National Health Service Act 1977

105 Payments for certain medical examinations. E+W+S

(1) Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for [F1 assessment] or treatment being made under [F2 Part II of the M1 Mental Health Act 1983][F3 the Secretary of State] shall, subject to the following provisions of this section, pay to that medical practitioner—

(a) reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined; and

(b) the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.

(2) No payment shall be made under this section to a medical practitioner—

(a) in respect of an examination carried out as part of his duty to provide general medical services for the person examined [F4 or as part of his duty to perform personal medical services for that person in accordance with section 28C arrangements] ; or

(b) in respect of an examination carried out or any recommendation or report made as part of his duty as an officer of a [F5 NHS trust, Primary Care Trust,][F6 Health Authority or Special Health Authority].

(3) This section shall only apply in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of any such application as mentioned in subsection (1) above, the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament under this Act . . . F7

Textual Amendments

F1 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), ss. 65(1), 69(6), Sch. 3 para. 56, Sch. 5 para. 1

F2 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(b)

F3 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 64(4)

F4 Words in s. 105(2)(a) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 26; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F5 Words in s. 105(2)(b) inserted (1.10.2002 for E. and 10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 9; S.I. 2002/2478, art. 3(2)(b)(i); S.I. 2002/2532, art. 2, Sch.

F6 Words in s. 105(2)(b) 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. 54 (with Sch. 2 para. 6)

F7 Words repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(c), Sch. 6

Marginal Citations

M1 1983 c. 20(85).