National Health Service Act 1977 (c. 49)

Part I E+W+S Services and Administration

Local administration E+W+S

15 [F1 Duty of Health Authority in relation to family health services.] E+W+S

(1) It is the duty [F2 of each Primary Care Trust and] of [F3 each Health Authority, in accordance with regulations]—

[F4 (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 [F5 area];]

(b) to perform such [F6 management and] other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

[F8 (1ZA) It is the duty of [F9 each Strategic Health Authority and] 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.]

[F10 (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 F11 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.]

F12 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 [F14 (1B) In relation to a Part II medical practitioner—

(a) whose name is included in the medical list of only one [F15 Primary Care Trust or] 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 [F16 the medical list of that Trust or Authority],

any reference in this Act or the M1 National Health Service and Community Care Act 1990 to the relevant [F15 Primary Care Trust or] Health Authority is to be construed as a reference to [F17 that Trust or Authority] .

(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 [F18 Primary Care Trust or] Health Authority is to be construed as a reference to [F19 the Trust or Authority] in whose area most of the practice patients live.]

[F20 (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.]

[F21 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F1 S. 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)

F2 Words in s. 15(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 1 para. 2(2); S.I. 2002/2478, art. 3(1)(d)

F3 Words 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)

F4 S. 15(1)(a) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(2)

F5 Words 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)

F6 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(1)(b)

F7 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F8 S. 15(1ZA)(1ZB) inserted (1.4.1998) by 1997 c. 46, s. 41(10)(11), Sch. 2 Pt. I para. 4(2); S.I. 1998/631, art. 2(1)(b), Sch. 2

F9 Words in s. 15(1ZA) inserted (1.10.2002 for E.W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 4(3), Sch. 3 Pt. 2 para. 11; S.I. 2002/2478, art. 3(1)(a)

F10 S. 15(1ZC)(1ZD) inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 16

F11 Section 17 was substituted by the 1999 Act, section 12(1), and amended by the 2002 Act, Schedule 1, paragraph 7.

F12 S. 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)

F13 S. 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.

F14 S. 15(1B)(1BA) substituted (1.4.1998) for s. 15(1B) by 1997 c. 46, s. 41(10)(11), Sch. 2 Pt. I para. 4(3); S.I. 1998/631, art. 2(1)(b), Sch. 2

F15 Words in s. 15(1B) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 1 para. 2(3)(a); S.I. 2002/2478, art. 3(1)(d)

F16 Words in s. 15(1B) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 1 para. 2(3)(b); S.I. 2002/2478, art. 3(1)(d)

F17 Words in s. 15(1B) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 1 para. 2(3)(c); S.I. 2002/2478, art. 3(1)(d)

F18 Words in s. 15(1BA) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 1 para. 2(4)(a); S.I. 2002/2478, art. 3(1)(d)

F19 Words in s. 15(1BA) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 1 para. 2(4)(b); S.I. 2002/2478, art. 3(1)(d)

F20 S. 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)

F21 S. 15(1D) inserted (1.4.1998) by 1997 c. 46, s. 41(10)(11), Sch. 2 Pt. I para. 4(4); S.I. 1998/631, art. 2(1)(b), Sch. 2

F22 S. 15(2), Sch. 12 para. 2(5) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

Modifications etc. (not altering text)

C1 S. 15(1)(b) modified (1.4.1995) by S.I. 1995/692, art. 2

Marginal Citations

M1 1990 c. 19.