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National Health Service and Community Care Act 1990, Paragraph 19 is up to date with all changes known to be in force on or before 23 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 [F1Health Authority] or is a function of a health board,
the trust shall be remunerated by that [F1Health Authority] or health board in respect of the provision of the goods or services in question.
[F2(1A)The reference in sub-paragraph (1) above to a function of a health board shall, in relation to a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972, be construed as a reference to a primary function of such a Board within the meaning of Article 9 of the Health and Personal Social Services (Northern Ireland) Order 1991.]
(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.
Textual Amendments
F1Words in Sch. 2 para. 19(1) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 85(f) (with Sch. 2 paras. 6, 16)
F2Sch. 2 para. 19(1A) inserted by S.I. 1991/195, art. 7(9)
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