National Health Service and Community Care Act 1990

[F1 4A Provision of certain services under NHS contracts. E+W

[F2 (1) This section applies to any arrangement under which [F3 a Strategic Health Authority,][F4 a Primary Care Trust,] a Health Authority or such other health service body as may be prescribed arrange for the provision to them—

(a) by a person on an ophthalmic list, F5 . . .

[F6 (aa) by a contractor under a general ophthalmic services contract, or]

(b) by a person on a pharmaceutical list,

of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of the principal Act [F7 other than under section 16CD of that Act].

(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 4 (other than subsections (4) and (6)).

(3) In this section—

• [F8 “general ophthalmic services contract” and “contractor” under such a contract have the meanings given by section 28WA of the principal Act;]

• “health service body” means a body which is a health service body for the purposes of section 4;

• “ophthalmic list” means a list published in accordance with regulations made under—

  (a)

  section [F9 39(1)(a)] of the principal Act;

  (b)

  section 26(2)(a) of the M1 National Health Service (Scotland) Act 1978; or

  (c)

  Article 62(2)(a) of the M2 Health and Personal Social Services (Northern Ireland) Order 1972; and

• “pharmaceutical list” means a list published in accordance with regulations made under—

  (a)

  section 42(2)(a) of the principal Act;

  (b)

  section 27(2) of the National Health Service (Scotland) Act 1978; or

  (c)

  Article 63(2A)(a) of the 1972 Order.

[F10 (4) In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.]]]

Textual Amendments

F1 S. 4A inserted (1.9.1997) by 1997 c. 46, s. 31(1); S.I. 1997/1780,

F2 S. 4A repealed (1.3.2007 for certain purposes, 1.8.2008 for certain purposes and otherwise prosp.) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2)(4)(g)(h)(l)(5)(6), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1); S.I. 2008/1972, art. 2(b)

F3 Words in s. 4A(1) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 41; S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F4 Words in s. 4A(1) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 54; S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)

F5 Word in s. 4A(1)(a) omitted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(7), Sch. 8 para. 29(2)(a); S.I. 2008/1972, art. 2(b)

F6 S. 4A(1)(aa) inserted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(7), Sch. 8 {para. 29(2)(a)}; S.I. 2008/1972, art. 2(b)

F7 Words in s. 4A(1) inserted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(7), Sch. 8 para. 29(2)(b); S.I. 2008/1972, art. 2(b)

F8 S. 4A(3): definition of "general ophthalmic services contract" and "contractor" inserted (19.7.2006 for specified purposes, otherwise 1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(1)(e)(7), Sch. 8 {para. 29(3)}

F9 Words in s. 4A(3) substituted (1.7.2002) by virtue of 2001 c. 15, s. 67, Sch. 5 Pt. 1 para. 8 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. 1

F10 S. 4A(4) inserted (1.4.2006) by The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056, arts. 1(2)(c), 2, Sch. para. 5(c) (which came into force in accordance with art. 1(2) of that Order and The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (S.S.I. 2006/135) which were made on 10.3.2006 under substituted s. 26 of the National Health Service (Scotland) Act 1978 (c. 29) and came into force on 1.4.2006)

Marginal Citations

M1 1978 c. 29.

M2 S.I. 1972/1265 (N.I.14).