(1)[F2Subject to the provisions of this section, to such extent as they may determine, a [F3[F4Strategic Health Authority,] Health Authority or Special Health Authority] may make available at a hospital or hospitals for which they have responsibility accommodation and services], for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation and services made [F5available, such charges as the [F4Strategic Health Authority,] Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied] that to do so—
(a)will not to a significant extent interfere with the performance by [F6the [F4Strategic Health Authority,] Health Authority or Special Health Authority of any function conferred on them under] this Act to provide accommodation or services of any kind; and
(b)will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than under this section.
[F7(1A)Before determining to make any accommodation or services available as mentioned in subsection (1) above, a [F8[F4Strategic Health Authority,] Health Authority or Special Health Authority] shall consult organisations representative of the interests of persons likely to be affected by the determination.]
(2)[F9A [F4Strategic Health Authority,] Health Authority or Special Health Authority] may allow accommodation and services [F10which are made available under subsection (1) above to be so made available] in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a health service hospital for the treatment of private patients of that practitioner.
F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(4)References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.]]
Textual Amendments
F1S. 65 substituted for ss. 65 and 66 by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(10)
F2Words beginning with “Subject” substituted (1.4.1991) for words beginning with “If” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(2)(a)
F3Words in s. 65(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. 38(a)(i) (with Sch. 2 para. 6)
F4Words in s. 65 inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 1 Pt. 1 para. 20; S.I. 2002/2478, art. 3(1)(c)
F5Words in s. 65(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. 38(a)(ii) (with Sch. 2 para. 6)
F6Words in s. 65(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. 38(a)(iii) (with Sch. 2 para. 6)
F7S. 65(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(3)
F8Words in s. 65(1A) 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. 38(b) (with Sch. 2 para. 6)
F9Words in s. 65(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. 38(c) (with Sch. 2 para. 6)
F10Words in s. 65(2) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(4)(b)
F12S. 65(4) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(4)
Modifications etc. (not altering text)
C1S. 65(1): by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 25(2)(b) it is provided (1.4.1991) that for any reference to the Secretary of State in the words beginning “for patients who” and ending “to do so” preceding para. (a) there shall be substituted a reference to the District Health Authority or Special Health Authority, as the case may require.