Trade Union and Labour Relations (Consolidation) Act 1992, Section 279 is up to date with all changes known to be in force on or before 06 March 2025. 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.
F1[(1)]In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person [F2performing F3. . . personal dental services or] providing F3. . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—
(a)by a F4... [F5[F6NHS England] [F7under section 126 of the National Health Service Act 2006] or] [F8a] [F9Local Health Board] under section F10. . . [F1171 or 80 of the National Health Service (Wales) Act 2006] of the M1National Heath Service Act 1977, or
(b)by a Health Board under section [F1217C,] F13. . . 25, 26, or 27 of the M2National Health Service (Scotland) Act 1978 [F14or as a person providing local pharmaceutical services under a pilot scheme [F15established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;]
and employer, in relation to such an individual, regarded in that capacity, means that F16... [F17body].
[F18(2)In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—
(a)in accordance with arrangements made by [F19the National Health Service Commissioning Board or a] Local Health Board under [F20section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006]; or
(b)under a contract under [F21section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006] entered into by him with [F22the National Health Service Commissioning Board or a] Local Health Board,
and “employer” in relation to such an individual, regarded in that capacity, means that F23... Board.]
[F24(3)In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–
(a)in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or
(b)under a contract under section 17J of that Act entered into by him with a Health Board,
and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.]]
Textual Amendments
F1S. 279 renumbered as s. 279(1) (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(3) (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))
F2Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(a); S.I. 1998/631, art. 2(1)
F3Words in s. 279(1) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(a)(i) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)
F4Words in s. 279(1)(a) omitted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(a)(i) (with Sch. 3 Pt. 1)
F5Words in s. 279(1)(a) inserted (1.10.2002 for E.W. and otherwise prosp.) by 2002 c. 17, ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 60; S.I. 2002/2478, art. 3(1)(d)
F6Words in s. 279(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 4(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in s. 279(1)(a) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(a)(ii) (with Sch. 3 Pt. 1)
F8Word in s. 279(1)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9Words in s. 279(1)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 22
F10Words in S. 279(1)(a) repealed (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(2), Sch. 14 Pt. 4 (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, arts. 5(2)(v), 6(2)(k) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, arts. 4(z), 5(2)(k) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))
F11Words in s. 279(1)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(a)(iii) (with Sch. 3 Pt. 1)
F12Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(c); S.I. 1998/631, art. 2(1)
F13Word in s. 279(1)(b) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(a)(i) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)
F14Words in s. 279 inserted (1.7.2002 for W. and 1.1.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 9 (with ss. 64(9), 65(4)) ; S.I. 2002/1475, art. 2, Sch. Pt. 1; S.I. 2003/53, art. 2(a)
F15Words in s. 279(1)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(b) (with Sch. 3 Pt. 1)
F16Words in s. 279(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F17Word in s. 279(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 4(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F18S. 279(2) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(4) (with savings by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))
F19Words in s. 279(2)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F20Words in s. 279(2)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 155(a) (with Sch. 3 Pt. 1)
F21Words in s. 279(2)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 155(b) (with Sch. 3 Pt. 1)
F22Words in s. 279(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(e); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F23Words in s. 279(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(g); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F24S. 279(3) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(b) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)
Modifications etc. (not altering text)
C1S. 279(2) modified (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), arts. 1(2), 109(2)(d)
C2S. 279(2) modified (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), arts 1(2), 85(2)(d)
C3S. 279(3)(b) modified (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96
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