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(1)If the Secretary of State—
(a)considers it appropriate for remuneration in respect of services provided by any person in pursuance of Part II of this Act [F1or in accordance with section 28C arrangements ][F2or LPS arrangements] to be paid by a particular body, and
(b)apart from this section the functions of the body do not include the function of paying the remuneration,
the Secretary of State may by order confer that function on the body.
(2)Any sums required to enable any body having that function to pay remuneration in respect of such services shall, if apart from this section there is no provision authorising the payment of the sums by the Secretary of State or out of money provided by Parliament, be paid by him.
[F3(3)If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—
(a)an NHS trustF4. . . determined in accordance with the order shall have the function of paying sums so determined to [F5a [F6Primary Care Trust, Health Authority or Local Health Board] so determined in respect of the whole or any part of that remuneration]
(b)nothing in subsection (2) above shall apply with respect to [F7the whole or (as the case may be) that part of the] remuneration.]
Textual Amendments
F1Words in s. 103(1)(a) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 25; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)
F2Words in s. 103(1)(a) inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), art. 23
F3S. 103(3) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(9)
F4Words in s. 103(3)(a) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 37(1), 42(3), Sch. 2 Pt. 1 para. 35(a), Sch. 9 Pt. 3; S.I. 2002/2478, art. 3(1)(d)(f)
F5Words in s. 103(3)(a) substituted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 4(3)(a)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1
F6Words in s. 103(3)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 35(a)(b); S.I. 2002/2478, art. 3(1)(d)
F7Words in s. 103(3)(b) substituted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 4(3)(b)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1
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