F277(1)A Primary Care Trust or Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the area of the Trust or Authority unless his name is included in the medical list of the Trust or Authority.]

F277(2)A medical practitioner is entitled to be included in [F278the medical list of a Primary Care Trust or Health Authority]F278 only if—

(a)he is eligible for inclusion in the list; and

(b)he is nominated or approved, in accordance with regulations under section 29B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the [F279Trust or]F279 Authority.

(3)[F280Subject to any provision made under section 43C] a medical practitioner is eligible for inclusion in a medical list if—

(a)he has not attained the age specified in regulations under section 8 of the M24Health and Medicines Act 1988 (retirement age for practitioners); and

[F281(b)he is not disqualified from inclusion in [F282the medical lists of all Primary Care Trusts and Health Authorities]F282 by virtue of a national disqualification imposed on him by the FHSAA.]

(4)Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.

[F283(4A)Regulations may make provision in relation to the supply to a [F284Primary Care Trust or]F284 Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him), of—

(a)information of a prescribed description; and

(b)a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

(5)This section is subject to section 29(6) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.

(6)In this Act “medical list”, in relation to a [F285Primary Care Trust or]F285 Health Authority, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the [F286Trust or]F286 Authority under regulations made under section 29(2)(a).]

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Amendments (Textual)

F280Words in s. 29A(3) inserted (1.4.2000) by 1999 c. 8, ss. 9(2), 67; S.I. 1999/2793, art. 2 (3)(b); S.I. 2000/1041, art. 2(a)

F281S. 29A(3)(b) substituted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(4) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

F283S. 29A(4A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)

C42S. 29A(2)(b) excluded (1.4.1998: subject to transitional provisions) by 1997 c. 46, s. 13(9), Sch. 1 para. 2(2); S.I. 1998/631, art. 2(1)(a), Sch. 1

Marginal Citations

[F28729B Vacancies for medical practitioners.E+W+S

(1)Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.

(2)The regulations may, in particular, include provision for—

[F288(a)the determination by a [F289Primary Care Trust or]F289 Health Authority of whether there is, or will be, a vacancy for a medical practitioner in a locality;

(b)any consultation which a [F289Primary Care Trust or]F289 Health Authority must undertake before doing so;]

(c)the determination by [F290a [F289Primary Care Trust or]F289 Health Authority] of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;

(d)the determination by a [F289Primary Care Trust or]F289 Health Authority of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;

(e)the nomination by a [F289Primary Care Trust or]F289 Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;

(f)the approval by a [F289Primary Care Trust or]F289 Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.

[F291(2A)The regulations may also make provision in relation to—

(a)grounds on which a [F289Primary Care Trust or]F289 Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H(2) below);

(b)information which must be supplied to a [F289Primary Care Trust or]F289 Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);

(c)the supply to a [F289Primary Care Trust or]F289 Health Authority by such a medical practitioner of a certificate of a kind referred to in section 29A(4A)(b) above; and

(d)the disclosure by a [F289Primary Care Trust or]F289 Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the [F289Primary Care Trust or]F289 Health Authority to nominate or approve them.]

(3)The regulations may also make provision in relation to—

(a)criteria to be applied in making decisions under the regulations,

[F292(aa)grounds on which a [F293Primary Care Trust or]F293 Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy;]]

(b)the variation or revocation of such decisions (including appeals to the [F294FHSAA] on points of law), F295...

[F296(c)vacancies relating to the area of one Primary Care Trust which also relate to the area of another Primary Care Trust, or of a Health Authority, or of a Health Board, or

(d)vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or of a Primary Care Trust,]

F296F296and may contain such transitional provisions as the Secretary of State considers appropriate.

[F297(3A)If regulations made by virtue of subsection (2A)(a) provide that a [F298Primary Care Trust or]F298 Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the [F299decision of the Primary Care Trust or of the Health Authority]F299 .]

(4)Regulations which make provision about vacancies which relate partly to the area of a Health Board may, in particular, provide that section 29A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 19B of the M25National Health Service (Scotland) Act 1978.

(5)In this section—

  • conditions of practice” means conditions—

    (a)

    specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and

    (b)

    specifying the locality in which a person is entitled to provide general medical services;

  • Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;

  • [F300locality”, in relation to a Primary Care Trust or to a Health Authority, means the area of the Trust or of the Authority, or a particular part of their area;

  • sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.

(6)This section does not affect the power to make regulations under section 29.]

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Amendments (Textual)

F288S. 29B(2)(a)(b) substituted (8.3.2002 for certain purposes and 1.4.2002 otherwise) by 2001 c. 15, ss. 15(2)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(2)

F290Words in s. 29B(2)(c) substituted (8.3.2002 for certain purposes and 1.4.2002 otherwise) by 2001 c. 15, ss. 15(2)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(2)

F291S. 29B(2A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(3)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

F292S. 29B(3)(aa) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

F294Word in s. 29B(3)(b) substituted (8.3.2002 for certain purposes, 1.4.2002 for all other purposes for E. and otherwise prosp.) by 2001 c. 15, ss. 15(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(2)

F297S. 29B(3A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(3)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

Marginal Citations

F30130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

31 Requirement of suitable experience.E+W+S

[F302(1)Regulations under section 29B must secure that a medical practitioner is not nominated or approved by a [F303Primary Care Trust or]F303 Health Authority for appointment to fill a vacancy unless he is suitably experienced.]

(2)For the purposes of this section a medical practitioner is “suitably experienced” if, but only if, he either—

(a)has acquired the prescribed medical experience, or

(b)is by virtue of regulations made under section 32 below exempt from the need to have acquired that experience, and “medical experience” includes hospital experience in any specialty.

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Amendments (Textual)

Modifications etc. (not altering text)

C43S. 31 applied (28.11.1997) by 1997 c. 46, s. 2(4); S.I. 1997/2620, art. 2(2)

32 Regulations as to s. 31.E+W+S

(1)Regulations may for the purposes of section 31 above provide—

(a)for prescribing the medical experience needed to satisfy paragraph (a) of section 31(2);

(b)as to the documents which an applicant may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind;

(c)for requiring an applicant who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience”) to that effect;

(d)for enabling an applicant without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the applicant’s medical experience is so equivalent, to issue him a certificate (a “certificate of equivalent experience”) to that effect;

(e)for treating an applicant who holds a certificate of equivalent experience as satisfying paragraph (a) of section 31(2);

(f)as to the circumstances or conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience;

(g)for conferring on an applicant who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Secretary of State, and for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right;

(h)for anything authorised or required by section 31 to be prescribed or otherwise provided for by regulations.

In this section—

  • [F304applicant” means a medical practitioner who is seeking to be nominated or approved by a [F305Primary Care Trust or]F305 Health Authority in accordance with regulations under section 29B for appointment to fill a vacancy;

  • the prescribed experience” means the medical experience for the time being prescribed for the purposes of paragraph (a) of section 31(2).

(2)Regulations under this section shall be framed so as to allow the prescribed experience to be acquired without undertaking whole-time employment.

(3)Any power under this section to make regulations—

(a)may be exercised so as to make different provision for different [F306areas] or different periods of time or in relation to different cases or different circumstances;

(b)includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.]

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Amendments (Textual)

F304Definition of “applicant” in s. 32(1) substituted (10.12.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 9; S.I. 1998/2840, art. 2, Sch.

F306Word in s. 32(3)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 21 (with Sch. 2 para. 6)

Modifications etc. (not altering text)

C45S. 32 applied (1.4.1998) by 1997 c. 46, s. 11(3); S.I. 1998/631, art. 2(1)(a), Sch. 1 (with arts. 3-5)

S. 32 applied (with modifications) (1.4.1998) by 1997 c. 46, s. 11(3)(4); S.I. 1998/631, art. 2(1)(a), Sch. 1 (with arts. 3-5)

33 Distribution of general medical services.E+W+S

F307(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F308(1A)The Secretary of State may by order specify—

(a)the maximum number of medical practitioners with whom, in any year, all the [F309Primary Care Trusts]F309 , taken as a whole, may enter into arrangements under section 29 above for the provision of general medical services; and

(b)the maximum number of medical practitioners with whom, in any year, all the [F310Health Authorities F310]F311..., taken as a whole, may enter into such arrangements.

(1B)An order under subsection (1A) above may contain such incidental and consequential provisions (including provisions amending this Part of this Act [F312or any regulations made under this Part of this Act]) as appear to the Secretary of State to be appropriate F313... .]

[F314(1C)An order under subsection (1A) may, in particular, make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions of practice which relate to remuneration and are determined under regulations made under section 29B.]

F315(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F316(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F310Words in s. 33(1A)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 22(b) (with Sch. 2 para. 6)

34 Regulations for Medical Practices Committee.E+W+S

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Prospective

[F31834A Liabilities and obligations in relation to deputies.E+W+S
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Amendments (Textual)

F318S. 34A inserted (prosp.) by 1997 c. 46, ss. 25(1), 41(3)

(1)Regulations may make provision with respect to the liabilities and obligations of—

(a)a Part II practitioner who, in connection with any obligation of his to provide general medical services, enters into arrangements under which a Part I practitioner deputises, or is engaged to deputise, for him; or

(b)a Part II practitioner who enters into arrangements under which he deputises, or is engaged to deputise, for a Part I practitioner, in connection with that practitioner’s obligation to perform personal medical services in accordance with section 28C arrangements.

(2)The regulations may, in particular—

(a)modify any liabilities or obligations which would otherwise be applicable by virtue of this Part;

(b)apply (with or without modifications) any provision made by or under this Part (including any provision so made by virtue of section 17 of the M26Health and Medicines Act 1988).

(3)In subsection (1)—

  • Part I practitioner” means a medical practitioner who performs personal medical services in accordance with section 28C arrangements; and

  • Part II practitioner” means a medical practitioner who provides general medical services.]

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Marginal Citations

General dental servicesE+W+S

35 Arrangements for general dental services.E+W+S

[F319(1)It is the duty [F320of every Primary Care Trust and]F320 of every [F321Health Authority], in accordance with regulations, to make as respects their [F322area] arrangements with dental practitioners [F323or dental corporations] under which any person in the [F322area] for whom a dental practitioner [F323or dental corporation] undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances.

(1A)The services so provided are referred to in this Act as general dental services.]

(2)The remuneration to be paid under such arrangements to a dental practitioner who [F324, or dental corporation which,] provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary [F325(or, in the case of a dental corporation, a fixed rate of remuneration)] unless either—

(a)the remuneration is paid in pursuance of arrangements made under section 56 below, or

(b)the services are provided in prescribed circumstances and the practitioner [F326or corporation] consents,

and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.

[F327(3)Where the registration of a dental practitioner in the dentists register is suspended—

(a)by an order under [F328section 32 of the M27Dentists Act 1984] (interim suspension); or

(b)by a direction or [F329an order of the Health Committee under] that Act (health cases),

the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.

(4)Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.]

[F330(5)In this Act, “dental corporation” means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984 (c. 24)).]

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Amendments (Textual)

F319S. 35(1)(1A) substituted for s. 35(1) by S.I. 1985/39, art. 7(9)

F321Words in s. 35(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 24(a) (with Sch. 2 para. 6)

F322Words in s. 35(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 24(b) (with Sch. 2 para. 6)

F323Words in s. 35(1) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(a)(i)(ii), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F324Words in s. 35(2) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(b)(i), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F325Words in s. 35(2) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(b)(ii), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F326Words in s. 35(2)(b) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(2)(b)(iii), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C46S. 35 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(b); S.I. 1997/2620, art. 2(2)

Marginal Citations

36Regulations as to s. 35.E+W+S
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Modifications etc. (not altering text)

[F331(1)]Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

[F332(a)for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of dental practitioners and dental corporations who undertake to provide general dental services for persons in the area of the Primary Care Trust or Health Authority;]

F332F332(b)for conferring a right, subject to [F333[F334subsections [F335(2) to (7)]]below [F336to any provision made under section 43C below] and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F337and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner [F338or dental corporation], who wishes to be included in any such list, to be so included;

F339(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for the removal from the list of dental practitioners [F340and dental corporations] undertaking to provide general dental services for persons in any [F341area] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general dental services for persons in that [F341area].

[F342(1A)The regulations may include provision as to—

(a)information which must be supplied to a [F343Primary Care Trust or]F343 Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and

(b)the supply to a [F343Primary Care Trust or]F343 Health Authority—

(i)by a dental practitioner who is included, or seeking inclusion, in such a list, or

(ii)by a director of a dental corporation included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

[F344(1B)The regulations may include provision as to the making of declarations about—

(a)financial interests;

(b)gifts above a prescribed value; and

(c)other benefits received.

(1C)Before making regulations by virtue of subsection (1B), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent dental practitioners and dental corporations providing general dental services.]

[F345(2)No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any [F346Primary Care Trust orF346][F347Health Authority] unless he satisfies [F347the [F346Primary Care Trust or]F346 Health Authority] that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the [F348area of the Primary Care Trust or Health Authority]F348 .]

[F349(3)Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (1) above subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner [F338or dental corporation] on such a list as is referred to in paragraph (a) of that subsection.]

[F350(4)The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a [F351Primary Care Trust or]F351 Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below).

(5)Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.

(6)If those regulations provide that a [F352Primary Care Trust or]F352 Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the [F353decision of the Primary Care Trust or of the Health Authority]F353 .

(7)Regulations may provide for grounds on which a [F354Primary Care Trust or]F354 Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).

(8)Regulations may make provision as to the disclosure by a [F355Primary Care Trust or]F355 Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the [F356Primary Care Trust or]F356 Health Authority to include them.]

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Amendments (Textual)

F333Words inserted by S.I. 1981/432, art. 3(3)(a)

F335Words in s. 36(1)(b) substituted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(4)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F338Words in s. 36(1)(b) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(3)(b)(d), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F340Words in s. 36(1)(a)(d) inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(3)(a)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F341Words in s. 36(1)(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by