National Health Service Act 1977

F1 28C Personal medical or dental services. E+W+S

(1) A [Strategic Health Authority or a] Health Authority may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 28E, under which—

(a) [F2 primary] medical services are provided (otherwise than by the Authority); or

(b) [F2 primary] dental services are provided (otherwise than by the Authority).

(2) An agreement made under this section—

(a) may not combine arrangements for the provision of personal medical services with arrangements for the provision of [F3 primary] dental services [F4 , and may not combine arrangements for the provision of [F3 primary] medical services or [F3 primary] dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 28 of the Health and Social Care Act 2001]; but

(b) may include arrangements for the provision of services—

(i) which are not [F3 primary] medical services or [F3 primary] dental services; but

(ii) which may be provided under this Part.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This Act (and in particular section 17) has effect, in relation to [F6 primary] medical services or [F6 primary] dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section [F7 16D]) of functions of his under this Part.

(5) The functions of a Health Authority in relation to an agreement made under this section are primary functions of the Authority for the purposes of the M1 National Health Service and Community Care Act 1990.

(6) Regulations may provide—

(a) for functions which are exercisable by a [Strategic Health Authority or a] Health Authority in relation to an agreement made under this section to be exercisable on behalf of the Authority by a Health Board; and

(b) for functions which are exercisable by a Health Board in relation to an agreement made under section 17C of the M2 National Health Service (Scotland) Act 1978 to be exercisable on behalf of the Board by a [Strategic Health Authority or a] Health Authority.

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 SS. 28C-28D inserted (1.7.2002 for W. and 1.3.2004 for E. for specified purposes) by 1997 c. 46, ss. 21(1), 41(3); S.I. 2002/1475, art. 2(1), Sch. Pt. 1 S.I. 2004/287, art. 2(1);

F2 Word in s. 28C(1)(a)(b) substituted (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 14; S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F3 Word in s. 28C(2)(a)(b) substituted (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 14; S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F4 Words in s. 28C(2)(a) inserted (1.7.2002 for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 11(4) (with ss. 64(9), 65(4))); S.I. 2002/1475, art. 2, Sch. Pt. 1

F5 S. 28C(3) repealed (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 4(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F6 Word in s. 28C(4) substituted (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 14; S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F7 Word in s. 28C(4) substituted (1.10.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 15; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

F8 S. 28C(7) repealed (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 4(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

Marginal Citations

M1 1990 c. 19.

M2 1978 c. 29.