National Health Service Act 1977

Other provisions supplementary to Part II E+W+S

50 Exercise of choice of practitioner in certain cases. E+W+S

Regulations may provide that, where a right to choose the person by whom [F1 general opthalmic] services are to be provided under this Part of this Act is conferred by or under this Part, that right shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

Textual Amendments

F1 Words in s. 50 inserted (1.10.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 15; S.I. 1998/1998, art. 2(2)(b), Sch. 2

51 University clinical teaching and research. E+W+S

[F2 (1)] It is the Secretary of State’s duty to [F3 exercise his functions under this Act and Part I of the M1 National Health Service and Community Care Act 1990 so as to secure that there are made available] such facilities as he considers are reasonably required by any university which has a medical or dental school, in connection with clinical teaching and with research connected with clinical medicine or, as the case may be, clinical dentistry.

[F4 (2) Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies.

(3) For the purposes of subsection (2) above the following are relevant health service bodies—

(a) Health Authorities;

(b) Special Health Authorities; and

(c) NHS trusts.]

Textual Amendments

F2 S. 51 re-numbered as 51(1) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 35 (with Sch. 2 paras. 6, 16)

F3 Words in s. 51(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 35(a) (with Sch. 2 paras. 6, 16)

F4 S. 51(2)(3) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 35(b) (with Sch. 2 paras. 6, 16)

Marginal Citations

M1 1990 c. 19.

52 Use of accommodation. E+W+S

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of general medical services, general dental services, general ophthalmic services or pharmaceutical services he may make the accommodation available on such terms as he thinks fit to persons providing any of those services.

Modifications etc. (not altering text)

C1 S. 52: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

53 Immunisation. E+W+S

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every medical practitioner providing general medical services an opportunity to participate in the arrangements.

[F5 54 Sale of medical practices. E+W+S

(1) It is unlawful to sell the goodwill of the medical practice of a person who has at any time—

(a) provided general medical services under arrangements made with any Council, Committee or Authority under the M2 National Health Service Act 1946, the M3 National Health Service Reorganisation Act 1973 or this Act, or

(b) provided or performed personal medical services in accordance with section 28C arrangements,

unless that person no longer provides or performs such services and has never carried on the practice in a relevant area.

(2) In this section—

• “goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;

• “medical practice” includes any part of a medical practice; and

• “relevant area”, in relation to any Council, Committee or Authority by arrangement with whom a person has at any time—

  (a)

  provided general medical services, or

  (b)

  provided or performed personal medical services in accordance with section 28C arrangements,

  means the area, district or locality of that Council, Committee or Authority (at that time).

(3) Schedule 10 supplements the provisions of this section.]

Textual Amendments

F5 S. 54 substituted (1.4.1998) by 1997 c. 46, 34(1); S.I. 1998/631, art. 2(1)(a), Sch. 1

Marginal Citations

M2 1946 c. 81.

M3 1973 c. 32.

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 S. 55 repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 12(5), 66(2), Sch. 10

56 Inadequate services. E+W+S

If the Secretary of State is satisfied, after such inquiry as he may think fit, as respects [F7 the area, or part of the area, of a Health Authority] that the persons whose names are included in any list prepared under this Part of this Act—

(a) of medical practitioners undertaking to provide general medical services,

(b) of dental practitioners undertaking to provide general dental services,

(c) of persons undertaking to provide general ophthalmic services, or

(d) of persons undertaking to provide pharmaceutical services,

are not such as to secure the adequate provision of the services [F8 in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not] receiving satisfactory services under the arrangements in force under this Part, then—

[F9 (i) he may authorise [F10 the Health Authority] to make such other arrangements as he may approve, or may himself make such other arrangements, and]

(ii) he may dispense with any of the requirements of regulations made under this Part so far as appears to him necessary to meet exceptional circumstances and enable such arrangements to be made.

Textual Amendments

F7 Words in s. 56 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 37(a) (with Sch. 2 paras. 6, 16)

F8 Words in s. 56 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 37(b) (with Sch. 2 paras. 6, 16)

F9 S. 56(i) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 8

F10 Words in s. 56 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 37(c) (with Sch. 2 paras. 6, 16)