National Health Service and Community Care Act 1990

Re-imbursement for health services work carried out otherwise than under NHS contract

19 (1) In any case where an NHS trust provides goods or services for the benefit of an individual and—

(a) the provision of those goods or services is not pursuant to an NHS contract, and

(b) the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision, and

(c) the provision of those goods or services is within the primary functions of a District Health Authority or is a function of a health board,

the trust shall be remunerated by that Authority or health board in respect of the provision of the goods or services in question.

(2) The rate of any remuneration payable by virtue of sub-paragraph (1) above shall be calculated in such manner or on such basis as may be determined by the Secretary of State.

20 In any case where an NHS trust provides goods or services for the benefit of an individual and—

(a) the provision of those goods or services is not pursuant to an NHS contract, and

(b) the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this paragraph by a direction made by the Secretary of State,

the trust shall be remunerated by the Secretary of State in respect of the provision of the goods or services in question at such rate or rates as he considers appropriate.