National Health Service Act 1977

F1 28D Persons with whom agreements may be made. E+W+S

(1) A [F2 Strategic Health Authority or a] Health Authority may make an agreement under section 28C only with one or more of the following—

(a) an NHS trust; [F3 or NHS foundation trust]

[F4 (b) a medical practitioner who meets the prescribed conditions;

(ba) a dental practitioner who meets the prescribed conditions;

(bb) a health care professional who meets the prescribed conditions;

(bc) an individual who is providing services—

(i) under a general medical services contract or general dental services contract;

(ii) in accordance with section 28C arrangements, section 17C arrangements or Article 15B arrangements; or

(iii) under section 19 or 25 of the 1978 Act or Article 56 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));

or has so provided them within such period as may be prescribed;]

(d) an NHS employee, a section 28C employee [F5 , a section 17C employee or an Article 15B employee] ;

(e) a qualifying body.

[F6 (f) a Primary Care Trust] [F7 or Local Health Board]

[F8 (1A) The power under subsection (1) to make an agreement with a person falling within paragraph (bc) or (d) of that subsection is subject to such conditions as may be prescribed.]

(2) In this section—

• “the 1978 Act” means the M1 National Health Service (Scotland) Act 1978;

• [F9 “Article 15B arrangements” means arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));

  “Article 15B employee” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing or performing those services;]

• [F10 “health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;]

• [F11 “ NHS employee ” means an individual who, in connection with the provision of services in the health service in England and Wales, Scotland or Northern Ireland, is employed by—

  (a)

  an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust;

  (b)

  a Primary Care Trust or Local Health Board;

  (c)

  a person who is providing services under a general medical services contract or a general dental services contract;

• (d)

  an individual who is providing services as specified in subsection (1)(bc)(iii) above;]

• “qualifying body” means—

  (a)

  a company which is limited by shares all of which are legally and beneficially owned by persons falling within [F12 paragraph (a), (b), [F13 (ba), (bb), (bc)] , (d) or (f)] of subsection (1); and also

  (b)

  in the case of an agreement under which [F14 primary] dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the M2 Dentists Act 1984, is entitled to carry on the business of dentistry;

• F15 ...

• F15 ...

• “section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act;

• “section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by [F16 a person providing or performing] those services;

• “section 28C arrangements” means arrangements for the provision of services made under section 28C; and

• “section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by [F16 a person providing or performing] those services.

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 Words in s. 28D(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 7(3); S.I. 2002/2478, art. 3(1)(c)

F3 Words in s. 28D(1)(a) inserted (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. 15(2)(a); 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 S. 28D(1)(b)-(bc) substituted for s. 28D(1)(b) (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(2), 199(1)(4)

F5 Words in s. 28D(1)(d) 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. 15(2)(b); S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F6 S. 28D(1)(f) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(a); S.I. 1999/2540, art. 2(2)

F7 Words in s. 28D(1)(f) inserted (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. 15(2)(c); S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F8 S. 28D(1A) inserted (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(3), 199(1)(4)

F9 Words in s. 28D(2) inserted (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. 15(3); S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F10 Words in s. 28D(2) inserted (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(4), 199(1)(4); S.I. 2004/288, art. 4(2)(a) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F11 Words in s. 28D(2) substituted (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(5), 199(1)(4); S.I. 2004/288, art. 4(2)(a) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F12 S. 28D(2); words in para. (a) of the definition of “qualifiying body” substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(b); S.I. 1999/2540, art. 2(2)

F13 Words in s. 28D(2) 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. 15(4)(a); S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F14 Word in s. 28D(2) 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. 15(4)(b); S.I. 2004/288, art. 4(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

F15 Words in s. 28D(2) 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)

F16 Words in s. 28D substituted (1.3.2004 for E.W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(6), 199(1)(4); S.I. 2004/288, art. 4(2)(a) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

Marginal Citations

M1 1978 c. 29.

M2 1984 c. 24.