National Health Service Act 1977 (c. 49)

Part IV E+W+S Property and Finance

Miscellaneous provisions as to remuneration, allowances and superannuation E+W+S

102 Allowances and remuneration for members of certain bodies. E+W+S

(1) The Secretary of State may pay such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of [F1 the Treasury], determine—

(a) to members of any of the following bodies constituted under this Act—

(i) F2 , any standing advisory committee constituted under section 6 above to advise the Secretary of State . . . F2 and any sub-committee appointed by any such standing advisory committee . . . F2 ;

(ii) the Medical Practices Committee;

(iii) any body on which functions are conferred by regulations under section 32 above [F3 or by regulations which make provision in relation to section 28C arrangements of a kind that may be made by regulations under section 32 above];

(iv) the Dental Estimates Board;

(v) the Tribunal constituted under section 46 above [F4 and the FHSAA];

(b) to members of any other body being a body specified in an order made by the Secretary of State as being a body recognised by him to have been formed for the purpose of performing a function connected with the provision of services under this Act.

(2) The Secretary of State may pay to members of any of the following bodies such remuneration as he may, with the approval of [F5 the Treasury], determine—

(a) the Medical Practices Committee;

(b) any body on which functions are conferred by regulations under section 32 above;

(c) the Dental Estimates Board;

(d) the Tribunal constituted under section 46 above [F4 and the FHSAA];

(e) any other body constituted under Part II of this Act, being a body specified in an order made for the purposes of this subsection, with the approval of [F6 the Treasury], by the Secretary of State.

(3) Allowances shall not be paid under subsection (1) above except in connection with the excercise or performance of such powers or duties, in such circumstances, as may, with the approval of [F1 the Treasury], be determined by the Secretary of State.

(4) Any payments under this section shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may, with the approval of [F6 the Treasury], determine.

Textual Amendments

F1 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c)(d)(2), 3(5)

F2 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F3 Words in s. 102(1)(a)(iii) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 24; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F4 Words in s. 102(1)(a)(v)(2)(d) added (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. II

F5 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

F6 Words substituted by virtue of S.I. 1981/1670, arts 2(1)(2), 3(5)

103 Special arrangement as to payment of remuneration. E+W+S

(1) If the Secretary of State—

(a) considers it appropriate for remuneration in respect of services provided by any person in pursuance of Part II of this Act [F7 or in accordance with section 28C arrangements ][F8 or LPS arrangements] to be paid by a particular body, and

(b) apart from this section the functions of the body do not include the function of paying the remuneration,

the Secretary of State may by order confer that function on the body.

(2) Any sums required to enable any body having that function to pay remuneration in respect of such services shall, if apart from this section there is no provision authorising the payment of the sums by the Secretary of State or out of money provided by Parliament, be paid by him.

[F9 (3) If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—

(a) an NHS trustF10 . . . determined in accordance with the order shall have the function of paying sums so determined to [F11 a [F12 Primary Care Trust, Health Authority or Local Health Board] so determined in respect of the whole or any part of that remuneration]

(b) nothing in subsection (2) above shall apply with respect to [F13 the whole or (as the case may be) that part of the] remuneration.]

Textual Amendments

F7 Words in s. 103(1)(a) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 25; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F8 Words in s. 103(1)(a) inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), art. 23

F9 S. 103(3) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(9)

F10 Words in s. 103(3)(a) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 37(1), 42(3), Sch. 2 Pt. 1 para. 35(a), Sch. 9 Pt. 3; S.I. 2002/2478, art. 3(1)(d)(f)

F11 Words in s. 103(3)(a) substituted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 4(3)(a)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1

F12 Words in s. 103(3)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 35(a)(b); S.I. 2002/2478, art. 3(1)(d)

F13 Words in s. 103(3)(b) substituted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 4(3)(b)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1

104 Superannuation of officers of certain hospitals. E+W+S

(1) The Secretary of State may enter into an agreement with the governing body of any hospital to which this section applies—

(a) for admitting officers of the hospital of such classes as may be provided in the agreement to participate, on such terms and conditions as may be so provided, in the superannuation benefits provided under regulations made under section 10 of the M1 Superannuation Act 1972 in like manner as officers of [F14 NHS trusts]; and

(b) those regulations shall apply accordingly in relation to the officers so admitted subject to such modifications as may be provided in the agreement.

(2) The governing body of any hospital to which this section applies shall have all such powers as may be necessary for the purpose of giving effect to any terms and conditions on which their officers are admitted to participate in those superannuation benefits.

(3) This section applies to any hospital (not vested in the Secretary of State) which used, in pursuance of arrangements made by the governing body of the hospital with the Secretary of State, for the provision of services under this Act.

Textual Amendments

F14 Words in 104(1)(a) substituted (1.10.2002 for E. and 10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 8; S.I. 2002/2478, art. 3(2)(b)(i); S.I. 2002/2532, art. 2, Sch.

Marginal Citations

M1 1972 c. 11.

105 Payments for certain medical examinations. E+W+S

(1) Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for [F15 assessment] or treatment being made under [F16 Part II of the M2 Mental Health Act 1983][F17 the Secretary of State] shall, subject to the following provisions of this section, pay to that medical practitioner—

(a) reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined; and

(b) the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.

(2) No payment shall be made under this section to a medical practitioner—

(a) in respect of an examination carried out as part of his duty to provide general medical services for the person examined [F18 or as part of his duty to perform personal medical services for that person in accordance with section 28C arrangements] ; or

(b) in respect of an examination carried out or any recommendation or report made as part of his duty as an officer of a [F19 NHS trust, Primary Care Trust,][F20 Health Authority or Special Health Authority].

(3) This section shall only apply in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of any such application as mentioned in subsection (1) above, the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament under this Act . . . F21

Textual Amendments

F15 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), ss. 65(1), 69(6), Sch. 3 para. 56, Sch. 5 para. 1

F16 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(b)

F17 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 64(4)

F18 Words in s. 105(2)(a) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 26; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F19 Words in s. 105(2)(b) inserted (1.10.2002 for E. and 10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 9; S.I. 2002/2478, art. 3(2)(b)(i); S.I. 2002/2532, art. 2, Sch.

F20 Words in s. 105(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 Pt. I para. 54 (with Sch. 2 para. 6)

F21 Words repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(c), Sch. 6

Marginal Citations

M2 1983 c. 20(85).