Prospective
[F128D Persons with whom agreements may be made.E+W+S
(1)A [F2Strategic Health Authority or a] Health Authority may make an agreement under section 28C only with one or more of the following—
(a)an NHS trust;
(b)in the case of an agreement under which personal medical services are provided—
(i)a qualifying medical practitioner;
(ii)an individual who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;
(c)in the case of an agreement under which personal dental services are provided—
(i)a qualifying dental practitioner;
(ii)an individual who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;
(d)an NHS employee, a section 28C employee or a section 17C employee;
(e)a qualifying body.
[F3(f)a Primary Care Trust]
(2)In this section—
“the 1978 Act” means the M1National Health Service (Scotland) Act 1978;
“NHS employee” means an individual who, in connection with the provision of services in the health service in England and Wales or Scotland, is employed by—
(a)an NHS trust;
(b)in the case of an agreement under which personal medical services are provided—
(i)a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1978 Act; or
(ii)a medical practitioner who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;
(c)in the case of an agreement under which personal dental services are provided—
(i)a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a) of this Act or section 25(2)(a) of the 1978 Act; or
(ii)a dental practitioner who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;
“qualifying body” means—
(a)a company which is limited by shares all of which are legally and beneficially owned by persons falling within [F4paragraph (a), (b), (c), (d) or (f)] of subsection (1); and also
(b)in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the M2Dentists Act 1984, is entitled to carry on the business of dentistry;
“qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;
“qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;
“section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act;
“section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;
“section 28C arrangements” means arrangements for the provision of services made under section 28C; and
“section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.]
Textual Amendments
F1SS. 28C-28D inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)
F2Words in s. 28D(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 7(3); S.I. 2002/2478, art. 3(1)(c)
F3S. 28D(1)(f) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(a); S.I. 1999/2540, art. 2(2)
F4S. 28D(2); words in para. (a) of the definition of “qualifiying body” substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(b); S.I. 1999/2540, art. 2(2)
Marginal Citations