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National Health Service and Community Care Act 1990

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Changes over time for: Paragraph 19

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Version Superseded: 01/04/1996

Status:

Point in time view as at 01/07/1992. This version of this provision has been superseded. Help about Status

Changes to legislation:

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 08 December 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. Help about Changes to Legislation

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 District Health Authority or is a function of a health board,

the trust shall be remunerated by that Authority or health board in respect of the provision of the goods or services in question.

[F1(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.

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