National Health Service Act 1977 (c. 49)

Part II E+W+S General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Modifications etc. (not altering text)

C1 Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C2 Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C3 Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

[F1 Provisions as to disqualification of practitioners] E+W+S

Textual Amendments

F1 Cross-heading preceding s. 46 omitted (14.12.2001 for E. and 1.7.2002 for W.) by virtue of 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt 1 para. 5(8) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(4), Sch. 2 (subject to art. 2(5)(6)); S.I. 2002/1475, art. 2(1)

[F2 49H Fraud and unsuitability cases: supplementary E+W+S

(1) Where the practitioner is a body corporate, the body corporate is to be treated for the purposes of this group of sections as meeting the second or third condition referred to in section 49F(3) and (4) above—

(a) in the case of an ophthalmic optician not referred to in paragraph (b) or a dental corporation, if any director meets that condition (whether or not he first did so when he was a director), and

(b) in the case of a body corporate carrying on a retail pharmacy business or an ophthalmic optician which is a limited liability partnership, if any one of the body of persons controlling the body meets that condition (whether or not he first did so when he was such a person).

(2) A practitioner is to be treated for the purposes of this group of sections as meeting the condition referred to in section 49F(3) above if—

(a) another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 49F(1) above on the practitioner’s behalf, meets that condition; and

(b) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 49F(3)(a) above occurring in the course of the provision of those services on his behalf.]

Textual Amendments

F2 S. 49H inserted (14.12.2001 for E. for all purposes except those relating to the provision of pharmaceutical services under the 1977 Act and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)