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(1)The powers exercisable in relation to a patented invention under section 46 of the M1Patents Act 1949 by a government department or a person authorised by a government department shall include power to make, use, exercise and vend the invention for the production or supply of drugs and medicines required for the provision of pharmaceutical services, [F1local pharmaceutical services,] [F2primary medical services, ] [F3general medical services, personal medical services, [F4primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F5the Secretaries of State respectively concerned with health in England, in Wales and in Scotland] acting jointly; and any reference in that section or in section 47 or 48 of the Patents Act 1949 to the services of the Crown shall be construed accordingly.
(2)In the foregoing subsection references to pharmaceutical services, general medical services and general dental services shall be construed as referring to services of those respective kinds under [F6Part II of the M2National Health Service Act 1977] [F7(in the case of pharmaceutical services) ] , Part [F8II] of the M3National Health Service (Scotland) Act [F81978] [F9(in the case of pharmaceutical services or general dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
[F10(2A)In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F11... kinds under F12... section 17C of the 1978 Act [F13(in the case of personal dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]
[F14(2B)In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
(a)a pilot scheme established under section 28 of the Health and Social Care Act 2001;
(b)an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49); or
(c)any corresponding provision of the law in force in the Isle of Man.]
[F15(2C)In subsection (1), the [F16reference to primary medical services is a reference to primary medical services provided under Part 1 of the 1977 Act, Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to] primary dental services provided under Part 1 of the 1977 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]
(3)The power conferred by subsection (1) above to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)This section shall extend to the Isle of Man.
Textual Amendments
F1Words in s. 59(1) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(a) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)
F2Words in s. 59(1) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(a); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F3Words in s. 59(1) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3(1)(3)(4))
F4Words in s. 59(1) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(b); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a)
F5Words substituted by S.I. 1969/388, Sch. 1
F6Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 44
F7Words in s. 59(2) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(3); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F8Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)
F9Words in s. 59(2) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(a)
F10S. 59(2A) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3)
F11Word in s. 59(2A) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(i)
F12Words in s. 59(2A) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(4), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F13Words in s. 59(2A) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(ii)
F14S. 59(2B) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(b) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)
F15S. 59(2C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(5); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F16Words in s. 59(2C) substituted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(c)
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