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19.—(1) In any case where an HSS 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 HSS 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 HSS contract for their provision, and
(c)the provision of those goods or services—
(i)is within the primary functions (as defined in Article 9(5)) of a Health and Social Services Board or special agency or of a health authority within the meaning of the National Health Service Act 1977(1), or
(ii)is a function of a Health Board within the meaning of the National Health Service (Scotland) Act 1978(2), the trust shall be remunerated by that Health and Social Services Board, special agency, health 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) shall be calculated in such manner or on such basis as may be determined by the Department.
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