National Health Service Act 1977

Prospective

[F1 28E Personal medical or dental services: regulations. E+W+S

(1) The Secretary of State may make regulations with respect to the provision of services in accordance with section 28C arrangements.

(2) The regulations must—

(a) include provision for participants other than [F2 Strategic Health Authorities and] Health Authorities to withdraw from section 28C arrangements if they wish to do so;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.

(3) The regulations may, in particular—

(a) provide that section 28C arrangements may be made only in prescribed circumstances;

(b) provide that section 28C arrangements may be made only in prescribed areas;

(c) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 28C arrangements;

[F4 (ca) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing services in accordance with section 28C arrangements;]

(d) require details of section 28C arrangements to be published;

(e) make provision with respect to the variation and termination of section 28C arrangements;

F5 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) provide for parties to section 28C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 4 of the M1 National Health Service and Community Care Act 1990;

(i) provide for directions, as to payments, made under section 4(7) of the Act of 1990 (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

F6 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (3A) The regulations may also require payments to be made under the arrangements in accordance with directions given for the purpose by the Secretary of State; and section 18(1) and (3)(b) apply in relation to any such directions.

(3B) A direction under subsection (3A) may make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.]

[F8 (3C) The regulations may also include provision requiring a Primary Care Trust or Local Health Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract or general dental services contract on prescribed terms with any person providing services under section 28C arrangements who so requests.]

[F9 (3D) The regulations may also include provision for the resolution of disputes as to the terms of any proposed section 28C arrangements, and in particular may make provision—

(a) for the referral of the terms of the proposed arrangements to the Secretary of State or National Assembly for Wales; and

(b) for the Secretary of State, or Assembly, or a person appointed by him or it, to determine the terms on which the arrangements may be entered into.]

[F10 (3E) The regulations must provide for the circumstances in which a person providing primary medical services under section 28C arrangements—

(a) must or may accept a person as a patient to whom such services are so provided;

(b) may decline to accept a person as such a patient;

(c) may terminate his responsibility for a patient.

(3F) The regulations must make provision as to the right of patients to choose the persons from whom they are to receive services under section 28C arrangements.]

[F11 (4) The regulations must include provision for a medical practitioner who—

(a) has provided or performed personal medical services in accordance with section 28C arrangements, and

(b) in contemplation of doing so, gave up fund-holding status,

to be allowed to return immediately to fund-holding status on satisfying the Secretary of State that, if he were granted that status, he would be able to fulfil the conditions for the time being in force for continuing to have it.

For the purposes of this subsection “fund-holding status” has such meaning as may be prescribed.]

F12 F12 (...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 28E inserted (1.7.2002 for W. and 1.3.2004 for E. for specified purposes) by 1997 c. 46, ss. 22(1), 41(3); S.I. 2004/287, art. 2(1); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F2 Words in s. 28E(2)(a) 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. 8(a); S.I. 2002/2478, art. 3(1)(c)

F3 S. 28E(2)(b) and words(s) repealed (1.3.2004 for E. 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)

F4 S. 28E(3)(ca) inserted (1.3.2004 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(7), 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)

F5 S. 28E(3)(f)(g) repealed (1.3.2004 for E. 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 S. 28E(3)(j)(k) repealed (1.3.2004 for E. 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)

F7 S. 28E(3A)(3B) inserted (1.3.2004 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(8), 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)

F8 S. 28E(3C) inserted (1.3.2004 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(9), 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)

F9 S. 28E(3D) inserted (1.3.2004 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(10), 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)

F10 S. 28E(3E)(3F) inserted (1.3.2004 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(11), 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 S. 28E(4) repealed (1.10.1999 for E. and 1.4.2000 for W.) by 1999 c. 8, ss. 65(2), Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

F12 S. 28E(5)-(8) repealed (1.3.2004 for E. 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.