National Health Service Act 1977

Changes over time for: Section 128

Version Superseded: 01/11/1996

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128 Interpretation and construction.E+W+S

(1)In this Act [F1and Part I of the National Health Service and Community Care Act 1990], unless the contrary intention appears—

F2. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
“dental practitioner” means a person registered in the dentists register under the M1Dentists Act [F51984];
[F6“disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;]
“dispensing optician” means a person who is registered in the register kept under section 2 of the M2Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;
“equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;
“functions” included powers and duties;
[F7“fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990;]
F2. . .
“the health service” means the health service established in pursuance of [F8section 1 of the M3National Health Service Act 1946 and continued under] section 1(1) above;
“health service hospital” means a hospital vested in the Secretary of State [F9for the purposes of his functions] under this Act [F10or vested in an NHS trust];
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
“hospital” means—

(a)any institution for the reception and treatment of persons suffering from illness,

(b)any maternity home, and

(c)any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;

“illness” includes mental disorder within the meaning of [F11the M4Mental Health Act 1983] and any injury or disability requiring medical or dental treatment or nursing;
“local authority” means a county council, . . . F12a district council, [F13a county borough council,] a London borough council, and the Common Council of the City of London; F14. . .
“local education authority” has the same meaning as in the M5Education Act 1944;
“local social services authority” means the council of a non-metropolitan county, [F15of a county borough]or of a metropolitan district or London borough, or the Common Council of the City of London;
“medical” includes surgical;
[F16“medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M6Interpretation Act 1978]
“medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;
“modifications” includes additions, omissions and amendments;
[F17“NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;
“National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly]
“officer” includes servant;
[F18“operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990]
“ophthalmic optician” means a person registered in either of the registers kept under [F19section 7 of the Opticians Act 1989] of ophthalmic opticians or a body corporate enrolled in the list kept under [F20section 9] of that Act of such bodies carrying on business as ophthalmic opticians;
“patient” includes an expectant or nursing mother and a lying-in woman;
[F21“pharmaceutical services” has the meaning assigned by section 41 of this Act]
“prescribed” means prescribed by regulations made by the Secretary of State under this Act [F22or Part I of the National Health Service and Community Care Act 1990];
[F23“primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990]
“property” includes rights; . . . F4
“registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;
“regulations” means regulations made by the Secretary of State under this Act [F24or Part I of the National Health Service and Community Care Act 1990];
“special hospital” has the meaning given by section 4 above;
“superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;
“university” includes a university college;
[F25“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2)References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

(3)Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.

Textual Amendments

F1Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)

F2Definitions of “District Health Authority” and “health authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

F3Definition repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 10, Sch. 7

F4Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 7, para. 28, Sch. 8

F5Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 9

F6Definition inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 22

F7Definition of “fund-holding practice” in s. 128(1) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 58(b) (with Sch. 2 para. 6)

F8Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(c)

F9Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(d)

F10Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(c)

F11Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(d)

F12Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102(2), Sch. 17

F13Words in the definition of “local authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F14Words in the definition of “local authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

F15Words in the definition of “local social services authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F16Definition substituted by Medical Act 1983 (c. 54, SIF 83:1), s. 56(1), Sch. 5 para. 16(b)

F17Definitions inserted (the insertion not being in force until 1.4.1991 so far as it relates to the definition of “NHS contract”) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(d)

F18Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(e)

F19Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(a)

F20Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(b)

F21Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(f)

F22Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(g)

F23Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(h)

F24Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(i)

F25Definition substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(e)

Marginal Citations

M11984 c. 24(83:1).

M21958 c. 32(83:1).

M31946 c. 81.