Part IV Miscellaneous Matters
Provision of general Application
59 Extension of power of user by Crown of patented invention to user for certain health services.
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, F5local pharmaceutical services,F7primary medical services,F1general medical services, personal medical services, F15primary dental services, general dental services or personal dental services, and prescribed for the purposes of this section by regulations made by F2the 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 F16Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006F9(in the case of pharmaceutical services), Part F3II of the M2National Health Service (Scotland) Act F31978F8(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.
F42A
In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F10... kinds under F12... section 17C of the 1978 Act F11(in the case of personal dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
F62B
In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
a
a pilot scheme established under F17section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006;
b
an LPS scheme established under F18Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006; or
c
any corresponding provision of the law in force in the Isle of Man.
F132C
In subsection (1), the F14reference to primary medical services is a reference to primary medical services provided under F19the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, 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 F19the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 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.