National Health Service (Primary Care) Act 1997

  1. Introductory Text

  2. Part I Pilot Schemes for Primary Care

    1. Preparation and making of pilot schemes

      1. 1. Pilot schemes.

      2. 2. Provision of personal medical services under a pilot scheme.

      3. 3. Provision of personal dental services under a pilot scheme.

      4. 4. Proposals for pilot schemes.

      5. 5. Approval of pilot schemes.

      6. 6. Making of pilot schemes.

    2. Reviews of pilot schemes

      1. 7. Reviews of pilot schemes.

    3. Variation and termination of pilot schemes

      1. 8. Variation and termination of pilot schemes.

    4. Services Lists

      1. 8ZA. Lists of persons who may perform personal medical services or personal dental services

      2. 8A.Delegation of Health Authority functions relating to pilot schemes.

    5. General

      1. 9. Relationship between this Part and the 1977 Act.

      2. 10. Relationship between this Part and the 1978 Act.

      3. 11. Medical practitioners to be suitably experienced.

      4. 12. Leaving medical lists.

      5. 13. Preferential treatment on transferring to medical lists.

      6. 14. Returning to fund-holding status.

      7. 15. Liabilities and obligations in relation to deputies.

      8. 16. NHS contracts.

      9. 17. The Dental Practice Boards.

    6. Financial provisions

      1. 18. Funding of preparatory work.

      2. 19. Fund-holding practices.

      3. 20. Charges for dental treatment.

  3. Part II Primary Care

    1. Personal medical or dental services

      1. 21. Provision of personal medical or dental services.

      2. 22. Supplementary regulations.

      3. 23. Right to choose medical practitioner.

      4. 24. Right to choose dental practitioner.

      5. 25. Liabilities and obligations in relation to deputies.

      6. 26. Charges for dental treatment.

    2. Pharmaceutical services

      1. 27. Provision of additional pharmaceutical services.

      2. 28. Terms and conditions etc.

      3. 29. Authorised provision of pharmaceutical services by medical practitioners.

    3. Ophthalmic services

      1. 30. Duty of registered opticians to refer certain persons to registered medical practitioners.

    4. NHS contracts

      1. 31. Provision of certain services under NHS contracts.

    5. Medical lists and vacancies

      1. 32. Medical lists and vacancies: England and Wales.

      2. 33. Medical lists and vacancies: Scotland.

    6. Medical practices

      1. 34. Sale of medical practices.

      2. 35. Employment of pre-registration house officers in medical practices.

  4. Part III Miscellaneous and Supplemental

    1. 36. Expenditure of Health Authorities.

    2. 37. Expenditure of Health Boards.

    3. 38. Corresponding provision for Northern Ireland.

    4. 39. Regulations and directions.

    5. 40. Interpretation.

    6. 41. Short title, commencement and extent, etc.

  5. SCHEDULES

    1. SCHEDULE 1

      Preferential Treatment on Transferring to Medical Lists

      1. Cases where preference is given

        1. 1.(1) This Schedule applies if the Secretary of State determines...

      2. The preferential treatment

        1. 2.(1) The authority must include the applicant’s name in their...

      3. Representations against preferential treatment

        1. 3.(1) The Tribunal must inquire into any representations by the...

      4. Power of Tribunal to give directions

        1. 4.(1) If the Tribunal consider that the inclusion of the...

      5. Termination of directions

        1. 5.(1) A person’s name may not be included (whether by...

      6. Directions in Northern Ireland

        1. 6.A person’s name may not be included in any medical...

      7. Regulations

        1. 7.(1) Regulations must provide— (a) for inquiries under this Schedule...

      8. Interpretation

        1. 8.For the purposes of this Schedule the question of whether...

        2. 9.In this Schedule , an “authority” means a Primary Care...

    2. SCHEDULE 2

      Amendments

      1. Part I Minor and Consequential Amendments

        1. The Health Services and Public Health Act 1968 (c. 46)

          1. 1.(1) The Health Services and Public Health Act 1968 is...

        2. The Patents Act 1977 (c. 37)

          1. 2.In section 56(4)(a) of the Patents Act 1977, for the...

        3. The National Health Service Act 1977 (c. 49)

          1. 3.The 1977 Act is amended in accordance with paragraphs 4...

          2. 4.(1) Section 15 is amended as follows.

          3. 5.(1) Section 26 is amended as follows.

          4. 6.After section 28G insert— Immunisation. Where the Secretary of State arranges with medical practitioners for...

          5. 7.After section 28H insert— Use of accommodation. If the Secretary of State considers that any accommodation provided...

          6. 8.In section 29(2), omit paragraphs (b) and (c).

          7. 9.In section 32(1), for the definition of “applicant” substitute— “applicant”...

          8. 10.(1) Section 33 is amended as follows.

          9. 11.In section 34(1)(a), omit from “ (ii) the occurrence ”...

          10. 12.Omit section 36(1)(c).

          11. 13.In section 41, for “in this Act referred to” substitute...

          12. 14.In section 43(3), after “41(d)” insert “ , or additional...

          13. 15.In section 50, after “whom” insert “ general ophthalmic ”....

          14. 16.In section 81(b), after “providing” insert “ personal dental services...

          15. 17.In section 82(b), after “providing” insert “ personal dental services...

          16. 18.In section 83, for paragraph (b) substitute—

          17. 19.In section 83A(1)(a), after “section 78(1) or (1A) above” insert...

          18. 20.In section 85(1), references to functions conferred or imposed by...

          19. 21.In section 86, the reference to a function conferred by...

          20. 22.In section 97(6)(a), for “subsections (1) to (3), or subsection...

          21. 23.In section 97A— (a) in subsection (1)(a), for “amounts allotted...

          22. 24.In section 102(1)(a)(iii) and (2)(b), after “section 32 above” insert...

          23. 25.In section 103(1)(a) after “Act” insert “ or in accordance...

          24. 26.In section 105(2)(a) after “examined” insert “ or as part...

          25. 27.In section 126(3), after “under” insert “ or by virtue...

          26. 28.In section 128, insert at the appropriate places— “health service...

          27. 29.(1) In Schedule 9, paragraph 5A is amended as follows....

          28. 30.(1) Schedule 10 is amended as follows.

          29. 31.In Schedule 12, in paragraph 1(1)(b), after “drug or medicine”...

        4. The National Health Service (Scotland) Act 1978 (c. 29)

          1. 32.The 1978 Act is amended in accordance with paragraphs 33...

          2. 33.In section 3(1), omit from “, for the purpose of”...

          3. 34.In section 12A, after subsection (4) insert—

          4. 35.In section 15(1)(a)— (a) after “persons” insert —

          5. 36.In section 17A(2), at the end insert “ and in...

          6. 37.After section 17G insert— Immunisation. Where the Secretary of State arranges with medical practitioners for...

          7. 38.After section 17H insert— Use of accommodation. If the Secretary of State considers that any accommodation provided...

          8. 39.(1) Section 19 is amended as follows.

          9. 40.In section 22(1) for the definition of “applicant” substitute— “applicant”...

          10. 41.(1) Section 23 is amended as follows.

          11. 42.In section 24(1)(a), omit from “(ii) the occurrence” to the...

          12. 43.Omit section 25(2)(c).

          13. 44.In section 27(1), for “in this Act referred to” substitute...

          14. 45.In section 28(2)(b), after “that” insert “ (i) ”, and...

          15. 46.In section 34, after “whom” insert “ general ophthalmic ”....

          16. 47.In section 73(b), after “providing” insert “ personal dental services...

          17. 48.In section 74(b), after “providing” insert “ personal dental services...

          18. 49.In section 75, for paragraph (b) substitute—

          19. 50.In section 75A(1)(a), after “section 70(1) or (1A) above” insert...

          20. 51.In section 77(1), references to functions conferred or imposed by...

          21. 52.In section 78, the reference to a function conferred by...

          22. 53.(1) Section 87A is amended as follows.

          23. 54.(1) Section 87B is amended as follows.

          24. 55.(1) Section 87D is amended as follows.

          25. 56.In section 88(1)(d) and (2)(e), after “section 22” insert “...

          26. 57.In section 108, insert at the appropriate places— “health service...

          27. 58.(1) In Schedule 8, paragraph 8 is amended as follows....

          28. 59.(1) Schedule 9 is amended as follows.

          29. 60.In Schedule 11, in paragraph 1(1)(b), after “drug or medicine”...

        5. The Medical Act 1983 (c. 54)

          1. 61.(1) The Medical Act 1983 is amended as follows.

        6. The Dentists Act 1984 (c. 24)

          1. 62.In section 53(3)(a) of the Dentists Act 1984, for the...

        7. The Copyright, Designs and Patents Act 1988 (c. 48)

          1. 63.In section 240(4) of the Copyright, Designs and Patents Act...

        8. The Health and Medicines Act 1988 (c. 49)

          1. 64.(1) The Health and Medicines Act 1988 is amended as...

        9. The National Health Service and Community Care Act 1990 (c. 19)

          1. 65.(1) The National Health Service and Community Care Act 1990...

        10. The Access to Health Records Act 1990 (c. 23)

          1. 66.(1) The Access to Health Records Act 1990 is amended...

        11. The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

          1. 67.In section 279 of the Trade Union and Labour Relations...

        12. The Health Service Commissioners Act 1993 (c. 46)

          1. 68.(1) The Health Service Commissioners Act 1993 is amended as...

      2. Part II Pre-consolidation Amendments

        1. The National Health Service Act 1966 (c. 8)

          1. 69.(1) Section 10 of the National Health Service Act 1966...

        2. The National Health Service Act 1977 (c. 49)

          1. 70.The 1977 Act is amended in accordance with paragraphs 71...

          2. 71.(1) Section 29 is amended as follows.

          3. 72.In section 35(1), after “regulations” insert “ which shall be...

          4. 73.In section 36(1)(a), for “ of lists ” substitute “...

          5. 74.In section 38(1), after “with regulations” insert “ which shall...

          6. 75.In section 39(a), for “ of lists of medical practitioners,...

          7. 77.Omit section 43A(3).

          8. 78.Omit paragraph 37 of Schedule 15.

        3. Transitional provisions for amendments to 1977 Act

          1. 79.(1) This paragraph applies where an amendment made by this...

        4. The Health and Medicines Act 1988 (c. 49)

          1. 80.In section 17(1) of the Health and Medicines Act 1988,...

        5. The Health Service Commissioners Act 1993 (c. 46)

          1. 81.In section 6(5) of the Health Service Commissioners Act 1993...

    3. SCHEDULE 3

      Repeals and Revocations

      1. Part I Repeals

      2. Part II Pre-consolidation Repeals

      3. Part III Revocations