Health Services Act 1976

9 Use by general practitioners etc. of NHS accommodation and facilities for private practice

(1) A person to whom this section applies who wishes to use any relevant NHS accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients may apply in writing to the Secretary of State for permission under this section.

(2) Any application for permission under this section must specify—

(a) which of the relevant NHS accommodation or facilities the applicant wishes to use for the purpose of providing services to such patients ; and

(b) which of the kinds of services mentioned in subsection (1) above he wishes the permission to cover.

(3) On receiving an application under this section the Secretary of State shall consider whether anything for which permission is sought would interfere with the giving of full and proper attention to persons seeking or afforded access otherwise than as private patients to any services provided under the National Health Service Acts, and shall grant the permission applied for unless in his opinion anything for which permission is sought would so interfere.

(4) Any grant of permission under this section shall be on such terms (including terms as to the payment of charges for the use of relevant NHS accommodation or facilities pursuant to the permission) as the Secretary of State may from time to time determine.

(5) Where any person to whom this section applies is at the passing of this Act entitled to use any relevant NHS accommodation or facilities under arrangements then in force, he shall be deemed to have been granted permission under this section to use the accommodation or facilities in question to the same extent and for the same purposes as were covered by the arrangements ; and the arrangements shall terminate by virtue of this subsection on the passing of this Act.

(6) The persons to whom this section applies are—

(a) persons of any of the following descriptions who provide services under Part IV of the principal Act, namely medical practitioners, dental practitioners, registered pharmacists, and ophthalmic or dispensing opticians; and

(b) other persons who provide pharmaceutical or ophthalmic services under the said Part IV ; and

(c) chiropodists who provide services under the National Health Service Acts at premises where services are provided under Part IV of the principal Act.

(7) In this section " relevant NHS accommodation or facilities ", in relation to a person to whom this section applies, means any accommodation or facilities available at premises provided by the Secretary of State by virtue of the National Health Service Acts, being accommodation or facilities which that person is for the time being authorised to use for purposes of Part IV of the principal Act or, in the case of a person to whom this section applies by virtue of subsection (6)(c) above, accommodation or facilities which that person is for the time being authorised to use for purposes of the said Acts at premises where services are provided under the said Part IV.