National Health Service Act 1977

Part I E+W+S Services and Administration

Functions of the Secretary of State E+W+S

1 Secretary of State’s duty as to health service. E+W+S

(1) It is the Secretary of State’s duty to continue the promotion in England and Wales of a comprehensive health service designed to secure improvement—

(a) in the physical and mental health of the people of those countries, and

(b) in the prevention, diagnosis and treatment of illness,

and for that purpose to provide or secure the effective provision of services in accordance with this Act.

(2) The services so provided shall be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

2 Secretary of State’s general power as to services. E+W+S

Without prejudice to the Secretary of State’s powers apart from this section, he has power—

(a) to provide such services as he considers appropriate for the purpose of discharging any duty imposed on him by this Act; and

(b) to do any other thing whatsoever which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty.

This section is subject to section 3(3) below.

Modifications etc. (not altering text)

C1 S. 2: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

C2 S. 2: functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I.2000/695, reg. 3(2)(a), Sch. 1

3 Services generally. E+W+S

(1) It is the Secretary of State’s duty to provide throughout England and Wales, to such extent as he considers necessary to meet all reasonable requirements—

(a) hospital accommodation;

(b) other accommodation for the purpose of any service provided under this Act;

(c) medical, dental, nursing and ambulance services;

(d) such other facilities for the care of expectant and nursing mothers and young children as he considers are appropriate as part of the health service;

(e) such facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service;

(f) such other services as are required for the diagnosis and treatment of illness.

(2) Where any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the M1 National Health Service Act 1946, and—

(a) the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination, then

(b) regard shall be had in the general administration of the hospital to the preservation of that character and those associations.

(3) Nothing in section 2 above or in this section affects the provisions of Part II of this Act (which relates to arrangements with practitioners for the provision of medical, dental, ophthalmic and pharmaceutical services).

Modifications etc. (not altering text)

C3 S. 3(1)(a)-(f): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

C4 S. 3(1)(a)-(f): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

Marginal Citations

M1 1946 c. 81.

4 Special hospitals. E+W+S

The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide and maintain establishments (in this Act referred to as ”special hospitals”) for persons subject to detention under [F1 the M2 Mental Health Act 1983] who in his opinion require treatment under conditions of special security on account of their dangerous, violent or criminal propensities.

Textual Amendments

F1 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 131(1), 148, Sch. 4 para. 47(a)

Marginal Citations

M2 1983 c. 20(85).

5 Other services. E+W+S

(1) It is the Secretary of State’s duty—

(a) to provide for the medical . . . F2 inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities [F3 or at grant–maintained schools] and for the medical . . . F2 treatment of such pupils . . . F4 ;

(b) to arrange, to such extent as he considers necessary to meet all reasonable requirements in England and Wales, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances and appliances.

[F5 (1A) It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—

(a) for the dental inspection of pupils in attendance at schools maintained by local education authorities or at grant-maintained schools;

(b) for the dental treatment of such pupils; and

(c) for the education of such pupils in dental health.

(1B) Schedule 1 to this Act shall have effect.]

(2) The Secretary of State may—

(a) provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability and, at the request of such a person, may provide for him a vehicle other than an invalid carriage (and the additional provisions set out in Schedule 2 to this Act have effect in relation to this paragraph);

(b) arrange to provide accommodation and treatment outside Great Britain for persons suffering from respiratory tuberculosis;

(c) provide a microbiological service, which may include the provision of laboratories, for the control of the spread of infectious diseases [F6 and carry on such other activities as in his opinion can conveniently be carried on in conjunction with that service];

(d) conduct, or assist by grants or otherwise (without prejudice to the general powers and duties conferred on him under the M3 Ministry of Health Act 1919) any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, and into any such other matters connected with any service provided under this Act as he considers appropriate.

[F7 (2A) Charges may be made for service or materials supplied by virtue of paragraph (c) of subsection (2) above; and the powers conferred by that paragraph may be exercised both for the purposes of the health service and for other purposes.]

[F8 (2B) The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

(a) to holidays for patients;

(b) to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

(c) to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4) The Public Health Laboratory Service Board continues in being for the purpose of exercising such functions with respect to the [F10 powers conferred by paragraph (c) of subsection (2) above as the Secretary of State may determine].

(5) The Board shall continue to be constituted in accordance with Part I of Schedule 3 to this Act, and the additional provisions set out in Part II of that Schedule have effect in relation to the Board.

Textual Amendments

F2 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 10(1)(a), 25(2), Sch. 3

F3 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 20

F4 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F5 S. 5(1A)(1B) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(1)(b)

F6 Words substituted by Public Health Laboratory Service Act 1979 (c. 23, SIF 113:1), s. 1(1)

F7 S. 5(2A) inserted by Public Health Laboratory Service Act 1979 (c. 23, SIF 113:1), s. 1(2)

F8 S. 5(2B) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 9(1)

F9 S. 5(3) repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

F10 Words substituted by Public Health Laboratory Service Act 1979 (c. 23, SIF 113:1), s. 1(3)

Modifications etc. (not altering text)

C5 S. 5(1)-(1B) applied (1.4.1994) by S.I. 1994/653, reg. 42, Sch. Pt. I

S. 5(1)-(1B) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

C6 S. 5(2B): s. 5(2B) modified by S.I. 1991/1236, art. 2(b) which revoked S.I.1991/577 23.5.1991

Marginal Citations

M3 1919 c. 21(57).

Central Health Services Council and Medical Practices Committee E+W+S

6 X1 Central Health Services Council, and standing advisory committees. E+W+S

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) The Secretary of State may, . . . F12 by order constitute standing advisory committees for the purpose of advising him . . . F12 on such of the services provided under this Act as may be specified in the order [F13 and the provisions of Schedule 4 to this Act shall have effect in relation to such committees].

[F14 (4) Any committee so constituted shall consist of persons appointed by the Secretary of State after consultation with such representative organisations as he recognises for the purpose.]

(5) It shall be the duty of a committee so constituted to advise the Secretary of State and . . . F12 —

(a) upon such matters relating to the services with which the committee are concerned as they think fit, and

(b) upon any questions referred to them by the Secretary of State . . . F12 relating to those services,

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

(6), (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Editorial Information

X1 Unreliable marginal note

Textual Amendments

F11 Ss. 6(1)(2)(6)(7), 30(2), 59, 60, 67-71, 73-76, Sch. 4 para. 1, Sch. 15 paras. 11, 41, 68-70 repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F12 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F13 Words added by Health Services Act 1980 (c. 53, SIF 113:2), s. 8(3)(a)

F14 S. 6(4) substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 8(3)(b)

7 Medical Practices Committee. E+W+S

(1) [F15 Subject to subsection (1A) below] the Medical Practices Committee—

(a) shall consist of a chairman and eight other members appointed by the Secretary of State after consultation with such organisations as he may recognise as representative of the medical profession; and

(b) the chairman and six of the other members shall be medical practitioners, and five at least of those six shall be actively engaged in medical practice.

[F16 (1A) The Secretary of State may by order make such modifications as he considers appropriate of paragraphs (a) and (b) of subsection (1) above.]

(2) The Secretary of State may—

(a) make regulations as to the appointment, tenure of office and vacation of office of the members of the Committee; and

(b) provide the services of such officers as the Committee may require.

(3) The Committee’s proceedings shall not be invalidated by any vacancy in its membership or by any defect in a member’s appointment or qualification.

[F17 (4) After consulting the Medical Practices Committee, the Secretary of State may give the Committee directions with respect to the exercise of its functions; and it shall be the duty of the Committee to comply with any such directions.]

Textual Amendments

F15 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 22(2)

F16 S. 7(1A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 22(3)

F17 S. 7(4) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 22(4)

Local administration E+W+S

8 Regional and Area Health Authorities. E+W+S

[F18 F19 (1) It is the Secretary of State’s duty to establish by order in accordance with Part I of [F20 Schedule 1 to the National Health Service and Community Care Act 1990]]—

(a) authorities for such regions in England as he may by order determine; and

(b) authorities for such . . . F21 . . . F22 districts in Wales or those regions in England as he may by order determine,

and orders determining regions, . . . F21 or districts in pursuance of this subsection shall be separate from orders establishing authorities for the regions, . . . F21 or districts.

(1A) The authorities established by order under subsection (1) above shall be named as follows—

(a) an authority established for a region shall be called a Regional Health Authority;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(c) an authority for a district shall, . . . F24 be called either a District Health Authority . . . F24 or by a special name indicating the authority’s connection with the district or a place in the district, . . . F24 ;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(2) The Secretary of State may by order vary the region of a Regional Health Authority or the . . . F25 [F26 . . . F25 district] of an . . . F25 [F26 . . . F25 District] Health Authority whether or not the variation entails the determination of a new or the abolition of an existing region or . . . F25 [F26 . . . F25 district].

(3) It is the Secretary of State’s duty to exercise the powers conferred on him by the preceding provisions of this section so as to secure—

(a) that the regions determined in pursuance of those provisions together comprise the whole of England, that the . . . F27 [F28 . . . F27 districts] so determined together comprise the whole of Wales and those regions and that no region includes part only of any . . . F27 [F28 . . . F27 district]; and

(b) that the provision of health services in each region can conveniently be associated with a university which has a school of medicine or with two or more such universities.

(4) An order made by virtue of subsection (2) above may (without prejudice to the generality of section 126(4) below) contain such provisions for the transfer of officers, property, rights and liabilities as the Secretary of State thinks fit.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F18

Textual Amendments

F18 S. 8(5) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 1(1)(c), 66(2), Sch. 10

F19 S. 8(1)(1A) substituted for s. 8(1) by Health Services Act 1980 (c. 53, SIF 113:2), s. 1(1), Sch. 1 para. 28(a)

F20 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 1(1)(a)

F21 Word repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F22 Word repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F23 S. 8(1A)(b) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F24 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

F25 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F26 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 1(1), Sch. 1 para. 28(b)

F27 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F28 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 28(c)

Modifications etc. (not altering text)

C7 S. 8: by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 1(1)(b) it is provided that in s.8 any reference to an area or an Area Health Authority shall be omitted

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 E+W+S

Textual Amendments

F29 S. 9, Sch. 5 Pt. I para. 4, Sch. 8 paras. 1(2), 2(5), 3(2), repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 13, 30, Sch. 10 Pt. I

[F30 10 Family Practitioner Committees. E+W+S

(1) It is the duty of the Secretary of State by order to establish, in accordance with Part II of [F31 Schedule 1 to the National Health Service and Community Care Act 1990], authorities to be called Family Practitioner Committees.

(2) Family Practitioner Committees shall be known by such names, in addition to that title, as the order may specify.

(3) When the Secretary of State makes an order under subsection (1) above establishing a Family Practitioner Committee, he shall also (either in the same or another instrument) make an order in relation to that Committee specifying a locality for which the Committee is to act.

(4) The Secretary of State may by order—

(a) vary a Committee’s locality;

(b) abolish a Committee;

(c) establish a new one.

(5) The Secretary of State shall so exercise his powers under subsections (3) and (4) above as to secure—

(a) that the localities for which Family Practitioner Committees are at any time acting together comprise the whole of England and Wales; but

(b) that none of them extends both into England and into Wales.

(6) Without prejudice to the generality of section 126(4) below, the power to make incidental or supplemental provision conferred by that subsection includes, in its application to orders under this section, power to make provision for the transfer of staff, property, rights and liabilities.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 ]

Textual Amendments

F30 S. 10 substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(1)

F31 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 2(3)(a)

F32 S. 10(7) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 2(3)(b), 66(2), Sch. 10

11 Special health authorities. E+W+S

(1) If the Secretary of State considers that a special body should be established for the purpose of performing any functions which he may direct the body to perform on his behalf, or on behalf of an . . . F33 [F34 . . . F33 District] Health Authority or a Family Practitioner Committee, he may by order establish a body for that purpose.

(2) The Secretary of State may, subject to the provisions of Part III of Schedule 5 to this Act, make such further provision relating to that body as he thinks fit.

(3) A body established in pursuance of this section shall (without prejudice to the power conferred by subsection (4) below allocate a particular name to the body) be called a special health authority.

(4) Without prejudice to the generality of the power conferred by this section to make an order (or of section 126(4) below), that order may in particular contain provisions as to—

(a) the membership of the body established by the order;

(b) the transfer to the body of officers, property, rights and liabilities; and

(c) the name by which the body is to be known.

(5) It is the Secretary of State’s duty before he makes such an order to consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.

Textual Amendments

F33 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F34 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 31

12 Supplementary provisions for ss. 8 to 11. E+W+S

The provisions of Part III of Schedule 5 to this Act have effect, so far as applicable, in relation to—

(a) Regional Health Authorities . . . F35 . . . F36 [F37 and District Health Authorities] established under section 8 above;

(b) Family Practitioner Committees established under section 10 above . . . F38 ;

(c) any special health authority established under section 11 above.

Textual Amendments

F35 Word repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 32

F36 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F37 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 32

F38 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

13 Secretary of State’s directions. E+W+S

(1) The Secretary of State may direct a Regional Health Authority, . . . F39 , [F40 a District Health Authority of which the district is in Wales] or a special health authority to exercise on his behalf such of his functions relating to the health service as are specified in the directions, and (subject to section 14 below) it shall be the duty of the body in question to comply with the directions.

(2) The Secretary of State’s functions under subsection (1) above—

(a) include any of his functions under enactments relating to mental health and nursing homes, but

(b) exclude the duty imposed on him by section 1(1) above to secure the effective provision of the services mentioned in section 15 below.

Textual Amendments

F39 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F40 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 33

14 Regional Health Authority’s directions. E+W+S

(1) A Regional Health Authority may direct any . . . F41 [F42 . . . F41 District] Health Authority of which the . . . F41 [F42 . . . F41 district] is included in its region to exercise such of the functions exercisable by the Regional Health Authority by virtue of section 13 above as are specified in the directions, and it is the . . . F41 [F42 . . . F41 District] Health Authority’s duty to comply with the directions.

(2) If the Secretary of State directs a Regional Health Authority to secure that any of its functions specified in his directions are or are not exercisable by an . . . F41 [F42 . . . F41 District] Health Authority it is the Regional Health Authority’s duty to comply with his directions.

Textual Amendments

F41 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F42 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 34

Modifications etc. (not altering text)

C8 S. 14(1) modified (1.4.1993) by S.I. 1993/567, art. 3(5)

15 Duty of Family Practitioner Committee. E+W+S

(1) It is the duty of each Family Practitioner Committee, in accordance with regulations [F43 and subject to any directions from the relevant Regional Health Authority]—

[F44 (a) to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their locality;]

(b) to perform such [F45 management and] other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

[F47 (1A) In relation to a Family Health Services Authority for a locality in England, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Regional Health Authority is a reference to that Authority in whose region lies the whole or the greater part of the Authority’s locality.

(1B) In relation to a medical practitioner, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Family Health Services Authority shall be construed as follows,—

(a) if he practices in partnership with other medical practitioners, the relevant Authority is that Authority on whose medical list the members of the practice are included and, if some are included on one Authority’s medical list and some on another’s or if any of the members is included in the medical lists of two or more Authorities, the relevant Authority is that Authority in whose locality resides the largest number of individuals who are on the lists of patients of the members of the practice; and

(b) in any other case, the relevant Authority is that Authority on whose medical list he is included and, if there is more than one, that one of them in whose locality resides the largest number of individuals who are on his list of patients.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F43 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(1)(a)

F44 S. 15(1)(a) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(2)

F45 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(1)(b)

F46 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F47 S. 15(1A)(1B) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(1)(c)

F48 S. 15(2), Sch. 12 para. 2(5) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

Modifications etc. (not altering text)

C9 S. 15(1)(b) modified (1.4.1995) by S.I. 1995/692, art, 2

16 Exercise of functions. E+W+S

(1) Regulations may provide for functions exercisable by virtue of the provisions of sections 13 to 15 above by a body other than [F49 a Regional or District Health Authority, or exercisable by a Regional or District Health Authority by virtue of any prescribed provision of this or any other Act, or exercisable by a Family Health Services Authority under Part I of the National Health Service and Community Care Act 1990], to be exercisable on behalf of the body in question—

(a) by an equivalent body or by another body of which the members consist only of the body and equivalent bodies;

(b) by a committee, sub-committee or officer of the body or an equivalent body or such another body as aforesaid;

(c) in the case of functions exercisable by an . . . F50 [F51 . . . F50 District] Health Authority, by a special health authority, an officer of such an authority or a Family Practitioner Committee;

(d) in the case of functions exercisable by a Family Practitioner Committee, by a special health authority, an officer of such an authority or an officer of an . . . F50 [F51 . . . F50 District] Health Authority.

(2) For the purposes of subsection (1) above, a Regional [F52 Health Authority, . . . F53 , a District] Health Authority or a Family Practitioner Committee is equivalent to another body of the same name . . . F54 and a special health authority is equivalent to another such authority.

(3) Nothing in this section shall be construed as precluding any body from acting by an agent where it is entitled so to act apart from this section.

Textual Amendments

F49 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 3(3)(5)

F50 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F51 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 36(a)

F52 Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 36(b)

F53 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F54 Words, which were inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 36(b), are now repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

Valid from 08/09/1999

[F55 16A Primary Care Trusts. E+W+S

(1) The Secretary of State may establish bodies to be known as Primary Care Trusts with a view, in particular, to their—

(a) providing or arranging for the provision of services under this Part of this Act,

(b) exercising functions in relation to the provision of general medical services under Part II of this Act, and

(c) providing services in accordance with section 28C arrangements.

(2) Each Primary Care Trust shall be established by an order made by him (referred to in this Act as a PCT order).

(3) A Primary Care Trust shall be established for the area specified in its PCT order and shall exercise its functions in accordance with any prohibitions or restrictions in the order.

(4) If any consultation requirements apply, they must be complied with before a PCT order is made.

(5) In this section, ”consultation requirements” means requirements about consultation contained in regulations (and the regulations must impose requirements where a PCT order establishes a Primary Care Trust).

(6) Schedule 5A to this Act (which makes further provision about Primary Care Trusts) shall have effect.]

Textual Amendments

F55 Ss. 16A, 16B inserted (8.9.1999 for specified purposes for E. and 4.1.2000 insofar as not already in force for E.) by 1999 c. 8, s. 2(1); S.I. 1999/2342, art. 2(2)(a)(3), Sch. 2

Modifications etc. (not altering text)

C10 S. 16A extended (19.12.2001 for E.) by 2001 c. 15, ss. 45(5), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2(a)

Valid from 08/09/1999

F56 16B Exercise of functions by Primary Care Trusts. E+W+S

(1) This section applies to functions which are exercisable by a Primary Care Trust under or by virtue of this Act (including this section), the M4 National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2) Regulations may provide for any functions to which this section applies to be exercised—

(a) by another Primary Care Trust,

(b) by a Special Health Authority, or

(c) jointly with any one or more of the following: Health Authorities, NHS trusts and other Primary Care Trusts.

(3) Regulations may provide—

(a) for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,

(b) for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c) for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.

Textual Amendments

F56 Ss. 16A, 16B inserted (8.9.1999 for specified purposes for E., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) by 1999 c. 8, s. 2(1); S.I. 1999/2342, art. 2(2)(a)(3), Sch. 2

Marginal Citations

M4 1990 c.19

Valid from 10/10/2002

[F57 16BA Local Health Boards E+W+S

(1) The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising—

(a) functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities),

(b) other functions of the Assembly relating to the health service.

(2) Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

(3) A Local Health Board shall be established for the area of Wales specified in its LHB order.

(4) If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

(5) In this section, “consultation requirements” means requirements about consultation contained in regulations made by the Assembly.

(6) Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect.

Textual Amendments

F57 Ss. 16BA, 16BB, 16BC inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(1), 42(3); S.I. 2002/2532, art. 2

Valid from 10/10/2002

16BB Local Health Boards: functions E+W+S

(1) The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which—

(a) were exercised by a Health Authority in relation to any part of the same area, and

(b) have been transferred to the Assembly as mentioned in section 16BA(1) above.

(2) The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions.

(3) The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

(4) The Assembly may give directions to a Local Health Board about its exercise of any functions.

(5) Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing.

Textual Amendments

F57 Ss. 16BA, 16BB, 16BC inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(1), 42(3); S.I. 2002/2532, art. 2

Valid from 10/10/2002

16BC Exercise of functions by Local Health Boards E+W+S

(1) This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section.

(2) The Assembly may give directions providing for any functions to which this section applies to be exercised—

(a) by another Local Health Board;

(b) by a Special Health Authority; or

(c) jointly with any one or more of the following: Health Authorities, NHS trusts, Primary Care Trusts and other Local Health Boards.

(3) Directions given by the Assembly may provide—

(a) for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Board,

(b) for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c) for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more Health Authorities or other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.]

Textual Amendments

F57 Ss. 16BA, 16BB, 16BC inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(1), 42(3); S.I. 2002/2532, art. 2

Valid from 04/01/2000

[F58 16C Advice for Health Authorities and Primary Care Trusts. E+W+S

(1) Every Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.

(2) This section applies to Primary Care Trusts as it applies to Health Authorities.]

Textual Amendments

F58 S. 16C inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, s. 65, Sch. 4 para. 10; S.I. 1999/2342, art. 2(3)(a), Sch. 2

[F59 Directions as to distribution and exercise of functions] E+W+S

Textual Amendments

F59 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

Valid from 01/09/1999

[F60 16D Secretary of State’s directions: distribution of functions. E+W+S

(1) The Secretary of State may direct a Health Authority or Special Health Authority to exercise any of his functions relating to the health service which are specified in the directions.

(2) The Secretary of State may direct a Special Health Authority to exercise any functions of a Health Authority or a Primary Care Trust which are specified in the directions.

(3) The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.]

Textual Amendments

F60 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

[F61 17 Directions as to exercise of functions. E+W+S

(1) The Secretary of State may give directions with respect to the exercise of any functions exercisable by virtue of sections 13 to 16 above [F62 and may also give directions with respect to the exercise by health authorities or Family Health Services Authorities of functions under the National Health Service and Community Care Act 1990]; and, subject to any directions given by the Secretary of State by virtue of this section, a Regional Health Authority may give directions with respect to the exercise

[F63 (a)] by a District Health Authority of which the district is included in its region, of any functions exercisable by the District Health Authority by virtue of section 14 above. [F64 and

(b) by a Family Health Services Authority in relation to which it is the relevant Regional Health Authority, of any functions exercisable by the Family Health Services Authority by virtue of section 15 above or the National Health Service and Community Care Act 1990.]

(2) It shall be the duty of a body to whom directions are given under subsection (1) above to comply with the directions.]

Textual Amendments

F61 S. 17 substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 2

F62 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 3(4)(5)

F63 ”(a)” inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(2)

F64 S. 17(1)(b) and the the word ”and” directly preceding it added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(2)

Modifications etc. (not altering text)

C11 S. 17 amended by Hospital Complaints Procedure Act 1985 (c. 42, SIF 113:2), ss. 1(1), 2(2)

Valid from 01/09/1999

[F65 17A Health Authority’s directions: distribution of functions. E+W+S

(1) A Health Authority may direct a Primary Care Trust whose area falls within their area to exercise any specified delegable functions.

(2) A function is a delegable function for the purposes of this section if it is a function exercisable by the Health Authority which is not an excepted function.

(3) In subsection (2) above ”excepted function” means a function under—

(a) section 4 above;

(b) section 15 above (except in so far as it relates to general medical services);

(c) section 44 or 45(1C) to (4) below; or

(d) any of the other provisions of Part II of this Act—

(i) unless it is a function under section 51, 52 or 53; or

(ii) in relation to the remaining provisions of Part II, except in so far as the function relates to general medical services,

or a function referred to in section 28EE(1)(a) to (d) below.

(4) The Secretary of State may direct Health Authorities that specified delegable functions—

(a) are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or

(b) are not to be exercisable by Primary Care Trusts,

and that the power under subsection (1) above is to be exercised accordingly.

(5) In this section ”specified” means specified in directions.]

Textual Amendments

F65 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Schs. 1, 2

Modifications etc. (not altering text)

C12 S. 17A modified (4.1.2000 for E. and otherwise prosp.) by 1997 c. 46, s. 8A(1) (as inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, s. 6(1); S.I. 1999/2342, art. 2(3), Sch. 2)

C13 S. 17A(1) restricted (1.5.2000) by S.I. 2000/1168, art. 8

S. 17A(1) restricted (18.2.2000) by S.I. 2000/307, art. 8

S. 17A(1) restricted (14.8.2000) by S.I. 2000/2154, art. 8

S. 17A(1) restricted (7.7.2000) by S.I. 2000/1718, art. 8

Valid from 01/09/1999

[F66 17B Health Authority’s directions: exercise of functions. E+W+S

(1) A Health Authority may give directions to a Primary Care Trust about its exercise of any functions which the authority have directed the trust to exercise under section 17A above.

(2) Directions under this section have effect subject to any directions given under section 17 above.]

Textual Amendments

F66 Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

[F67 Directions and regulations: general] E+W+S

Textual Amendments

F67 S. 18: cross-heading, sidenote and subsections (1)-(1B) substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 18 down to the end of subsection (1) by 1999 c. 8, s. 12(3); S.I. 1999/2343, art. 2(1)(3), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3)

18 Directions under ss. 13 to 17 generally. E+W+S

(1) Any directions given by the Secretary of State in pursuance of sections 13 to 17 above shall be given either by regulations or by an instrument in writing, except that—

(a) any such directions in pursuance of section 13 above in respect of functions relating to special hospitals, and

(b) any such directions in respect of functions conferred on the Secretary of State by section 20(1) or (2) below,

shall only be given by regulations.

(2) Any directions given by an Authority in pursuance of sections 13 to 17 shall be given by an instrument in writing.

(3) Directions given and regulations made under sections 13 to 17 in respect of any function—

(a) shall not, except in prescribed cases, preclude a body or person by whom the function is exercisable apart from the directions or regulations from exercising the function, and

(b) may in the case of directions given by an instrument in writing be varied or revoked by subsequent directions given in pursuance of those sections and this section (without prejudice to the operation of [F68 section 14 of the M5 Interpretation Act 1978] in the case of directions given by regulations),

so, however, that an . . . F69 [F70 . . . F69 District] Health Authority shall not be entitled to exercise any functions which, by virtue of section 15 above, are exercisable by the Family Practitioner Committee . . . F71

Textual Amendments

F68 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F69 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F70 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 38

F71 Words repealed by S.I. 1985/39, art. 7(2)

Marginal Citations

M5 1978 c. 30(115:1).

Valid from 04/01/2000

[F72 Primary Care Trusts: further functions E+W+S

Textual Amendments

F72 S. 18A and preceding cross-heading inserted (4.1.2000 for specified purposes for E. and otherwiseprosp.) by 1999 c. 8, s. 5; S.I. 1999/2342, art. 2(3), Sch. 2

F73 18A Provision of services etc. E+W+S

(1) A Primary Care Trust may provide services under an agreement made under section 28C below, and may do so as a member of a qualifying body (within the meaning of section 28D).

(2) A Primary Care Trust may arrange for the provision by the trust to another health service body of goods or services (including accommodation) which are of the same description as those which, at the time of making the arrangement, the trust has power to provide in carrying out its other functions.

(3) A Primary Care Trust may provide premises for the use of persons—

(a) providing general medical, general dental, general ophthalmic or pharmaceutical services, or

(b) performing personal medical or personal dental services under an agreement made under section 28C below,

on any terms it thinks fit.

(4) A Primary Care Trust which manages any hospital may make accommodation or services available there for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the trust in respect of the accommodation or services.

(5) A Primary Care Trust has power to do anything specified in section 7(2) of M6 the Health and Medicines Act 1988 (provision of goods, services etc.), other than make accommodation or services available for patients at any hospital it manages, for the purpose of making additional income available for improving the health service.

(6) A Primary Care Trust may only exercise a power conferred by subsection (4) or (5) above—

(a) to the extent that its exercise does not to any significant extent interfere with the performance by the trust of its functions or of its obligations under NHS contracts, and

(b) in circumstances specified in directions under section 17 above, with the Secretary of State’s consent.

(7) In this section ”hospital” means a health service hospital and includes any establishment or facility managed for the purposes of the health service.]

Textual Amendments

F73 S. 18A and preceding cross-heading inserted (4.1.2000 for specified purposes for E. and otherwiseprosp.) by 1999 c. 8, s. 5; S.I. 1999/2342, art. 2(3), Sch. 2

Marginal Citations

M6 1988 c.49

Local advisory committees andCommunity Health Councils E+W+S

19 Local advisory committees. E+W+S

(1) Where the Secretary of State is satisfied that a committee formed for Wales, or for the region of a Regional Health Authority, is representative of persons of any of the following categories—

(a) the medical practitioners, or

(b) the dental practitioners, or

(c) the nurses and midwives, or

(d) the registered pharmacists, or

(e) the ophthalmic [F74 and dispensing] opticians,

of Wales or of the region, then it shall be his duty to recognise the committee.

(2) A committee recognised in pursuance of subsection (1) above shall be called—

(a) the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

(b) the Regional Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be, for the region in question.

(3) Where the Secretary of State is satisfied that a committee formed for the area of an Area Health Authority [F75 or for the district of a District Health Authority] is representative of persons of any of the categories mentioned in paragraphs (a) to (e) in subsection (1) it shall be his duty to recognise the committee.

A committee recognised in pursuance of this subsection shall be called the Area [F75 or the District] Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be, for the area [F75 or district] in question.

(4) The Secretary of State’s duty under subsections (1) and (3) above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

Textual Amendments

F74 Words repealed (prosp.) by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 24, 27(1), Sch. 8 Pt. I

F75 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 39

Valid from 01/09/2003

[F76 19A Independent advocacy services E+W+S

(1) It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) “Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a) a complaint under a procedure operated by a health service body or independent provider,

(b) a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c) a complaint of a prescribed description which relates to the provision of services as part of the health service and—

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)—

• “health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

• “independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4) The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6) The Secretary of State may make payments to any person in pursuance of arrangements under this section.]

Textual Amendments

F76 S. 19A inserted (prosp.) by 2001 c. 15, ss. 12, 70(2) (with ss. 64(9), 65(4))

20 Community Health Councils. E+W+S

(1) It is the Secretary of State’s duty to establish in accordance with this section a council for the area of each Area Health Authority [F77 and a council for the district of each District Health Authority], or separate councils for such separate parts of the areas [F77 or districts] of those Authorities as he thinks fit, and such a council shall be called a Community Health Council.

(2) The Secretary of State—

(a) may if he thinks fit discharge this duty by establishing a Community Health Council for a district which includes the areas or parts of the areas of two or more Area Health Authorities [F77 or for a district which includes the districts or parts of the districts of two or more District Health Authorities], but

(b) shall be treated as not having discharged that duty unless he secures that there is no part of the area of an Area Health Authority [F77 or of the district of a District Health Authority] which is not included in some Community Health Council’s district.

(3) The additional provisions of Schedule 7 to this Act have effect in relation to Community Health Councils.

Textual Amendments

F77 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 40

Co-operation and assistance E+W+S

21 Local social services authorities. E+W+S

(1) Subject to paragraphs (d) and (e) of section 3(1) above, the services described in Schedule 8 to this Act in relation to—

(a) care of mothers F78 . . .,

(b) prevention, care and after-care,

(c) home help and laundry facilities,

are functions exercisable by local social services authorities, and that Schedule has effect accordingly.

(2) A local social services authority who provide premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment—

(a) by any other local social services authority, or

(b) by any of the bodies constituted under this Act, or

(c) by a local education authority.

This permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.

(3) A local social services authority may provide (or improve or furnish) residential accommodation—

(a) for officers employed by them for the purposes of any of their functions as a local social services authority, or

(b) for officers employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 8.

Textual Amendments

F78 Words in s. 21(1)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C14 S. 21 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 54, 162(2), Sch. 3; S.I. 2002/2811, art. 2, Sch.

22 Co-operation between health authorities and local authorities. E+W+S

(1) In exercising their respective functions health authorities [F79 , Family Practitioner Committees] and local authorities shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.

(2) There shall be committees, to be called joint consultative committees, who shall [F80 bodies represented on them] on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities.

Table

1	2
Area Health Authority	Associated Authorities
An Area [F81 or District] Health Authority in a metropolitan county in England.	The local authority for each district wholly or partly in the area [F81 or district] of the Authority.
	[F82 Any Family Practitioner Committee whose locality is wholly or partly in the District Health Authority’s district.]
An Area [F81 or District] Health Authority in a non-metropolitan county in England, or an Area [F81 or District] Health Authority in Wales.	The local authority for each county, and also for each district, wholly or partly in the area [F81 or district] of the Authority. [F82 Any Family Practitioner Committee whose locality is wholly or partly in the District Health Authority’s district.]
An Area [F81 or District] Health Authority in Greater London.	The local authority for each London borough wholly or partly in the area [F81 or district] of the Authority.
	. . . F83
	Also the Common Council of the City of London, if in the area [F81 or district] of the Authority.
	[F82 Any Family Practitioner Committee whose locality is wholly or partly in the District Health Authority’s district.]

(3) Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Area [F81 or District] Health Authorities together with one or more of the authorities in column 2 of the Table above, and an Area [F81 or District] Health Authority shall be represented together with each of the authorities associated with that Authority in column 2 of the said Table in one or other of the committees (but not necessarily the same committee).

[F84 (3A) It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.]

(4) The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—

(a) provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;

(b) provide, where it appears to the Secretary of State appropriate, for an Area [F81 or District] Health Authority [F85 or a Family Practitioner Committee] to be represented on a joint consultative committee together with a local or other authority whose area is not within the area [F81 or district] of the Area [F81 or District] Health Authority [F86 or the locality of the Family Practitioner Committee];

(c) afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice;

(d) authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee;

(e) authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are [F87 neither—

(i) members of the authorities represented by the joint consultative committee; nor

(ii) appointed by virtue of an order under subsection (3A) above];

(f) require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved; and

(g) require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.

(5) Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.

[F88 (6) Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.]

Textual Amendments

F79 Words inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 3(a)

F80 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 3(b)

F81 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 41

F82 Para. inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 3(c)

F83 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1, 2), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F84 S. 22(3A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 12, Sch. 5 para. 2(a)

F85 Words inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 3(d)(i)

F86 Words inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 3(d)(ii)

F87 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41 SIF 113:3), s. 12, Sch. 5 para. 2(b)

F88 S. 22(6) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 12, Sch. 5 para. 2(c)

23 Voluntary organisations and other bodies. E+W+S

(1) The Secretary of State may, where he considers it appropriate, arrange with any person or body (including a voluntary organisation) for that person or body to provide, or assist in providing, any service under this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

(2) The Secretary of State may make available—

(a) to any person or body (including a voluntary organisation) carrying out any arrangements under subsection (1) above, or

(b) to any voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968 (assistance made available by the Secretary of State or local authorities),

any facilities (including goods or materials, or the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act; and, where anything is so made available, the services of persons employed by the Secretary of State or by a health authority in connection with it.

(3) The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State, and any goods or materials may be made available either temporarily or permanently.

(4) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, the Vehicles (Excise) Act 1971 and [F90 Part VI of the Road Traffic Act 1988] shall have effect with such modifications as are specified in the order.

(5) Any power to supply goods or materials conferred by this section includes a power to purchase and store them and includes a power to arrange with third parties for the supply of goods or materials by those third parties.

Textual Amendments

F89 Para. repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F90 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 18(1)

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91 E+W+S

Textual Amendments

F91 S. 24 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I

25 Supplies not readily obtainable. E+W+S

Where the Secretary of State has acquired—

(a) supplies of human blood for the purposes of any service under this Act, or

(b) any part of a human body for the purpose of, or in the course of providing, any such service, or

(c) supplies of any other substances or preparations not readily obtainable,

he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he thinks fit) to any person.

This section is subject to section 62 below (restriction of powers under [F92 section 25]).

Textual Amendments

F92 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 2

26 Supply of goods and services by Secretary of State. E+W+S

(1) The Secretary of State may—

(a) supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service;

(b) make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this act, and the services of persons employed by the Secretary of State or by a health authority;

(c) carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.

In this subsection—

• “maintenance work” includes minor renewals, minor improvements and minor extensions; and

• “public bodies” includes public bodies in Northern Ireland.

(2) The Secretary of State may supply or make available to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services such goods, materials or other facilities as may be prescribed.

(3) The Secretary of State shall make available to local authorities—

(a) any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under this Act,

(b) the services provided as part of the health service by any person employed by the Secretary of State or a health authority, and

(c) the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a health authority otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

[F93 (4) The Secretary of State may arrange to make available to local authorities the services of persons of the following descriptions, that is to say—

(a) persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, and

(b) persons providing health authorities with services of a kind provided as part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.]

Textual Amendments

F93 S. 26(4) added by Health Services Act 1980 (c. 53, SIF 113:2), s. 3(1)

27 Conditions of supply under s. 26. E+W+S

(1) It is the Secretary of State’s duty, before he makes the services of any officer of a health authority available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of section 26 above, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter, or to satisfy himself that the health authority has consulted the officer about the matter.

(2) The Secretary of State shall be entitled to disregard the provisions of subsection (1) above in a case where he considers it necessary to make the services of an officer available as mentioned in that subsection for the purpose of dealing temporarily with an emergency, and has previously consulted such a body about the making available of services in an emergency.

(3) For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of section 26 the Secretary of State may give such directions to health authorities to make the services of their officers available as he considers appropriate; and it shall be the health authority’s duty to comply with any such directions.

(4) The powers conferred by this section and section 26 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of section 26 as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

(5) The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of section 26 and is used in accordance with the terms on which it is so made available, the M7 Vehicles (Excise) Act 1971 and [F94 Part VI of the M8 Road Traffic Act 1988] shall have effect with such modifications as are specified in the order.

(6) Any power to supply goods or materials conferred by section 26 includes a power to purchase and store them, and a power to arrange with third parties for the supply of goods or materials by those third parties.

Textual Amendments

F94 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 18(2)

Marginal Citations

M7 1971 c. 10(107:2).

M8 1988 c. 52(107:1).

28 Supply of goods and services by local authorities. E+W+S

(1) In the M9 Local Authorities (Goods and Services) Act 1970 the expression “public body” includes any health authority and so far as relates to his functions under this Act includes the Secretary of State.

(2) The provisions of subsection (1) above have effect as if made by an order under section 1(5) of that Act of 1970, and accordingly may be varied or revoked by such an order.

(3) Every local authority shall make available to health authorities [F95 and NHS trusts] acting in the area of the local authority the services of persons employed by the local authority for the purposes of the local authority’s functions under the M10 Local Authorities Social Services Act 1970 so far as is reasonably necessary and practicable to enable health authorities [F95 and NHS trusts] to discharge their functions under this Act [F96 and the National Health Service and Community Care Act 1990].

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

Textual Amendments

F95 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 21

F96 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 21

F97 S. 28(4) repealed (retrospectively) by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 19, 25(2), Sch. 3

Marginal Citations

M9 1970 c. 39(81:4).

M10 1970 c. 42(81:3).

[F98 28A Power to make payments towards expenditure on community services. E+W+S

(1) This section applies to the following authorities—

(a) a District Health Authority; and

(b) a special health authority established for a London Post-Graduate Teaching Hospital.

(2) An authority to whom this section applies may, if they think fit, make payments—

(a) to a local social services authority towards expenditure incurred or to be incurred by them in connection with any function which, by virtue of section 2(1) or (2) of the M11 Local Authority Social Services Act 1970, is to be performed through their social services committee, other than functions under section 3 of the M12 Disabled Persons (Employment) Act 1958;

(b) to a district council, towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the M13 Residential Homes Act 1980 or Part II of Schedule 9 to the M14 Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);

(c) to an authority who are a local education authority for the purposes of the Education Acts 1944 to 1981, towards expenditure incurred or to be incurred by them in connection with their functions under those Acts, in so far as they perform those functions for the benefit of disabled persons;

[F99 (d) to a local housing authority within the meaning of the M15 Housing Act 1985, towards expenditure incurred or to be incurred by them in connection with their functions under Part II of that Act (provision of housing); and]

(e) to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—

[F100 (i) a registered housing association within the meaning of the M16 Housing Associations Act 1985;]

(ii) the Commission for the New Towns;

(iii) a new town development corporation;

(iv) an urban development corporation established under the M17 Local Government, Planning and Land Act 1980;

(v) the Housing Corporation; and

(vi) the Development Board for Rural Wales [F101 and

(vii) Housing for Wales.]

(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4) No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.

(5) The Secretary of State may by directions prescribe conditions relating to payments under this section.

(6) The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(7) Without prejudice to the generality of subsection (5) above, the power may be exercised—

(a) so as to make different provision for England and Wales and different provision for different districts in either; and

(b) so as to require, in such circumstances as may be specified,—

(i) repayment of the whole or any part of a payment under this section;

(ii) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8) No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—

(a) accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and

(b) conform with the conditions prescribed for payments of that description under subsection (5) above.

(9) Where expenditure which has been recommended by a joint consultative committee for a payment under this section is expenditure in connection with services to be provided by a voluntary organisation—

(a) the authority who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under subsection (2) above; and

(b) an authority of one of the descriptions specified in paragraph (a), (b), (c) or (d) of subsection (2) above and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,

but no payment shall be made under this subsection except subject to conditions—

(i) which conform with the conditions prescribed for payments of that description under subsection (5) above; and

(ii) which accord with the advice given by the joint consultative committee in recommending the expenditure for a payment under this section.]

Textual Amendments

F98 Ss. 28A, 28B substituted for s. 28A by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 1

F99 S. 28A(2)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(2)(a)

F100 S. 28A(2)(e)(i) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(2)(b)

F101 S. 28A(2)(e)(vii) and preceding word “and” added by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 102

Marginal Citations

M11 1970 c. 42(81:3).

M12 1958 c. 33(43:1).

M13 1980 c. 7.

M14 1983 c. 41(113:3).

M15 1985 c. 68(61).

M16 1985 c. 69(61).

M17 1980 c. 65(81:1, 2) (103:1, 2) (123:1, 2, 3, 4).

[F102 28B Power of Secretary of State to make payments towards expenditure on community services in Wales. E+W+S

(1) The Secretary of State may, if he thinks fit, make payments—

(a) to authorities in Wales of any of the descriptions mentioned in paragraphs (a), (b), (c) and (d) of sectopm 28A(2) above, for the purposes respectively mentioned in those paragraphs;

(b) to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation in Wales,—

[F103 (i) a registered housing association within the meaning of the M18 Housing Associations Act 1985;]

(ii) the Commission for the New Towns;

(iii) a new town development corporation;

(iv) an urban development corporation established under the M19 Local Government, Planning and Land Act 1980;

(v) [F104 Housing for Wales]; and

(vi) the Development Board for Rural Wales.

(2) The Secretary of State may, if he thinks fit, make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which he could make payments under subsection (1) above.

(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4) Conditions may be attached to a payment under this section.

(5) Without prejudice to the generality of subsection (4) above, the conditions that may be attached include conditions requiring, in such circumstances as may be specified,—

(a) repayment of the whole or any part of a payment under this section;

(b) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.]

Textual Amendments

F102 Ss. 28A, 28B substituted for s. 28A by Health and Social Services and Social Security Adjudications Act 1983 (c. 41,SIF 113:3), s. 1

F103 S. 28B(1)(b)(i) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(3)

F104 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 103

Marginal Citations

M18 1985 c. 69(61).

M19 1980 c. 53(113:2).

Valid from 01/11/1999

[F105 28BB Power of local authorities to make payments to NHS bodies. U.K.

(1) A local authority may, if they think fit, make payments to a relevant NHS body towards expenditure incurred or to be incurred by the body in connection with the performance by the body of prescribed functions of the NHS body.

(2) In this section—

• “prescribed” means prescribed to any extent by regulations made by the Secretary of State;

• “relevant NHS body” means a Health Authority or a Primary Care Trust.

(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4) The Secretary of State may by directions prescribe conditions relating to payments under this section.

(5) The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(6) Without prejudice to the generality of subsection (4) above, the power may be exercised—

(a) so as to make different provision for England and Wales and different provision for different areas in either; and

(b) so as to require, in such circumstances as may be specified—

(i) repayment of the whole or any part of a payment under this section; or

(ii) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(7) No payment shall be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (4) above.]

Textual Amendments

F105 S. 28BB inserted (1.4.2000 for E. and 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 30, 67(2); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/2991, art. 2(1), Sch. 1

Prospective

[F106 Provision of personal medical or dental services] E+W+S

Textual Amendments

F106 Cross-heading inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F107 28C Personal medical or dental services. E+W+S

(1) A [Strategic Health Authority or a] Health Authority may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 28E, under which—

(a) personal medical services are provided (otherwise than by the Authority); or

(b) personal dental services are provided (otherwise than by the Authority).

(2) An agreement made under this section—

(a) may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services [F108 , and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 28 of the Health and Social Care Act 2001]; but

(b) may include arrangements for the provision of services—

(i) which are not personal medical services or personal dental services; but

(ii) which may be provided under this Part.

(3) Except to such extent as may be prescribed—

(a) a patient for whom personal medical services are provided in accordance with an agreement made under this section is not to count as a person for whom arrangements must be made by the [Primary Care Trust or] Health Authority concerned under section 29;

(b) a patient for whom personal dental services are provided under an agreement made under this section is not to count as a person for whom arrangements must be made by the [Primary Care Trust or] Health Authority concerned under section 35.

(4) This Act (and in particular section 17) has effect, in relation to personal medical services or personal dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section [F109 16D]) of functions of his under this Part.

(5) The functions of a Health Authority in relation to an agreement made under this section are primary functions of the Authority for the purposes of the M20 National Health Service and Community Care Act 1990.

(6) Regulations may provide—

(a) for functions which are exercisable by a [Strategic Health Authority or a] Health Authority in relation to an agreement made under this section to be exercisable on behalf of the Authority by a Health Board; and

(b) for functions which are exercisable by a Health Board in relation to an agreement made under section 17C of the M21 National Health Service (Scotland) Act 1978 to be exercisable on behalf of the Board by a [Strategic Health Authority or a] Health Authority.

(7) For the purposes of this section—

• “personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part II; and

• “personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part II.

Textual Amendments

F107 SS. 28C-28D inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F108 Words in s. 28C(2)(a) inserted (1.7.2002 for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 11(4) (with ss. 64(9), 65(4))); S.I. 2002/1475, art. 2, Sch. Pt. 1

F109 Word in s. 28C(4) substituted (1.10.1999 for E. and 1.12.1999 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 15; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2

Marginal Citations

M20 1990 c. 19.

M21 1978 c. 29.

[F110 28D Persons with whom agreements may be made. E+W+S

(1) A [F111 Strategic Health Authority or a] Health Authority may make an agreement under section 28C only with one or more of the following—

(a) an NHS trust;

[F112 (b) a medical practitioner who meets the prescribed conditions;

(ba) a dental practitioner who meets the prescribed conditions;

(bb) a health care professional who meets the prescribed conditions;

(bc) an individual who is providing services—

(i) under a general medical services contract or general dental services contract;

(ii) in accordance with section 28C arrangements, section 17C arrangements or Article 15B arrangements; or

(iii) under section 19 or 25 of the 1978 Act or Article 56 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));

or has so provided them within such period as may be prescribed;]

(d) an NHS employee, a section 28C employee or a section 17C employee;

(e) a qualifying body.

[F113 (f) a Primary Care Trust]

[F114 (1A) The power under subsection (1) to make an agreement with a person falling within paragraph (bc) or (d) of that subsection is subject to such conditions as may be prescribed.]

(2) In this section—

• “the 1978 Act” means the M22 National Health Service (Scotland) Act 1978;

• “NHS employee” means an individual who, in connection with the provision of services in the health service in England and Wales or Scotland, is employed by—

  (a)

  an NHS trust;

  (b)

  in the case of an agreement under which personal medical services are provided—

  (i)

  a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1978 Act; or

  (ii)

  a medical practitioner who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;

  (c)

  in the case of an agreement under which personal dental services are provided—

  (i)

  a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a) of this Act or section 25(2)(a) of the 1978 Act; or

  (ii)

  a dental practitioner who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;

• “qualifying body” means—

  (a)

  a company which is limited by shares all of which are legally and beneficially owned by persons falling within [F115 paragraph (a), (b), (c), (d) or (f)] of subsection (1); and also

  (b)

  in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the M23 Dentists Act 1984, is entitled to carry on the business of dentistry;

• “qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;

• “qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;

• “section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act;

• “section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;

• “section 28C arrangements” means arrangements for the provision of services made under section 28C; and

• “section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.]

Textual Amendments

F110 SS. 28C-28D inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F111 Words in s. 28D(1) 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. 7(3); S.I. 2002/2478, art. 3(1)(c)

F112 S. 28D(1)(b)-(bc) substituted for s. 28D(1)(b) (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(2), 199(1)(4)

F113 S. 28D(1)(f) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(a); S.I. 1999/2540, art. 2(2)

F114 S. 28D(1A) inserted (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 177(3), 199(1)(4)

F115 S. 28D(2); words in para. (a) of the definition of “qualifiying body” substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 16(b); S.I. 1999/2540, art. 2(2)

Marginal Citations

M22 1978 c. 29.

M23 1984 c. 24.

Valid from 01/07/2002

[F116 28DA Lists of persons who may perform personal medical services or personal dental services E+W

(1) The Secretary of State may make regulations providing for the preparation and publication by each Health Authority of one or more lists of—

(a) medical practitioners who may perform personal medical services in accordance with section 28C arrangements,

(b) dental practitioners who may perform personal dental services in accordance with section 28C arrangements.

(2) Such a list is referred to in this section as a “services list”.

(3) The regulations may, in particular, include provision as to—

(a) the Health Authority to which an application for inclusion in a services list is to be made,

(b) the procedure for applying for inclusion, including any information to be supplied to the Health Authority (whether by the applicant or by arrangement with him),

(c) grounds on which the Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d) requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

(e) grounds on which a Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

(f) payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g) the supply to the Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h) circumstances in which a person included in a services list may not withdraw from it,

(i) criteria to be applied in making decisions under the regulations,

(j) appeals against decisions of Health Authorities under the regulations,

(k) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

(4) The regulations may, in particular, also provide for—

(a) a person’s inclusion in a services list to be subject to conditions determined by the Health Authority,

(b) the Health Authority to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition (including removal from the list), and

(d) the review by the Health Authority of their decisions made by virtue of regulations under this subsection.

(5) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to which the services list relates; or

(b) preventing any acts or omissions of the type described in section 49F(3)(a) below.

(6) Regulations may provide—

(a) that no person may perform personal medical services in accordance with section 28C arrangements unless he is included in a medical list, a supplementary list under section 43D or a services list,

(b) that no person may perform personal dental services in accordance with section 28C arrangements unless he is included in a list referred to in section 36(1)(a), a supplementary list under section 43D or a services list.

(7) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

(8) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a services list, they must include provision—

(a) requiring him to be given notice of any allegation against him;

(b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and

(c) requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal under subsection (9) or (10).

(9) If the regulations provide under subsection (3)(c) or (e) that a Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.

(10) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority’s decision—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove him from the services list for breach of condition,

(d) on any review of an earlier such decision of theirs.]

Textual Amendments

F116 S. 28DA inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 26(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2

[F117 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 [Strategic Health Authorities and] Health Authorities to withdraw from section 28C arrangements if they wish to do so;

(b) impose conditions (including conditions as to qualifications and experience) to be satisfied by medical practitioners performing personal medical services, and dental practitioners performing personal dental services, in accordance with section 28C arrangements.

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;

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

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

(f) prevent (except in such circumstances and to such extent as may be prescribed) a medical practitioner who performs personal medical services in accordance with section 28C arrangements from providing general medical services;

(g) make provision with respect to medical lists, including provision for preferential treatment for medical practitioners;

(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 M24 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;

(j) confer powers or impose duties on the Dental Practice Board in relation to agreements made by virtue of section 28C(1) under which personal dental services are provided;

(k) authorise [Strategic Health Authorities and] Health Authorities to make payments of financial assistance for prescribed categories of preparatory work undertaken—

(i) in connection with preparing proposals for section 28C arrangements; or

(ii) in preparation for the provision of services under proposed section 28C arrangements.

[F118 (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.]

(5) The Secretary of State must—

(a) consider whether section 28C arrangements are likely to have an adverse effect on the distribution of medical practitioners providing general medical services or performing personal medical services in England or in Wales;

(b) if he thinks that the arrangements are likely to have that effect, consider whether it is necessary to include in the regulations provisions designed to secure that, so far as is possible, the arrangements do not have that effect; and

(c) if he thinks that it is necessary, include such provisions in the regulations.

(6) Regulations which impose conditions on persons performing personal medical services or persons performing personal dental services (whether made by virtue of subsection (2)(b) or otherwise) may, in particular, include provision of a kind that may be made by regulations under section 32.

(7) Regulations made by virtue of subsection (3)(g) may, in particular, include provision—

(a) requiring (except in prescribed circumstances) [Primary Care Trusts and] Health Authorities to remove from their medical lists persons who are performing personal medical services in accordance with section 28C arrangements or corresponding services under section 17C of the M25 National Health Service (Scotland) Act 1978;

(b) conferring a right to transfer to a medical list on persons who have ceased to perform such services;

(c) that any provision in relation to medical lists made by or under any enactment is not to apply;

(d) as to conditions to be attached to entries in medical lists;

(e) conferring powers of disqualification on the [F119 Family Health Services Appeal Authority constituted under section 49S].

(8) The power to make provision under this section of the kind mentioned in subsection (3)(j) includes power—

(a) to authorise or require the Dental Practice Board to perform on behalf of a [Strategic Health Authority or] Health Authority functions of a prescribed description (including functions relating to remuneration) which have been delegated to the Board by the [Strategic Health Authority or] Health Authority in accordance with a power conferred by the regulations;

(b) to provide that functions conferred by the regulations are only to be exercised by the Board in accordance with directions of the Secretary of State;

(c) to require information for the purpose of performing any functions conferred or imposed on the Board under this section.]

Textual Amendments

F117 S. 28E inserted (prosp.) by 1997 c. 46, ss. 22(1), 41(3)

F118 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.

F119 Words in s. 28E(7)(e) substituted ((E.) 1.10.2001 for specified purposes otherwise 1.12.2001 and (W.) 26.8.2002) by 2001 c. 15, ss. 27(5)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to art. 4(2), Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. ll (subject to art. 3(2))

Marginal Citations

M24 1990 c. 19.

M25 1978 c. 29.

[F120 28EE Delegation of Health Authority functions relating to section 28C arrangements. E+W

(1) No commentary item could be found for this reference c18059541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State may by order make provision for any rights and liabilities arising under an agreement to provide personal medical services under section 28C above to be transferred from [Strategic Health Authorities] to Primary Care Trusts and from Primary Care Trusts to [Strategic Health Authorities] .

(3) Subsection (2) above is without prejudice to any other power of the Secretary of State to transfer rights and liabilities under this Act.]

Textual Amendments

F120 S. 28EE inserted (prosp.) by 1999 c. 8, ss. 6(2), 67(2)

Valid from 01/04/1998

[F121 28F Right to choose medical practitioner. E+W+S

(1) Provision shall be made in regulations for conferring a right on any person to choose the medical practitioner from whom he is to receive primary medical services, subject to—

(a) the consent of the practitioner concerned; and

(b) any limit on the number of patients to be accepted by any practitioner.

(2) In particular, the regulations—

(a) shall prescribe the procedure for choosing a practitioner;

(b) may prescribe a limit on the number of patients to be accepted by a medical practitioner who undertakes to provide general medical services under Part II; and

(c) shall provide for the distribution among medical practitioners of persons who have indicated a wish to obtain primary medical services but—

(i) have been refused by the medical practitioner of their choice; or

(ii) have not chosen a medical practitioner.

(3) The Secretary of State may give directions imposing a limit on the number of patients to be accepted by a medical practitioner who performs personal medical services in accordance with section 28C arrangements.

(4) Any such directions may make different provision for different cases or descriptions of case.

(5) Regulations under this section may also provide that the right to choose a medical practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

(6) In this section “primary medical services” means medical services which are—

(a) provided, in accordance with section 28C arrangements, as personal medical services; or

(b) provided under Part II as general medical services.]

Textual Amendments

F121 S. 28F inserted (1.4.1998) by 1997 c. 46, s. 23(1); S.I. 1997/631, art. 2(1)(a), Sch. 1 (subject to arts. 3-5)

Valid from 01/10/1998

[F122 28G Right to choose dental practitioner. E+W+S

(1) Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.

(2) The regulations shall, in particular, prescribe the procedure for choosing a practitioner.

(3) The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

(4) In this section “primary dental services” means dental services which are—

(a) provided, in accordance with section 28C arrangements, as personal dental services; or

(b) provided under Part II as general dental services.]

Textual Amendments

F122 S. 28G inserted (1.10.1998) by 1997 c. 46, s. 24(1); S.I. 1998/1998, art. 2(2)(a), Sch. 1

Valid from 01/04/1998

[F123 28H Immunisation. E+W+S

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 28C arrangements an opportunity to participate in the arrangements for vaccination or immunisation.]

Textual Amendments

F123 S. 28H inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 6; S.I. 1998/631, art. 2(1), Schs. 1, 2 (subject to arts. 3-5)

Valid from 01/04/1998

[F124 28I Use of accommodation. E+W+S

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.]

Textual Amendments

F124 S. 28I inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 7; S.I. 1998/631, art. 2(1), Schs. 1, 2 (subject to arts. 3-5)

[F125 28J Local pharmaceutical services schemes E+W

(1) Schedule 8A makes provision with respect to the provision of local pharmaceutical services in accordance with schemes made by [Primary Care Trusts and] Health Authorities.]

Textual Amendments

F125 S. 28J inserted (prosp.) by 2001 c. 15, ss. 40(1), 70(2) (with ss. 64(9), 65(4))

Part II E+W+S General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Modifications etc. (not altering text)

C15 Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C16 Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C17 Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

General medical services E+W+S

29 Arrangements and regulations for general medical services. E+W+S

[F126 (1) It is the duty of every Family Practitioner Committee, in accordance with regulations, to arrange as respects their locality with medical practitioners to provide personal medical services for all persons in the locality who wish to take advantage of the arrangements.

(1A) The services so provided are referred to in this Act as “general medical services”.]

(2) Regulations may provide for the definition of the personal medical services to be provided and for securing that the arrangements will be such that all persons availing themselves of those services will receive adequate personal care and attendance, and the regulations shall include provision—

(a) for the preparation and publication of lists of medical practitioners who undertake to provide general medical services;

(b) for conferring a right on any person to choose, in accordance with the prescribed procedure, the medical practitioner by whom he is to be attended, subject to the consent of the practitioner so chosen and to any prescribed limit on the number of patients to be accepted by any practitioner;

(c) for the distribution among medical practitioners whose names are on the lists of any persons who have indicated a wish to obtain general medical services but who have not made any choice of medical practitioner or have been refused by the practitioner chosen;

(d) for the issue to patients or their personal representatives by medical practitioners providing those services of such certificates as may be prescribed being certificates reasonably required by them under or for the purposes of any enactment;

(e) for the removal from the list of medical practitioners undertaking to provide general medical services for persons in any [F127 locality] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general medical services for persons in that [F127 locality].

[F128 (f) for the making of arrangements for the temporary provision of general medical services [F129 in the locality of a Family Practitioner Committee];

(g) for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.]

(3) Regulations under subsection (2) above may provide for the personal medical services there mentioned to include the provision of, and services connected with, any such advice, examination and treatment as are mentioned in paragraph (b) of section 5(1) above.

[F130 (4) The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall not, except in special circumstances, consist wholly or mainly of a fixed salary which has no reference to the number of patients for whom he has undertaken to provide such services.]

[F131 (5) Regulations shall—

(a) include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and

(b) provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.]

[F132 (6) The persons with whom arrangements for the temporary provision of general medical services in a [F133 locality] may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in the [F133 locality], and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.

(7) Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a) to the making of arrangements for the temporary provision of general medical services; and

(b) to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

(8) Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a) by a direction of the Health Committee of the General Medical Council under [F134 section 37(1) or (2) of the M26 Medical Act 1983] (unfitness to practice by reason of physical or mental condition);

(b) by an order of that Committee under [F134 section 38(1)] of that Act (order for immediate suspension); or

(c) by an interim order of the Preliminary Proceedings Committee of the Council under [F134 section 42(3)(b)] of that Act,

the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services in person during the suspension.]

Textual Amendments

F126 S. 29(1)(1A) substituted for s. 29(1) by S.I. 1985/39, art. 7(3)(a)

F127 Word substituted by S.I. 1985/39, art. 7(3)(b)(i)

F128 S. 29(2)(f)(g) added by Health and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 2(1)

F129 Words added by S.I. 1985/39, art. 7(3)(b)(ii)

F130 S. 29(4) ceased to have effect (prosp.) by National Health Service Act 1966 (c. 8, SIF 113:2), s. 10(3), (as substituted (29.8.1977) by Sch. 15 para. 37(b) of this Act)

F131 S. 29(5) added by Health Services Act 1980 (c. 53, SIF 113:2), s. 7

F132 S. 29(6)–(8) inserted by Health and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 14, Sch. 6 para. 2(2)

F133 Word substituted by S.I. 1985/39, art. 7(3)(c)

F134 Words substituted by Medical Act 1983 (c. 54, SIF 83:1), s. 56(1), Sch. 5 para. 16(a)

Modifications etc. (not altering text)

C18 S. 29 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)

C19 S. 29(4) modified by S.I. 1974/160, reg. 19(16)(a) (as substituted by S.I. 1985/1053, reg. 3(5)

Marginal Citations

M26 1983 c. 54(83:1).

Prospective

[F135 29A Medical lists. E+W+S

(1) A Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the Authority’s area unless his name is included in the Authority’s medical list.

(2) A medical practitioner is entitled to be included in a Health Authority’s medical list only if—

(a) he is eligible for inclusion in the list; and

(b) he is nominated or approved, in accordance with regulations under section 29B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the Authority.

(3) [F136 Subject to any provision made under section 43C] a medical practitioner is eligible for inclusion in a medical list if—

(a) he has not attained the age specified in regulations under section 8 of the M27 Health and Medicines Act 1988 (retirement age for practitioners); and

(b) he is not disqualified, or treated as [F137 disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal]or any corresponding tribunal in Scotland or Northern Ireland.

(4) Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.

[F138 (4A) Regulations may make provision in relation to the supply to a Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him), of—

(a) information of a prescribed description; and

(b) a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

(5) This section is subject to section 29(6) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.

(6) In this Act “medical list”, in relation to a Health Authority, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the Authority under regulations made under section 29(2)(a).]

Textual Amendments

F135 S. 29A inserted (10.12.1998) by 1997 c. 46, s. 32(1); S.I. 1998/2840, art. 2(3), Sch.

F136 Words in s. 29A inserted (1.4.2000) by 1999 c. 8, ss. 9(2), 67; S.I. 1999/2793, art. 2 (3)(b); S.I. 2000/1041, art. 2(a)

F137 Words in s. 29A(3)(b) substituted (prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 17 (which substitution repealed (prosp.) by 2001 c. 15, ss. 67(2), 70(2), sch. 6 Pt. I) (with ss. 64(9), 65(4))

F138 S. 29A(4A) inserted (22.11.2001 for certain purposes (E.) 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) (E.) and otherwise prosp.) by 2001 c. 15, ss. 20(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)

C20 S. 29A(2)(b) excluded (1.4.1998: subject to transitional provisions) by 1997 c. 46, s. 13(9), Sch. 1 para. 2(2); S.I. 1998/631, art. 2(1)(a), Sch. 1

Marginal Citations

M27 1988 c. 49.

Valid from 10/12/1998

[F139 29B Vacancies for medical practitioners. E+W+S

(1) Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.

(2) The regulations may, in particular, include provision for—

(a) references by a Health Authority to the Medical Practices Committee as to whether there is, or will be, a vacancy for a medical practitioner in a locality;

(b) the determination of such references by the Medical Practices Committee;

(c) the determination by the Medical Practices Committee of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;

(d) the determination by a Health Authority of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;

(e) the nomination by a Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;

(f) the approval by a Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.

(3) The regulations may also make provision in relation to—

(a) criteria to be applied in making decisions under the regulations,

(b) the variation or revocation of such decisions (including appeals to the Secretary of State on points of law), or

(c) vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or a Health Board,

and may contain such transitional provisions as the Secretary of State considers appropriate.

(4) Regulations which make provision about vacancies which relate partly to the area of a Health Board may, in particular, provide that section 29A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 19B of the M28 National Health Service (Scotland) Act 1978.

(5) In this section—

• “conditions of practice” means conditions—

  (a)

  specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and

  (b)

  specifying the locality in which a person is entitled to provide general medical services;

• “Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;

• “locality”, in relation to a Health Authority, means the Authority’s area or a particular part of their area; and

• “sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.

(6) This section does not affect the power to make regulations under section 29.]

Textual Amendments

F139 S. 29B inserted (10.12.1998) by 1997 c. 46, s. 32(1); S.I. 1998/2840, art. 2(3), Sch.

Marginal Citations

M28 1978 c. 29.

30 Applications to provide general medical services. E+W+S

(1) [F140 Subject to subsection (1A) below] all applications made [F141 by medical practitioners in the prescribed manner to a Family Practitioner Committee for inclusion in a list kept by that Committee of the names of medical practitioners undertaking to provide general medical services for persons in the Committee’s locality shall be referred by the Committee] to the Medical Practices Committee and . . . F142 any medical practitioner whose application is granted by that Committee shall [F143 subject to the provisions of this Part of this Act relating to disqualification of practitioners] be entitled to the inclusion of his name in the list.

[F144 (1A) No medical practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his application for the inclusion of his name in the list kept by any Family Practitioner Committee referred to the Medical Practices Committee unless he satisfies the Family Practitioner Committee that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the Committee’s locality; and where a Family Practitioner Committee is not so satisfied with respect to any applicant the Family Practitioner Committee shall not refer his application to the Medical Practices Committee.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

Textual Amendments

F140 Words inserted by S.I. 1981/432, art. 3(1)(a)

F141 Words substituted by S.I. 1985/39, art. 7(4)

F142 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F143 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 43(a)

F144 S. 30(1A) inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 4

F145 Ss. 6(1)(2)(6)(7), 30(2), 59, 60, 67–71, 73–76, Sch. 4 para. 1, Sch. 15 paras. 11, 41, 68—70 repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

Modifications etc. (not altering text)

C21 S. 30(1A) modified by S.I. 1987/160, reg. 19(16)(b) (as substituted by S.I. 1985/1053, reg. 3(5)

31 Requirement of suitable experience. E+W+S

(1) Where the Secretary of State so prescribes, and after a day so prescribed—

(a) the Medical Practices Committee shall refuse any application under section 30 above if the medical practitioner is not suitably experienced; and

[F146 (b) a Family Practitioner Committee shall not arrange under section 29 above with a medical practitioner for him to provide general medical services for persons in the Committee’s locality unless the Medical Practices Committee have granted an application by him for the inclusion of his name in the list kept by the Family Practitioner Committee of medical practitioners undertaking to provide general medical services for persons in their locality.]

(2) For the purposes of this section a medical practitioner is “suitably experienced” if, but only if, he either—

(a) has acquired the prescribed medical experience, or

(b) is by virtue of regulations made under section 32 below exempt from the need to have acquired that experience, and “medical experience” includes hospital experience in any specialty.

Textual Amendments

F146 S. 31(1)(b) substituted by S.I. 1985/39, art. 7(5)

32 Regulations as to s. 31. E+W+S

(1) Regulations may for the purposes of section 31 above provide—

(a) for prescribing the medical experience needed to satisfy paragraph (a) of section 31(2);

(b) as to the documents which an applicant may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind;

(c) for requiring an applicant who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience”) to that effect;

(d) for enabling an applicant without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the applicant’s medical experience is so equivalent, to issue him a certificate (a “certificate of equivalent experience”) to that effect;

(e) for treating an applicant who holds a certificate of equivalent experience as satisfying paragraph (a) of section 31(2);

(f) as to the circumstances or conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience;

(g) for conferring on an applicant who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Secretary of State, and for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right;

(h) for anything authorised or required by section 31 to be prescribed or otherwise provided for by regulations.

In this section—

• “applicant” means a medical practitioner who has made or proposes to make an application to which paragraph (a) of section 31(1) applies;

• “the prescribed experience” means the medical experience for the time being prescribed for the purposes of paragraph (a) of section 31(2).

(2) Regulations under this section shall be framed so as to allow the prescribed experience to be acquired without undertaking whole-time employment.

(3) Any power under this section to make regulations—

(a) may be exercised so as to make different provision for different [F147 localities] or different periods of time or in relation to different cases or different circumstances;

(b) includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.

Textual Amendments

F147 Word substituted by S.I. 1985/39, art. 7(6)

33 Distribution of general medical services. E+W+S

[F148 (1) The Medical Practices Committee may refuse any applications under section 30 above on the grounds that the number of medical practitioners undertaking to provide general medical services in the locality of the Family Practitioner Committee concerned or in the relevant part of that locality is already adequate.]

[F149 (1A) The Secretary of State may by order specify—

(a) the maximum number of medical practitioners with whom, in any year, all the Family Health Services Authorities for localities in England, taken as a whole, may enter into arrangements under section 29 above for the provision of general medical services; and

(b) the maximum number of medical practitioners with whom, in any year, all the Family Health Services Authorities for localities in Wales, taken as a whole, may enter into such arrangements.

(1B) An order under subsection (1A) above may contain such incidental and consequential provisions (including provisions amending this Part of this Act) as appear to the Secretary of State to be appropriate including, in particular, provisions as to the basis on which the Medical Practices Committee are to refuse applications under section 30 above in order to secure that any maximum number specified in the order is not exceeded.]

(2) [F150 Subject to subsection (2A) below] if in the opinion of the Medical Practices Committee additional practitioners are required for any [F151 locality or part of a locality], but the number of applications exceeds the number required, the Committee shall select the persons whose applications are to be granted and shall refuse the other applications.

[F152 (2A) If, in the opinion of the Medical Practices Committee, a medical practitioner is required for a particular part of the locality of a Family Health Services Authority, then, in such circumstances as may be prescribed,—

(a) the Authority (instead of the Committee) shall, in accordance with regulations, select the medical practitioner whose application they wish to be considered by the Committee; and

(b) the Committee shall not consider any application from a medical practitioner who is not so selected; and

(c) any medical practitioner who has made an application but is not so selected may appeal to the Secretary of State on a point of law;

and if the Secretary of State allows an appeal under paragraph (c) above he shall remit the application to the Authority for reconsideration.]

[F153 (3) Before selecting any persons under subsection (2) above the Medical Practices Committee shall consult the Family Practitioner Committee concerned, and the Family Practitioner Committee shall, if a Local Medical Committee has been formed for their locality and recognised under section 44 below, consult that Local Medical Committee before expressing their views on the persons to be selected.

(4) Except as provided in subsections (1) to (3) above or as required by section 31 above, the Medical Practices Committee shall not refuse any application under section 30, but

[F154 (a) in granting an application shall specify, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which the applicant will be entitled to be remunerated; and]

[F154 (b)] may grant an application subject to conditions excluding the provision of general medical services by the applicant in such part or parts of the Family Practitioner Committee’s locality as the Medical Practices Committee may specify][F155 and an order under subsection (1A) above may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (a) above].

(5) A medical practitioner who has made an application under section 30 which has been refused [F156 by the Medical Practices Committee] or has been granted [F156 by that Committee] subject to [F157 conditions under paragraph (a) or paragraph (b) of subsection (4) above] may appeal to the Secretary of State; [F158 on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration].

[F158 This subsection does not apply where an application has been refused under paragraph (a) of section 31(1)][F158 or under section 8 of the Health and Medicines Act 1988 (persons over retiring age)].

(6) Where the Medical Practices Committee select persons from a number of applicants, the persons selected shall not be included in the list in question during the period for bringing an appeal to the Secretary of State or pending the determination of any such appeal.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

(8) [F160 In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) above applies, the Family Health Services Authority shall]—

(a) have regard to any desire expressed by any applicant to practise with other medical practitioners already providing general medical services in the [F161 locality concerned or part of it] and of any desire expressed by such other practitioners to take any applicant into practice with them;

(b) have special regard to such matters in cases where an applicant is related to any other such practitioner.

Textual Amendments

F148 S. 33(1) substituted by S.I. 1985/39, art. 7(7)(a)

F149 S. 33(1A)(1B) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(1)

F150 Words inserted (subject to transitional provisions in S.I. 1990/2511, art. 4(1)) (E.W.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(2)

F151 Words substituted by S.I. 1985/39, art. 7(7)(b)

F152 S. 33(2A) inserted (subject to transitional provisions in S.I. 1990/2511, art. 4(1)) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(2)

F153 S. 33(3)(4) substituted by S.I. 1985/39, art. 7(7)(c)

F154 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(3)

F155 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(3)

F156 Words inserted by S.I. 1981/432, art. 3(2)

F157 Words substituted (subject to transitional provisions in S.I. 1990/2511, art. 4(2)(3) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(4)

F158 Words from “on a point of law” to “reconsideration” substituted for the words following “Secretary of State” up to “retiring age)” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), S. 23(4) (the substitution being in force 1.1.1991 by S.I. 1990/1329, art. 2(7)(c) as amended by S.I. 1990/2511, art. 2(b), by virtue of which art. 2(b) section 23(4) is excepted from the coming into force on 1.1.1991 so far as it repeals the second paragraph of s. 33(5) of the 1977 Act) (subject to transitional provisions in S.I. 1990/2511, art. 4(2)(3) ). New words were added at the end of the second paragraph of s. 33(5) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 3

F159 S. 33(7) repealed (subject to transitional provisions in S.I. 1990/2511, art. 4(2) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 23(5), 66(2), Sch. 10

F160 Words substituted (subject to transitional provisions in S.I. 1990/2511, art. 4(2) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(6)

F161 Words substituted by S.I. 1985/39, art. 7(7)(d)

Modifications etc. (not altering text)

C22 S. 33(2A) applied by S.I. 1974/160, reg. 10A (as substituted by S.I. 1990/2513, reg. 6)

C23 S. 33(2A) extended (1.4.1992) by S.I. 1992/635, reg. 13(1).

34 Regulations for Medical Practices Committee. E+W+S

Regulations may make provisions for conferring or imposing on the Medical Practices Committee such additional functions in relation to arrangements for the provision of general medical services as may be prescribed; and regulations shall provide—

[F162 (a) for requiring Family Practitioner Committees to make to the Medical Practices Committee, at such times and in such manner as may be prescribed, reports as to—

(i) the number of medical practitioners required to meet the reasonable needs of their localities and the different parts of those localities;]

(ii) the occurrence of any vacancies on the lists of medical practitioners kept by them under this Part of this Act; and

(iii) the need for filling such vacancies; and

(b) for prescribing the procedure for—

(i) the determination of applications by the Medical Practices Committee;

(ii) the making and determination of appeals to the Secretary of State under section 33 above [F163 and where such an appeal is allowed, the reconsideration of any application]; and

[F164 (iii) requiring Family Practitioner Committees and applicants to be informed of the decisions of the Medical Practices Committee and the Secretary of State.]

[F165 (2) Regulations under this section may make provision for, and in connection with, the variation of any condition imposed under subsection (4) or subsection (5) of section 33 above, including provision for appeals to the Secretary of State on a point of law]

Textual Amendments

F162 Words substituted by S.I. 1985/39, art. 7(8)(a)

F163 Words inserted (subject to transitional provisions in S.I. 1990/2511, art. 4(2) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(7)(a)

F164 S. 34(b)(iii) substituted by S.I. 1985/39, art. 7(8)(b)

F165 S. 34(2) added (subject to transitional provisions in S.I. 1990/2511, art 4(2) ) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(7)(b)

General dental services E+W+S

35 Arrangements for general dental services. E+W+S

[F166 (1) It is the duty of every Family Practitioner Committee, in accordance with regulations, to make as respects their locality arrangements with dental practitioners under which any person in the locality for whom a dental practitioner undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances.

(1A) The services so provided are referred to in this Act as general dental services.]

(2) The remuneration to be paid under such arrangements to a dental practitioner who provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary unless either—

(a) the remuneration is paid in pursuance of arrangements made under section 56 below, or

(b) the services are provided in prescribed circumstances and the practitioner consents,

and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.

[F167 (3) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under [F168 section 32 of the M29 Dentists Act 1984] (interim suspension); or

(b) by a direction or [F169 an order of the Health Committee under] that Act (health cases),

the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.

(4) Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.]

Textual Amendments

F166 S. 34(1)(1A) substituted for s. 34(1) by S.I. 1985/39, art. 7(9)

F167 S. 35(3)(4) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 15(a)

F168 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(a)

F169 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 8(b)

Marginal Citations

M29 1984 c. 24(83:1).

36 Regulations as to s. 35. E+W+S

[F170 (1)] Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

(a) for the preparation and publication of lists of dental practitioners who undertake to provide general dental services;

(b) for conferring a right, subject to [F171 [F172 subsections (2) and (3)] below and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F173 and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner, who wishes to be included in any such list, to be so included;

(c) for conferring on any person a right to choose, in accordance with the prescribed procedure, the dental practitioner from whom he is to receive general dental services, subject to the consent of the practitioner so chosen;

(d) for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any [F174 locality] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general dental services for persons in that [F174 locality].

[F175 (2) No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any Family Practitioner Committee unless he satisfies the Committee that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the Committee’s locality.]

[F176 (3) Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (1) above subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner on such a list as is referred to in paragraph (a) of that subsection.]

Textual Amendments

F170 S. 36 renumbered s. 36(1) by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(1)

F171 Words inserted by S.I. 1981/432, art. 3(3)(a)

F172 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 24(2)

F173 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 4

F174 Word substituted by S.I. 1985/39, art. 7(10)

F175 S. 36(2) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 5(2)

F176 S. 36(3) added by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 24(3)

Modifications etc. (not altering text)

C24 S. 36 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)

37 Dental Estimates Board. E+W+S

[F177 (1)] Regulations providing as to the arrangements to be made under section 35 above shall include provision—

(a) for constituting a Board, to be called the Dental Estimates Board, of whom the chairman and a majority of the members shall be dental practitioners, for the purpose of carrying out such duties as may be prescribed with respect to . . . F178 dental treatment and appliances, and to the remuneration of dental practitioners providing general dental services;

(b) for providing in relation to that Board for any of the matters for which, in relation to an Area [F179 or District] Health Authority, provision is or may be made by or under Part III of Schedule 5 to this Act.

[F180 (1A) Regulations may empower the Dental Practice Board—

(a) to direct a dental practitioner to submit to the Board, in relation to treatment which he has carried out or contemplates carrying out or to a description of such treatment specified in the direction, such estimates and information and such radiographs, models or other items as may be prescribed; and

(b) to direct a dental practitioner not to carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board.

(1B) If regulations include any such provision as is mentioned in subsection (1A)(b) above, regulations shall confer on a dental practitioner in whose case a direction such as is mentioned in that pargraph has been given a right of appeal against the direction to a prescribed person or body, but before making regulations conferring such a right the Secretary of State shall consult such organisations as appear to him to be representative of persons providing general dental services.

(1C) Regulations may be made authorising or requiring the Dental Practice Board to carry on any such additional activity relating to the provision of general dental services as may be prescribed and, without prejudice to the generality of this subsection, to conduct or commission surveys or other research relating to the provision of such services.]

Textual Amendments

F177 S. 37 renumbered as s. 37(1) by Health and Medicines Act 1988 (c.49, SIF 113:2), s. 12(2)

F178 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F179 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 50

F180 S. 37(1A)—(1C) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 12(3)

General ophthalmic services E+W+S

38 Arrangements for general ophthalmic services. E+W+S

[F181 (1)] [F182 It is the duty of every Family Practitioner Committee, in accordance with regulations, to arrange as respects their locality] with medical practitioners having the prescribed qualifications, [F183 and ophthalmic opticians for securing the testing][F184 by them of the sight—

(a) of a child;

(b) of a person whose resources fall to be treated under the regulations as being less than his requirements or as being equal to his requirements; or

(c) of a person of such other description as may be prescribed.

(2) In this section—

• “child” means—

(a) a person who is under the age of 16 years; or

(b) a person who is under the age of 19 years and receiving qualifying full-time education; and

• “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purpose of this definition—

(a) “recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and

(b) regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

(3) Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall be calculated—

(a) by a method set out in the regulations;

(b) by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

(c) by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

(d) by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

(4) Descriptions of persons may be prescribed for the purposes of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

(a) their age;

(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

(d) their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit; and

(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits.

(5) Regulations which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—

(a) as it has effect at the time when the regulations are made; or

(b) both as it has effect at that time and as amended subsequently.

(6) Regulations may provide that a person—

(a) whose sight is tested by a person who provides general ophthalmic services; and

(b) who is shown during the testing or within a prescribed time after it to fall within subsection (1) above,

shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested; and the testing shall be treated—

(i) for the purposes of any arrangements under this section;

(ii) for the purposes of remuneration in respect of the testing; and

(iii) for any such other purpose as may be prescribed,

as a testing of sight under this Act.

(7) Regulations shall define the services for the provision of which arrangements under this section are to be made and the services so defined are in this Act referred to as “general ophthalmic services”.]

Textual Amendments

F181 The first paragraph of s. 38 renumbered as s. 38(1) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(1)

F182 Words substituted by S.I. 1985/39, art. 7(11)

F183 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(3)

F184 S. 38(1)(a)–(7) and the words “by them of the sight—” substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(1)

39 Regulations as to s. 38. E+W+S

Regulations may provide as to the arrangements to be made under section 38 above, and shall include provision—

(a) for the preparation and publication of lists of medical practitioners, [F185 and ophthalmic] opticians, respectively, who undertake to provide general ophthalmic services;

(b) for conferring a right, subject to the provisions of this [F186 Part of this] Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, [F187 or ophthalmic] optician who wishes to be included in the appropriate list, to be so included;

(c) for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested, or from whom any prescription for the supply of optical appliances is to be obtained . . . F188 ;

(d) for the removal from the list of medical practitioners, [F189 or ophthalmic] opticians undertaking to provide general ophthalmic services for persons in any [F190 locality] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general ophthalmic services for persons in that [F190 locality].

Textual Amendments

F185 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 Pt. I para. 1(a)

F186 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 52

F187 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 Pt. I para. 1(b)

F188 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 1(4), 24, Sch. 8 Pt. I

F189 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 Pt. I para. 1(c)

F190 Word substituted by S.I. 1985/39, art. 7(12)

Modifications etc. (not altering text)

C25 S. 39 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)

40 Medical practitioners with qualifications prescribed under s. 38. E+W+S

The power conferred by section 38 above (in relation to general ophthalmic services) to prescribe the qualifications to be possessed by any medical practitioner includes a power—

(a) to prescribe a requirement that the practitioner shall show to the satisfaction of a committee recognised by the Secretary of State for the purpose that he possesses such qualifications, including qualifications as to experience, as may be mentioned in the regulations; and

(b) to confer on a person who is dissatisfied with the determination of such a committee, a right of appeal to a committee appointed by the Secretary of State, and to provide for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right.

Pharmaceutical services E+W+S

41 Arrangements for pharmaceutical services. E+W+S

[F191 It is the duty of every Family Practitioner Committee, in accordance with regulations, to arrange as respects their locality for the [F192 provision to persons who are in that locality of]]

(a) proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony; . . . F193

[F194 (b) proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by [F195 a health authority][F196 or an NHS trust] of dental services; . . . F197

(c) listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services.][F198 and

(d) such other services as may be prescribed.]

The services so provided are in this Act referred to as “pharmaceutical services”.

In this section—

• “listed” means included in a list for the time being approved by the Secretary for the purposes of this section; and

• “the Scottish health service” and “the Northern Ireland health service” mean respectively the health service established in pursuance of section 1 of the M30 National Health Service (Scotland) Act 1947 or any service provided in pursuance of Article 4(a) of the M31 Health and Personal Social Services (Northern Ireland) Order 1972.

Textual Amendments

F191 Words substituted by S.I. 1985/39, art. 7(13)(a)

F192 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(1)(a)

F193 Word repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F194 S. 41(b)(c) substituted for s. 41(b) by Health Services Act 1980 (c. 53, SIF 113:2), s. 20(1)

F195 Words substituted by S.I. 1985/39, art. 7(13)(b)

F196 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(1)(b)

F197 Word repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 18(1)(b), Sch. 10

F198 S. 41(d) and the word “and” directly preceding it inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(c)

Marginal Citations

M30 1947 c. 27.

M31 1972 S.I. 1972/1265 (N.I. 14).

Valid from 15/08/1997

[F199 41A Arrangements for providing additional pharmaceutical services. E+W+S

(1) The Secretary of State may—

(a) give directions to a Health Authority requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or

(b) by giving directions to a Health Authority authorise them to arrange for such provision if they wish to do so.

(2) Directions under this section may make different provision in relation to different services specified in the directions.

(3) The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.

(4) In this section—

• “additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 41) as may be specified in the directions; and

• “Drug Tariff” means the Drug Tariff published under regulation 18 of the M32 National Health Service (Pharmaceutical Services) Regulations 1992 or under any corresponding provision replacing, or otherwise derived from, that regulation.]

Textual Amendments

F199 S. 41A inserted (15.8.1997) by 1997 c. 46, s. 27(1); S.I. 1997/1780, art. 2, Sch.

Marginal Citations

M32 S.I. 1992/662.

Valid from 15/08/1997

[F200 41B Terms and conditions etc. E+W+S

(1) Directions under section 41A may require the Health Authority to whom they apply, when making arrangements—

(a) to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;

(b) to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

(2) The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.

(3) Different arrangements may be made with respect to—

(a) the provision of the same service by the same person but in different circumstances; or

(b) the provision of the same service by different persons.

(4) A Health Authority must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.

(5) After making any arrangements, a Health Authority must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.

(6) In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—

(a) published by the Health Authority concerned, or by any other Health Authority, in accordance with regulations made under section 42(2)(a) of this Act; or

(b) published by any body in accordance with regulations made under section 27(2)(a) of the M33 National Health Service (Scotland) Act 1978 or Article 63(2A)(a) of the M34 Health and Personal Social Services (Northern Ireland) Order 1972.]

Textual Amendments

F200 S. 41B inserted (15.8.1997) by 1997 c. 46, s. 28(1); S.I. 1997/1780, art. 2, Sch.

Marginal Citations

M33 1978 c. 29.

M34 S.I. 1972/1265 (N.I.14).

[F201 42 Regulations as to pharmaceutical services. E+W+S

(1) Regulations shall provide for securing that arrangements made by a Family Practitioner Committee under section 41 above will enable persons in the Committee’s locality for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made.

(2) The regulations shall include provision—

(a) for the preparation and publication by a Committee of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Committee’s locality;

(b) that an application to a Committee for inclusion in such a list shall be made in the prescribed manner and shall state—

(i) the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and

(ii) the premises from which he will undertake to provide those services;

(c) that, except in prescribed cases—

(i) an application for inclusion in such a list by a person not already included; and

(ii) an application by a person already included in such a list for inclusion also in respect of services or premises other than those already listed in relation to him,

shall be granted only if the Committee is satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the services, or some of the services, specified in the application; and

(d) for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—

(i) has never provided from those premises; or

(ii) has ceased to provide from them, the services, or any of the services, which he is listed as undertaken to provide from them.

(3) The regulations may include provision—

(a) that an application to a Committee may be granted in respect of some only of the services specified in it;

(b) that an application to a Committee relating to services of a prescribed description shall be granted only if it appears to the Committee that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;

[F202 (ba) that an application to a Committee by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Committee that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Committee’s locality.]

(c) that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

(d) that, where the premises from which an application states that the applicant will undertake to provide services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by [F203 reference to prescribed criteria by the Family Health Services Authority in whose locality those premises are situated; and]

(e) that [F204 that Family Health Services Authority] may give its approval subject to conditions.

(4) The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of this section.

(5) The regulations shall be so framed as to preclude—

(a) a person included in a list published under subsection (2)(a) above ;and (b) an employee of such a person; from taking part in the decision whether an application such as is mentioned in subsection (2)(c) above should be granted or an appeal against such a decision brought by virtue of subsection (4) above should be allowed.]

Textual Amendments

F201 S. 42 substituted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3

F202 S. 42(3)(ba) inserted by S.I. 1987/2202, art. 4

F203 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(3)(a)

F204 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(3)(b)

Modifications etc. (not altering text)

C26 S. 42 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)

43 Persons authorised to provide pharmaceutical services. E+W+S

(1) No arrangements shall be made by [F205 a Family Practitioner Committee] (except as may be provided by [F206 or under] regulations) with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering general medical services or general dental services.

(2) No arrangements for the dispensing of medicines shall be made (except as may be provided by [F206 or under] regulations) with persons other than persons who are registered pharmacists, or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M35 Medicines Act 1968 and who undertake that all medicines supplied by them under the arrangements made under this Part of this Act shall be dispensed either by or under the direct supervision of a registered pharmacist.

[F207 (3) No arrangements for the provision of pharmaceutical services falling within section 41(d) above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.]

Textual Amendments

F205 Words substituted by S.I. 1985/39, art. 7(15)

F206 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 21(2)

F207 S. 43(3) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(2)

Marginal Citations

M35 1968 c. 67(84).

Valid from 22/11/2001

[F208 43ZA Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists E+W+S

(1) The Secretary of State may by regulations provide—

(a) that if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the Health Authority,

(b) for the Health Authority to vary that person’s terms of service for the purpose of or in connection with the imposition of any such conditions,

(c) for the Health Authority to vary the conditions or impose different ones,

(d) for the consequences of failing to comply with a condition (including removal from the list), and

(e) for the review by the Health Authority of any decision made by virtue of the regulations.

(2) The imposition of conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services in question, or

(b) preventing any acts or omissions within section 49F(3)(a) below.

(3) The lists in question are—

(a) a list of persons undertaking to provide general medical services,

(b) a list of persons undertaking to provide general dental services,

(c) a list of persons undertaking to provide general ophthalmic services,

(d) a list of persons undertaking to provide pharmaceutical services.

(4) If regulations provide for a practitioner’s removal from the list for breach of condition—

(a) the regulations may provide that he may not withdraw from the list while the Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the Health Authority have decided to remove him but before they have given effect to that decision; and

(b) the regulations must include provision—

(i) requiring the practitioner to be given notice of any allegation against him,

(ii) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his removal from the list, and

(iii) requiring him to be given notice of the Health Authority’s decision and the reasons for it and of his right of appeal under subsection (5).

(5) If regulations provide as mentioned in subsection (1), they must also provide for an appeal by the person in question to the FHSAA against the Health Authority’s decision—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to vary his terms of service,

(d) on any review of an earlier such decision of theirs,

(e) to remove him from the list for breach of condition,

and the appeal shall be by way of redetermination of the Health Authority’s decision.

(6) The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it, and must so provide in relation to a decision referred to in subsection (5)(e).

(7) Regulations under this section may provide for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition.]

Textual Amendments

F208 S. 43ZA inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 21, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Valid from 01/04/2000

[F209 Indemnity cover] E+W+S

Textual Amendments

F209 S. 43C and cross-heading inserted (1.4.2000) by 1999 c. 8, ss. 9(1); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/1041, art. 2(a)

F210 43C Indemnity cover. E+W+S

(1) Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part II practitioners hold approved indemnity cover.

(2) The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision—

(a) for securing that a person is not to be added to any list unless he holds approved indemnity cover;

(b) for the removal from a list prepared by a Health Authority of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Authority in the prescribed manner satisfy the Health Authority that he holds approved indemnity cover.

(3) For the purposes of this section—

• “approved body” means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;

• “approved indemnity cover” means indemnity cover made—

  (a)

  on prescribed terms; and

  (b)

  with an approved body;

• “indemnity cover”, in relation to a Part II practitioner (or person who proposes to provide Part II services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which—

  (a)

  arises out of the provision of Part II services in accordance with arrangements made by him with a Health Authority under this Part of this Act; and

  (b)

  is incurred by him or any such person in respect of the death or personal injury of a person;

• “list” has the same meaning as in section 46 below;

• “Part II practitioner” means a person whose name is on a list;

• “Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services;

• “personal injury” means any disease or impairment of a person’s physical or mental condition and includes the prolongation of any disease or such impairment;

and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.

(4) The regulations may provide that a person of any description who has entered into a contract or arrangement which is—

(a) in a form identified in accordance with the regulations in relation to persons of that description; and

(b) made with a person or persons so identified,

is to be treated as holding approved indemnity cover for the purposes of the regulations.

Textual Amendments

F210 S. 43C and cross-heading inserted (1.4.2000) by 1999 c. 8, ss. 9(1); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/1041, art. 2(a)

Valid from 22/11/2001

[F211 43D Supplementary lists E+W+S

(1) The Secretary of State may make regulations providing for the preparation and publication by each Health Authority of one or more lists of persons approved by the Health Authority for the purpose of assisting in the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services.

(2) Such a list is referred to in this section as a “supplementary list”.

(3) The regulations may, in particular, include provision as to—

(a) the Health Authority to which an application for inclusion in a supplementary list is to be made,

(b) the procedure for applying for inclusion, including any information to be supplied to the Health Authority (whether by the applicant or by arrangement with him),

(c) grounds on which the Health Authority may, or must, refuse a person’s application for inclusion in a supplementary list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

(d) requirements with which a person included in a supplementary list must comply (including the declaration of financial interests and of gifts and other benefits),

(e) grounds on which a Health Authority may, or must, suspend or remove a person from a supplementary list, the procedure for doing so, and the consequences of doing so,

(f) payments to or in respect of persons who are suspended from a supplementary list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g) the supply to the Health Authority by an applicant for inclusion in a supplementary list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

(h) circumstances in which a person included in a supplementary list may not withdraw from it,

(i) criteria to be applied in making decisions under the regulations,

(j) appeals against decisions of Health Authorities under the regulations,

(k) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a supplementary list, refusals of such applications, and suspensions and removals from that list.

(4) The regulations may, in particular, also provide for—

(a) a person’s inclusion in a supplementary list to be subject to conditions determined by the Health Authority,

(b) the Health Authority to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition (including removal from the list), and

(d) the review by the Health Authority of their decisions made by virtue of regulations under this subsection.

(5) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to which the supplementary list relates; or

(b) preventing any acts or omissions of the type described in section 49F(3)(a) below.

(6) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

(7) If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a supplementary list, they must include provision—

(a) requiring him to be given notice of any allegation against him;

(b) giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and

(c) requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal under subsection (8) or (9).

(8) If the regulations provide under subsection (3)(c) or (e) that a Health Authority may refuse a person’s application for inclusion in a supplementary list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.

(9) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority’s decision—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to remove him from the supplementary list for breach of condition,

(d) on any review of an earlier such decision of theirs.

(10) Regulations may require a person (“A”) included in—

(a) a medical list,

(b) a list referred to in section 36(1)(a),

(c) a list referred to in section 39(1)(a),

(d) a list referred to in section 42(2)(a), or

(e) a list referred to in section 43(2A),

not to employ or engage a person (“B”) to assist him in the provision of the relevant service unless B is included in a list referred to in paragraphs (a) to (e), a supplementary list, a services list referred to in section 28DA above or section 8ZA of the National Health Service (Primary Care) Act 1997 (c. 46) or a list corresponding to a services list prepared by a Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (or, in any of those cases, such a list of a prescribed description).

(11) If regulations do so require, they—

(a) need not require both A and B to be included in lists prepared by the same Health Authority, but

(b) may, in particular, require that both A and B be included in lists prepared by Health Authorities in England, or in lists prepared by Health Authorities in Wales.]

Textual Amendments

F211 S. 43D inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 24, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1) Sch. Pt. 1

Local representative committees E+W+S

44 Recognition of local representative committees. E+W+S

(1) Where [F212 a Family Health Services Authority is satisfied that a committee formed for its locality is representative]—

(a) of the medical practitioners providing general medical services or general ophthalmic services in that [F213 locality], or

(b) of the dental practitioners providing general dental services in that [F213 locality], or

(c) of the ophthalmic opticians . . . F214 providing general ophthalmic services in that [F213 locality], or

(d) of the persons providing pharmaceutical services in that [F213 locality],

[F215 the Family Health Services Authority] may recognise that committee; and any committee so recognised shall be called the Local Medical Committee, the Local Dental Committee, the Local Optical Committee or the Local Pharmaceutical Committee, as the case may be, for the [F213 locality] concerned.

(2) Any such committee may with the [F216 approval of the Family Health Services Authority] delegate any of their functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

Textual Amendments

F212 Words commencing “a Family Health” to “locality is representative” substituted (1.10.1991) for words commencing “the Secretary of State” to “is representative” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(4)(a); S.I. 1990/2511, art. 3

F213 Word substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 6(b)

F214 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F215 Words commencing “the Family Health” substituted (1.10.1991) for the word “he” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(4)(b); S.I. 1991/2511, art. 3

F216 Words commencing “approval of the” substituted (1.10.1991) for “Secretary of State's approval” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(4); S.I. 1991/2511, art. 3

Modifications etc. (not altering text)

C27 S. 44(1) amended by S.I. 1990/2511, art. 5(1)

45 Functions of local representative committees. E+W+S

(1) The Family Practitioner Committee for [F217 a locality] in respect of which committees are recognised under section 44 above shall, in exercising their functions under this Part of this Act, consult with those committees on such occassions and to such extent as may be prescribed; and those committees shall exercise such other functions as may be prescribed.

(2) The Family Practitioner Committee may, on the request of any committee recognised under section 44 for their [F218 locality], allot to that committee such sums for defraying the committee’s administrative expenses (including travelling and subsistence allowances payable to its members) as may be determined by the Family Practitioner Committee . . . F219

(3) Any sums so allotted shall be out of the moneys available to the Family Practitioner Committee for the remuneration of persons of whom the committee so recognised is representative and who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services, as the case may be, under this Part of this Act.

The amount of any such sums shall be deducted from the remuneration of those persons in such manner as may be determined by the Family Practitioner Committee . . . F219

Textual Amendments

F217 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 7(a)

F218 Word substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 7(b)(i)

F219 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 5(4), 24, Sch. 3 para. 7(b)(ii), Sch. 8 Pt. I

Provisions as to disqualification of practitioners E+W+S

46 Disqualification of practitioners. E+W+S

(1) There shall be a tribunal (in this section and sections 47 to 49 below referred to as “the Tribunal”) which shall be constituted in accordance with Schedule 9 to this Act to inquire into cases where representations are made in the prescribed manner to the Tribunal by [F220 a Family Practitioner Committee] or any other person that the continued inclusion of a person’s name in a list prepared under this Part of this Act—

(a) of medical practitioners undertaking to provide general medical services,

(b) of medical practitioners undertaking to provide general ophthalmic services,

(c) of dental practitioners undertaking to provide general dental services,

(d) of ophthalmic opticians undertaking to provide general ophthalmic services,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

(f) of persons undertaking to provide pharmaceutical services,

would be prejudicial to the efficiency of the services in question.

The supplementary provisions contained in Schedule 9 apply in relation to the Tribunal.

(2) The Tribunal, on receiving representations from [F222 a family Practitioner Committee] shall, and in any other case may, inquire into the case, and, if they are of opinion that the continued inclusion of that person’s name in any list to which the representations relate would be prejudicial to the efficiency of those services—

(a) shall direct that his name be removed from that list; and

(b) may also, if they think fit, direct that his name be removed from, or not be included in, any corresponding list kept by any other [F223 Family Practitioner Committee] under this Part.

(3) An appeal shall lie to the Secretary of State from any direction of the Tribunal under subsection (2) above, and the Secretary of State may confirm or revoke that direction.

(4) Where the Tribunal direct that the name of any person be removed from or not included in any list or lists the [F224 Family Practitioner Committee or Committees] concerned shall—

(a) if no appeal is brought, at the end of the period for bringing an appeal, or

(b) if an appeal is brought and the decision of the Tribunal is confirmed by the Secretary of State, on receiving notice of the Secretary of State’s decision,

remove the name of the person concerned from the list or lists in question.

Textual Amendments

F220 Words substituted by S.I. 1985/39, art. 7(16)(a)

F221 S. 46(1)(e) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F222 Words substituted by S.I. 1985/39, art. 7(16)(b)(i)

F223 Words substituted by S.I. 1985/39, art. 7(16)(b)(ii)

F224 Words substituted by S.I. 1985/39, art. 7(16)(c)

47 Removal of disqualification. E+W+S

(1) Any person whose name has been removed by a direction under section 46 above from any list or lists shall be disqualified for inclusion in any list to which that direction relates until the Tribunal or the Secretary of State direct under this section to the contrary.

(2) For the purpose of deciding whether or not to issue a direction under this section (or under paragraph 8 of Schedule 14 to this Act), the Tribunal or the Secretary of State, as the case may be, may hold an inquiry.

48 Disqualification provisions in Scotland or Northern Ireland. E+W+S

Where—

(a) under any provisions in force in Scotland or Northern Ireland corresponding to the provisions of this Part of this Act a person is for the time being disqualified for inclusion in all lists prepared under those provisions of persons undertaking to provide services of one or more of the kinds specified in section 46(1) above, then

(b) that person shall, so long as that disqualifiction is in force, be disqualified for inclusion in a list prepared under this Part of persons undertaking to provide services of those kinds, and the name of that person shall be removed from every such list in which his name is included.

49 Regulations as to ss. 46 to 48. E+W+S

Regulations shall provide—

(a) for prescribing the procedure for the holding of inquiries by the Tribunal or the Secretary of State under sections 46 to 48 above, and for the making and determining of appeals to the Secretary of State under that procedure, and, in particular for securing that any person who is the subject of such an inquiry shall have an opportunity—

(i) of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before the Tribunal and, in the case of an inquiry by, or appeal to, the Secretary of State before a person appointed by the Secretary of State, and

(ii) of being heard by the Tribunal or the person so appointed and of calling witnesses and producing other evidence on his behalf,

and that the hearing, whether by the Tribunal or the person so appointed shall be in public if the person who is the subject of the inquiry so requests;

(b) for conferring on the Tribunal and on any person so appointed such powers as the Secretary of State considers necessary, and for that purpose to apply, with any necessary modifications, any of the provisions of section 250 of the M36 Local Government Act 1972; and

(c) for the publication of the decisions of the Tribunal and the Secretary of State under this section and of the imposition and removal of any disqualifications imposed under section 48 above.

Marginal Citations

M36 1972 c. 70(81:1).

Prospective

[F225 49A Applications for interim suspension. E+W+S

(1) A Health Authority who have made representations under section 46 above may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the case relates.

[F226 (1A) A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates.]

(2) If, on an application under this section, the Tribunal are satisfied that [F227 either of the conditions for doing so is satisfied], they shall direct that subsection (3) below shall apply to the person concerned as respects services of the kind to which the case in question [F228 or the case to which the review in question,] relates.

[F229 (2A) The conditions for giving such a direction are—

(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates,

(b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—

(i) an act or omission within section 46(7)(a) above will occur, or

(ii) the investigation of the case or the review will be prejudiced.]

(3) A person to whom this subsection applies shall—

(a) be deemed to have been removed from any relevant list in which his name is included,

(b) be disqualified for inclusion in any relevant list in which his name is not included, and

(c) be deemed to be a person in relation to whom there is in force a declaration [F230 of unfitness in relation to] the provision of services of the relevant kind.

(4) A direction under subsection (2) above shall cease to have effect on the Tribunal’s disposing of the case [F231 or review] in connection with which it is made.

[F232 (5) In subsection (2) above, the reference to patients is to persons to whom services of the kind to which the case in question relates are, or may be, provided under this Part of this Act.]

(6) In the application of subsection (3) above to any person—

(a) “relevant list” means a list [F233 prepared under this Part of this Act] of persons undertaking to provide services of the kind to which the direction applying the subsection to him relates, and

(b) “services of the relevant kind” means services of the kind to which that direction relates.]

Textual Amendments

F225 Ss. 49A-49E inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(1) (with s. 14(5)); S.I. 1995/3090, art. 2, Sch. (subject to art. 3); S.I. 1996/552, art. 2

F226 S. 49A(1A) inserted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(a)

F227 Words in s. 49A(2) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(b)

F228 Words in s. 49A(2) inserted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(b)

F229 S. 49A(2A) inserted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(c)

F230 Words in s. 49A(3)(c) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(d)

F231 Words in s. 49A(4) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(e)

F232 S. 49A(5) repealed (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 20(f), Sch. 5

F233 Words in s. 49A(6)(a) repealed (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 20(g), Sch. 5

Prospective

[F234 [F234 F235 49B Suspension pending appeal. E+W+S

(1) Where, on disposing of a case under section 46B above, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 49A(2A) above is satisfied, direct that section 49A(3) above shall apply or, if a direction has been given under section 49A(2) above, shall continue to apply to him as respects services of the kind to which the disqualification relates.]]

(2) A direction under subsection (1) above shall cease to have effect—

(a) where no appeal against the [F236 national disqualification] is brought, at the end of the period for bringing an appeal, and

(b) where an appeal against [F236 the disqualification] is brought, when the appeal process has been exhausted.

(3) Where the power conferred by subsection (1) above is exercisable by virtue of a [F237 disqualification which is not coupled with a declaration of unfitness], section 49(A)(3) above shall have effect, in relation to the exercise of that power, with the omission of paragraph (c).

[F238 (4) In subsection (1) above, the reference to patients is to persons to whom services of the kind to which the direction under section 46(2)(b) above relates are, or may be, provided under this Part of this Act.]

Textual Amendments

F234 S. 49B(1) and preceding sidenote substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 21(a)

F235 Ss. 49A-49E inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(1) (with s. 14(5)); S.I. 1995/3090, art. 2, Sch. (subject to art. 3); S.I. 1996/552, art. 2

F236 Words in s. 49B(2) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 21(b)

F237 Words in s. 49B(3) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 21(c)

F238 S. 49B(4) repealed (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 21(d), Sch. 5

Valid from 21/12/1995

[F239 49C Sections 49A and 49B: procedure etc. E+W+S

(1) Before making a direction under section 49A(2) or 49B(1) above in relation to any person, the Tribunal shall give him an opportunity—

(a) to appear before them, either in person or by counsel or solicitor or such other representative as may be prescribed, and

(b) to be heard and to call witnesses and produce other evidence.

(2) Regulations may—

(a) make provision for, or for the determination of, procedure in relation to determining applications under section 49A above or the exercise of the power conferred by section 49B(1) above, and

(b) provide for the functions of the Tribunal under section 49A or 49B above to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.]

Textual Amendments

F239 Ss. 49A-49E inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(1) (with s. 14(5)); S.I. 1995/3090, art. 2, Sch. (subject to art. 3); S.I. 1996/552, art. 2

Prospective

[F240 49D Suspension provisions in Scotland or Northern Ireland. E+W+S

(1) This section applies where, under any provisions in force in Scotland or Northern Ireland corresponding to section 49A or 49B above, a person (“the practitioner”) is disqualified for inclusion in all lists prepared under the provisions in force there corresponding to the provisions of this Part of this Act of persons undertaking to provide services of one or more of the kinds specified in section [F241 46(8)]] above, other than those in which his name is included.

(2) The practitioner shall, while he is so disqualified—

(a) be disqualified for inclusion in any list prepared under this Part of this Act of persons undertaking to provide services of the same kinds (“relevant list”) in which his name is not included, and

(b) be deemed to have been removed from any relevant list in which his name is included.

Textual Amendments

F240 Ss. 49A-49E inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(1) (with s. 14(5)); S.I. 1995/3090, art. 2, Sch. (subject to art. 3); S.I. 1996/552, art. 2

F241 Words in s. 49D substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 22

Valid from 21/12/1995

[F242 49E Payments in consequence of suspension. E+W+S

(1) Regulations may provide for the making to persons to whom section 49A(3) or 49D(2) above applies of payments in consequence of the application of that provision.

(2) Regulations under subsection (1) above may provide for the determination by the Secretary of State in a prescribed manner of anything for which provision may be made by regulations under that subsection.]

Textual Amendments

F242 Ss. 49A-49E inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(1) (with s. 14(5)); S.I. 1995/3090, art. 2, Sch. (subject to art. 3); S.I. 1996/552, art. 2

Valid from 22/11/2001

[F243 49F Disqualification of practitioners E+W+S

(1) If it appears to a Health Authority that any of the conditions set out in subsections (2) to (4) is established in relation to a person included in any of the following prepared by them—

(a) a list of medical practitioners undertaking to provide general medical services,

(b) a list of medical practitioners undertaking to provide general ophthalmic services,

(c) a list of dental practitioners and dental corporations undertaking to provide general dental services,

(d) a list of ophthalmic opticians undertaking to provide general ophthalmic services, or

(e) a list of persons undertaking to provide pharmaceutical services,

(such a person being referred to in this group of sections as a “practitioner”), they may (or, in cases falling within subsection (6), must) decide to remove him from that list.

(2) The first condition is that the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide (and such a case is referred to in this group of sections as an “efficiency case”).

(3) The second condition is that the person concerned—

(a) has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit, and

(b) knew that he or (as the case may be) the other was not entitled to the benefit,

(and such a case is referred to in this group of sections as a “fraud case”).

(4) The third condition is that the person concerned is unsuitable to be included in the list (and such a case is referred to in this group of sections as an “unsuitability case”).

(5) “This group of sections” means this section and sections 49G to 49R below.

(6) In unsuitability cases, the Health Authority must remove the practitioner from the list in prescribed circumstances.

(7) The Health Authority must state which condition (or conditions) they are relying on when removing a practitioner from a list.

(8) In subsection (3), “health scheme” means—

(a) any of the health services under section 1(1) above or any corresponding enactment extending to Scotland or Northern Ireland, and

(b) any prescribed scheme,

and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.

(9) Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.]

Textual Amendments

F243 S. 49F inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Modifications etc. (not altering text)

C28 S. 49F(8): definition extended (W.) (26.8.2002) by National Health Service (General Ophthalmic Services) Regulations 1986 (S.I. 1986/975), reg. 9A (as inserted (26.8.2002) by National Health Service (General Ophthalmic Services) (Amendment) (Wales) Regulations 2002 (S.I. 2002/1883), reg. 6)

Valid from 14/12/2001

[F244 49G Contingent removal E+W+S

(1) In an efficiency case or a fraud case, the Health Authority may, instead of deciding to remove a practitioner from their list, decide to remove him contingently.

(2) If they so decide, they must impose such conditions as they may decide on his inclusion in the list with a view to—

(a) removing any prejudice to the efficiency of the services in question (in an efficiency case), or

(b) preventing further acts or omissions within section 49F(3)(a) above (in a fraud case).

(3) If the Health Authority determine that the practitioner has failed to comply with a condition, they may decide to—

(a) vary the conditions, or impose different conditions, or

(b) remove him from their list.

(4) The Health Authority may decide to vary the terms of service of the person concerned for the purpose of or in connection with the imposition of any conditions by virtue of this section.]

Textual Amendments

F244 S. 49G inserted (14.12.2001 for E. for all purposes except those relating to the provision of pharmaceutical services under the 1977 Act and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Valid from 14/12/2001

[F245 49H Fraud and unsuitability cases: supplementary E+W+S

(1) Where the practitioner is a body corporate, the body corporate is to be treated for the purposes of this group of sections as meeting the second or third condition referred to in section 49F(3) and (4) above—

(a) in the case of an ophthalmic optician not referred to in paragraph (b) or a dental corporation, if any director meets that condition (whether or not he first did so when he was a director), and

(b) in the case of a body corporate carrying on a retail pharmacy business or an ophthalmic optician which is a limited liability partnership, if any one of the body of persons controlling the body meets that condition (whether or not he first did so when he was such a person).

(2) A practitioner is to be treated for the purposes of this group of sections as meeting the condition referred to in section 49F(3) above if—

(a) another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 49F(1) above on the practitioner’s behalf, meets that condition; and

(b) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 49F(3)(a) above occurring in the course of the provision of those services on his behalf.]

Textual Amendments

F245 S. 49H inserted (14.12.2001 for E. for all purposes except those relating to the provision of pharmaceutical services under the 1977 Act and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F246 49I Suspension E+W+S

(1) If the Health Authority are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, they may suspend a practitioner from their list—

(a) while they decide whether or not to exercise their powers under section 49F or 49G (other than in circumstances falling within paragraph (b)), or

(b) while they wait for a decision affecting the practitioner of a court or of a body which regulates—

(i) the practitioner’s profession,

(ii) the profession of a person providing any of the services mentioned in section 49F(1) on the practitioner’s behalf, or

(iii) if the practitioner is a body corporate, the profession of one of its directors or, as the case may be, one of the body of persons controlling it or (if it is a limited liability partnership) one of its members,

or one of that regulatory body’s committees.

(2) The references in subsection (1)(b) to a court or regulatory body are to a court or such a body anywhere in the world.

(3) In a case falling within subsection (1)(a), the Health Authority must specify how long the period of suspension is to be.

(4) In a case falling within subsection (1)(b), the Health Authority may specify that the practitioner shall remain suspended after the decision referred to there for an additional period which the Health Authority must specify.

(5) In either case—

(a) before that period expires they may extend, or further extend, the suspension for a further specified period, or

(b) if that period has expired, they may impose a further suspension, for a period which they must specify.

(6) The period of suspension (in a subsection (1)(a) case) or the additional period (in a subsection (1)(b) case), including in both cases the period of any further suspension imposed under subsection (5)(b), may not exceed six months in aggregate, except—

(a) in prescribed circumstances, when it may not extend beyond any prescribed event (which may be the expiry of a prescribed period),

(b) if, on the application of the Health Authority, the FHSAA orders accordingly before the expiry of the period of suspension, or

(c) if the Health Authority have applied under paragraph (b) before the expiry of the period of suspension, but the FHSAA has not made an order by the time it expires, in which case it continues until the FHSAA has made an order.

(7) If the FHSAA does so order, it shall specify—

(a) the date on which the period of suspension is to end, or

(b) an event beyond which it is not to continue.

(8) The FHSAA may, on the application of the Health Authority, make a further order (complying with subsection (7)) at any time while the period of suspension pursuant to the earlier order is still continuing.

(9) The Secretary of State may make regulations providing for payments to practitioners who are suspended.

(10) Those regulations may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State.]

Textual Amendments

F246 S. 49I inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force ) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Valid from 14/12/2001

[F247 49J Suspension pending appeal E+W+S

(1) This section applies if the Health Authority decide to remove a practitioner from a list under section 49F.

(2) In such a case they may also decide to suspend the practitioner from the list pending any appeal by him, if they are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest.

(3) If they do suspend the practitioner under this section, the suspension has effect from the date when the Health Authority gave him notice of the suspension.

(4) The suspension has effect until its revocation under subsection (5) or (6) or, if later, until the expiry of the period of 28 days referred to in section 49M(1) below, or, if the practitioner appeals under section 49M, until the FHSAA has disposed of the appeal.

(5) The Health Authority may revoke a suspension imposed under this section.

(6) If the practitioner appeals under section 49M against the Health Authority’s decision to remove him from the list, the FHSAA may also revoke a suspension imposed on him under this section.

(7) Subsections (9) and (10) of section 49I above apply for the purposes of this section as they apply for the purposes of that.]

Textual Amendments

F247 S. 49J inserted (14.12.2001 for E. for all purposes except those relating to the provision of pharmaceutical services under the 1977 Act and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Valid from 14/12/2001

[F248 49K Effect of suspension E+W+S

While a practitioner is suspended (whether under section 49I or under section 49J above) he is to be treated as not being included in the list from which he has been suspended even though his name appears in it.]

Textual Amendments

F248 S. 49K inserted (14.12.2001 for E. for all purposes except those relating to the provision of pharmaceutical services under the 1977 Act and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III; S.I. 2002/1475, art. 2(1), Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F249 49L Review of decisions E+W+S

(1) The Health Authority may, and (except in prescribed cases) if requested in writing to do so by the practitioner must, review a contingent removal or a suspension (other than a contingent removal or a suspension imposed by, or a suspension continuing pursuant to, an order of the FHSAA, or a suspension imposed under section 49J above).

(2) The practitioner may not request a review before the expiry of the period of—

(a) three months beginning with the date of the Health Authority’s decision to suspend or contingently remove him, or (as appropriate),

(b) six months beginning with the date of their decision on the previous review.

(3) On such a review, the Health Authority may—

(a) confirm the contingent removal or the suspension,

(b) in the case of a suspension, terminate it,

(c) in the case of a contingent removal, vary the conditions, impose different conditions, revoke the contingent removal, or remove the practitioner from the list.]

Textual Amendments

F249 S. 49L inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F250 49M Appeals E+W+S

(1) A practitioner may appeal to the FHSAA against a decision of a Health Authority mentioned in subsection (2) by giving notice in writing to the FHSAA within the period of 28 days beginning with the date on which the Health Authority gave him notice of the decision.

(2) The Health Authority decisions in question are—

(a) to remove the practitioner from a list (under section 49F or 49G(3) or under subsection (5)(b) of this section),

(b) to remove him contingently (under section 49G),

(c) to impose any particular condition under section 49G, or to vary any condition or to impose any different condition under that section,

(d) to vary his terms of service (under section 49G(4)),

(e) any decision on a review of a contingent removal under section 49L.

(3) The appeal shall be by way of redetermination of the Health Authority’s decision.

(4) On an appeal, the FHSAA may make any decision which the Health Authority could have made.

(5) If the FHSAA decides to remove the practitioner contingently—

(a) the Health Authority and the practitioner may each apply to the FHSAA for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and

(b) the Health Authority may remove him from their list if they determine that he has failed to comply with a condition.

(6) The Health Authority shall not remove a person from a list, or impose a contingent removal—

(a) until the expiry of the period of 28 days referred to in subsection (1), or

(b) if the practitioner appeals within that period, until the FHSAA has disposed of the appeal.

(7) Regulations may provide for payments by Health Authorities to practitioners who are removed from lists pursuant to decisions of the FHSAA under this section, but whose appeals against those decisions are successful.]

Textual Amendments

F250 S. 49M inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F251 49N National disqualification E+W+S

(1) If the FHSAA removes the practitioner from a list, it may also decide to disqualify him from inclusion in—

(a) all lists referred to in section 49F(1)(a) to (e) prepared by all Health Authorities,

(b) all supplementary lists prepared by all Health Authorities, and

(c) all services lists prepared by all Health Authorities under section 28DA above or under section 8ZA of the National Health Service (Primary Care) Act 1997 (c. 46), or any list corresponding to a services list prepared by any Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001,

or only from inclusion in one or more descriptions of such lists prepared by all Health Authorities, the description being specified by the FHSAA in its decision.

(2) A decision by the FHSAA to do what is mentioned in subsection (1) is referred to in this section as the imposition of a national disqualification.

(3) The FHSAA may also impose a national disqualification on a practitioner if it dismisses an appeal by him against a Health Authority’s refusal to include him in such a list (or, in the case of a medical list, to nominate or approve him for inclusion in it).

(4) The Health Authority may apply to the FHSAA for a national disqualification to be imposed on a person after they have—

(a) removed him from a list of theirs of any of the kinds referred to in subsection (1)(a) to (c), or

(b) refused to include him in such a list (or, in the case of a medical list, to nominate or approve him for inclusion in it).

(5) Any such application must be made before the end of the period of three months beginning with the date of the removal or of their refusal.

(6) If the FHSAA imposes a national disqualification on a person—

(a) no Health Authority may include him in a list of any of the kinds from which he has been disqualified from inclusion prepared by them, and

(b) if he is included in such a list, each Health Authority in whose list he is included must remove him from it.

(7) The FHSAA may at the request of the person upon whom it has been imposed review a national disqualification, and on a review may confirm it or revoke it.

(8) Subject to subsection (9), the person may not request such a review before the end of the period of—

(a) two years beginning with the date on which the national disqualification was imposed, or

(b) one year beginning with the date of the FHSAA’s decision on the last such review.

(9) The Secretary of State may provide in regulations for subsection (8) to have effect in prescribed circumstances as if the reference there to “two years” or “one year” were a reference to a different period specified in the regulations.]

Textual Amendments

F251 S. 49N inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1) Sch. Pt. 1; S.I. 2003/53, art. 4(b)

Modifications etc. (not altering text)

C29 S. 49N(8) modified (26.8.2002) by S.I. 1992/635, reg. 7H (as inserted (26.8.2002) by The National Health Service (General Medical Services) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1896), reg. 5)

Valid from 22/11/2001

[F252 49O Notification of decisions E+W+S

Regulations may require a Health Authority to notify prescribed persons, or persons of prescribed descriptions, of any decision they make under this group of sections, and of any information relevant to the decision which they consider it appropriate to include in the notification.]

Textual Amendments

F252 S. 49O inserted (22.11.2001 for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force ) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F253 49P Withdrawal from lists E+W+S

Regulations may provide for circumstances in which a practitioner—

(a) whom a Health Authority are investigating in order to see whether there are grounds for exercising their powers under section 49F, 49G or 49I,

(b) whom a Health Authority have decided to remove from a list under section 49F or 49G, or contingently remove under section 49G, but who has not yet been removed or contingently removed, or

(c) who has been suspended under section 49I,

may not withdraw from a list in which he is included.]

Textual Amendments

F253 S. 49P inserted (22.11.2001 for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force ) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F254 49Q Regulations E+W+S

(1) Any decision by a Health Authority referred to in this group of sections shall be reached in accordance with regulations made by the Secretary of State about such decisions.

(2) The regulations shall include provision—

(a) requiring the practitioner to be given notice of any allegation against him,

(b) giving him the opportunity of putting his case at a hearing before a Health Authority make any decision affecting him under this group of sections,

(c) requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal which he may have.

(3) The regulations may, in particular, make provision as to criteria which the Health Authority must apply when making decisions in unsuitability cases.]

Textual Amendments

F254 S. 49Q inserted (22.11.2001 for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

Valid from 22/11/2001

[F255 49R Corresponding provision in Scotland and Northern Ireland E+W+S

(1) This section applies where it appears to the Secretary of State that there is provision in Scotland or Northern Ireland under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under this group of sections.

(2) A decision in Scotland or Northern Ireland to deal with such a person in such a way is referred to in this section as a “corresponding decision”.

(3) If this section applies, the Secretary of State may make regulations providing for the effect to be given in England and Wales to a corresponding decision.

(4) That effect need not be the same as the effect of the decision in the place where it was made.

(5) The regulations may not provide for a corresponding decision to be reviewed or revoked in England and Wales.]

Textual Amendments

F255 S. 49R inserted (22.11.2001 for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

Valid from 01/10/2001

[F256 The Family Health Services Appeal Authority] E+W+S

Textual Amendments

F256 S. 49S and cross-heading inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4, Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3 (subject to art. 3(2))

[F257 49S The Family Health Services Appeal Authority E+W+S

(1) There shall be a body to be known as the Family Health Services Appeal Authority (“FHSAA”).

(2) The FHSAA shall be constituted in accordance with Schedule 9A to this Act, which also makes other provision in relation to the FHSAA.

(3) The FHSAA shall have such functions as are conferred on it by this Act or by any other enactment.

(4) The Secretary of State may direct the FHSAA to exercise any of his functions relating to the determination of appeals to him which are specified in the directions.

(5) Directions under subsection (4) shall be given by regulations or by an instrument in writing.

(6) The Secretary of State may make available to the FHSAA any facilities (including the use of any premises) provided by him or by a Special Health Authority or NHS trust for any service under this Act, and the services of persons employed by the Secretary of State or by a Special Health Authority or NHS trust.

(7) Subsections (1) to (3) of section 27 above apply in relation to the services of persons employed by a Special Health Authority and made available under subsection (6) as they apply in relation to the services of officers of Special Health Authorities to be made available under section 26 above.

(8) For the purposes of subsection (6)—

(a) the Secretary of State may give directions to an NHS trust requiring it to make facilities or the services of persons available as mentioned there; but

(b) subsections (1) and (2) of section 27 above apply in relation to the services of such persons as they apply in relation to the services of officers to be made available by virtue of section 26 above by a Health Authority, Special Health Authority or Primary Care Trust.]

Textual Amendments

F257 S. 49S inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4, Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, {art. 3 } (subject to art. 3(2))

Other provisions supplementary to Part II E+W+S

50 Exercise of choice of practitioner in certain cases. E+W+S

Regulations may provide that, where a right to choose the person by whom services are to be provided under this Part of this Act is conferred by or under this Part, that right shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

51 University clinical teaching and research. E+W+S

It is the Secretary of State’s duty to make available, in premises provided by him by virtue of this Act, such facilities as he considers are reasonably required by any university which has a medical or dental school, in connection with clinical teaching and with research connected with clinical medicine or, as the case may be, clinical dentistry.

52 Use of accommodation. E+W+S

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of general medical services, general dental services, general ophthalmic services or pharmaceutical services he may make the accommodation available on such terms as he thinks fit to persons providing any of those services.

Modifications etc. (not altering text)

C30 S. 52: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

53 Immunisation. E+W+S

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every medical practitioner providing general medical services an opportunity to participate in the arrangements.

54 Prohibition of sale of medical practices. E+W+S

(1) Where the name of any medical practitioner is or has been at any time entered on any list of medical practitioners undertaking to provide general medical services, it shall be unlawful subsequently to sell the goodwill or any part of the goodwill of the medical practice of that medical practitioner.

This subsection is subject to subsections (2) and (3) below; and the additional provisions contained in Schedule 10 to this Act have effect for the purposes of this section.

[F258 (2) Where a medical practitioner whose name has ceased to be entered on any list of medical practitioners undertaking to provide general medical services practices in the locality of a Family Practitioner Committee without his name ever having been entered on a list of medical practitioners undertaking to provide general medical services there, subsection (1) above does not render unlawful the sale of the goodwill or any part of the goodwill of his practice in that locality.

(3) Subsection (1) above does not prevent the sale of the goodwill or any part of the goodwill of a medical practice carried on in any such locality, being a sale by a medical practitioner whose name has never been entered on a list of medical practitioners undertaking to provide general medical services there, notwithstanding that any part of the goodwill to be sold is attributable to such a practice previously carried on by a person whose name was entered on such a list.

(4) In this section “general medical services” includes the services so described provided pursuant to the provisions of the National Health Service Act 1946 by arrangement with an Executive Council or pursuant to the provisions of the M37 National Health Service Reorganisation Act 1973 by arrangement with a Family Practitioner Committee.]

Textual Amendments

F258 S. 54(2)–(4) substituted for s. 54(2)(3) by S.I. 1985/39, art. 7(17)

Marginal Citations

M37 1973 c. 32(113:2).

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F259 E+W+S

Textual Amendments

F259 S. 55 repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 12(5), 66(2), Sch. 10

56 Inadequate services. E+W+S

If the Secretary of State is satisfied, after such inquiry as he may think fit, as respects [F260 the locality of a Family Practitoner Committee or part of the locality of such a Committee] that the persons whose names are included in any list prepared under this Part of this Act—

(a) of medical practitioners undertaking to provide general medical services,

(b) of dental practitioners undertaking to provide general dental services,

(c) of persons undertaking to provide general ophthalmic services, or

(d) of persons undertaking to provide pharmaceutical services,

are not such as to secure the adequate provision of the services in question in [F261 that][F262 locality or part], or that for any other reason any considerable number of persons in any such [F263 locality or part] are not receiving satisfactory services under the arrangements in force under this Part, then—

[F264 (i) he may authorise the Family Practitioner Committee to make such other arrangements as he may approve, or may himself make such other arrangements, and]

(ii) he may dispense with any of the requirements of regulations made under this Part so far as appears to him necessary to meet exceptional circumstances and enable such arrangements to be made.

Textual Amendments

F260 Words substituted by S.I. 1985/39, art. 7(19)(a)

F261 Word substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 61

F262 Words substituted by S.I. 1985/39, art. 17(19)(b)

F263 Words substituted by S.I. 1985/39, art. 17(19)(c)

F264 S. 56(i) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 8

Part III U.K. Other Powers of the Secretary of State as to theHealth Service

Control of maximum prices for medical supplies U.K.

57 Maximum price of medical supplies may be controlled. U.K.

(1) The Secretary of State may by order provide for controlling maximum prices to be charged for any medical supplies required for the purposes of this Act.

(2) The Secretary of State may by direction given with respect to any undertaking, or by order made with respect to any class or description of undertakings, being an undertaking or class or description of undertakings concerned with medical supplies required for the purposes of this Act, require persons carrying on the undertaking or undertakings of that class or description—

(a) to keep such books, accounts and records relating to the undertaking as may be prescribed by the direction or, as the case may be, by the order or a notice served under the order;

(b) to furnish at such times, in such manner and in such form as may be so prescribed such estimates, returns or information relating to the undertaking as may be so prescribed.

(3) The additional provisions set out in Schedule 11 to this Act have effect in relation to this section; and

• “medical supplies” in this section includes surgical, dental and optical materials and equipment; and

• “undertaking” in this section and that Schedule means any public utility undertaking or any undertaking by way of trade or business.

Additional powers as to services and supplies; and the use of those services and supplies for private patients E+W+S

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F265 E+W+S

Textual Amendments

F265 S. 58 repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

59, 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F266 E+W+S

Textual Amendments

F266 Ss. 6(1)(2)(6)(7), 30(2), 59, 60, 67–71, 73–76, Sch. 4 para. 1, Sch. 15 paras. 11, 41, 68—70 repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267 E+W+S

Textual Amendments

F267 S. 61 repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

62 Restriction of powers under ss. 25, 58 and 61. E+W+S

The Secretary of State shall exercise the powers conferred on him by the provisions of section 25 above (supplies not readily obtainable) . . . F268 only if and to the extent that he is satisfied that anything which he proposes to do or allow under those powers—

(a) will not to a significant extent interfere with the performance by him of any duty imposed on him by this Act to provide accommodation or services of any kind; and

(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than as private patients.

Textual Amendments

F268 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

Further provisions as to payments by patients for health service accommodation and services E+W+S

63 Hospital accommodation on part payment. E+W+S

(1) The Secretary of State may authorise the accommodation described in this section to be made available, [F269 for patients to such extent as he may determine, and may recover such charges as he may determine in respect of such accommodation and calculate them on any basis that he considers to be the appropriate commercial basis].

The accommodation mentioned above is—

(a) in single rooms or small wards which is not for the time being needed by any patient on medical grounds;

(b) at any health service hospital or group of hospitals, or a hospital in which patients are treated under arrangements made by virtue of section 23 above, or at the health service hospitals in a particular area or a hospital in which patients are so treated.

[F270 (1C) References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F271

Textual Amendments

F269 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(9)(a)

F270 S. 63(1C) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(3)

F271 S. 63(2) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 7(9)(b), 25(2), Sch. 3

Modifications etc. (not altering text)

C31 S. 63: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

64 Expenses payable by remuneratively employed resident patients. E+W+S

The Secretary of State may require any person—

(a) who is a resident patient for whom the Secretary of State provides services under this Act; and

(b) who is absent during the day for the purpose of engaging in remunerative employment from the hospital where he is a patient,

to pay such part of the cost of his maintenance in the hospital and any incidental cost as may seem reasonable to the Secretary of State having regard to the amount of that person’s remuneration, and the Secretary of State may recover the amount so required.

[F272 65 Accommodation and services for private patients. E+W+S

(1) [F273 If the Secretary of State is satisfied, in the case of a health service hospital or group of such hospitals, that it is reasonable to do so, he may authorise accommodation and services at the hospital or hospitals in question to be made available, to such extent as he may determine][F273 Subject to the provisions of this section, to such extent as they may determine, a District or Special Health Authority may make available at a hospital or hospitals for which they have responsibility accommodation and services], for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation and services made available, such charges as the Secretary of State may determine and may make and recover such charges as he may determine in respect of such accommodation and services and calculate them on any basis that he considers to be the appropriate commercial basis; but he shall do so only if and to the extent that he is satisfied that to do so—

(a) will not to a significant extent interfere with the performance by [F274 him of any duty imposed on him by][F274 the Authority of any function conferred on the Authority under] this Act to provide accommodation or services of any kind; and

(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than under this section.

[F275 (1A) Before determining to make any accommodation or services available as mentioned in subsection (1) above, a District or Special Health Authority shall consult organisations representative of the interests of persons likely to be affected by the determination.]

(2) [F276 The Secretary of State][F276 A District or Special Health Authority] may allow accommodation and services [F277 to which an authorisation under subsection (1) above relates to be made available][F277 which are made available under subsection (1) above to be so made available] in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a health service hospital for the treatment of private patients of that practitioner.

[X2 (3) The Secretary of State shall revoke an authorisation under this section only if and to the extent that he is satisfied that sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at health service hospitals) to meet the reasonable demand for them in the area or areas served by the hospital or hospitals in question.]

[F278 (3) The Secretary of State may give directions to a District or Special Health Authority in relation to the exercise of its functions under this section; and it shall be the duty of an authority to whom directions are so given to comply with them.]

[F279 (4) References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.]]

Editorial Information

X2 S. 65(3) beginning with “The Secretary of State may” substituted (1.4.1991) for subsection (3) beginning with “The Secretary of State shall” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(5)

Textual Amendments

F272 S. 65 substituted for ss. 65 and 66 by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(10)

F273 Words beginning with “Subject” substituted (1.4.1991) for words beginning with “If” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(2)(a)

F274 Words beginning with “the Authority” substituted (1.4.1991) for words beginning with “him of” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(2)(c)

F275 S. 65(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(3)

F276 Words beginning with “A District” substituted (1.4.1991) for “The Secretary of State” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(4)(a)

F277 Words beginning with “which are made” substituted (1.4.1991) for words beginning with “to which” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(4)(b)

F278 S. 65(3) beginning with “The Secretary of State may” substituted (1.4.1991) for subsection (3) beginning with “The Secretary of State shall” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(5)

F279 S. 65(4) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(4)

Modifications etc. (not altering text)

C32 S. 65(1): by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 25(2)(b) it is provided that for any reference to the Secretary of State in the words beginning “for patients who” and ending “to do so” preceding para. (a) there shall be substituted (1.4.1991) a reference to the District Health Authority or Special Health Authority, as the case may require

66A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F280 E+W+S

Textual Amendments

F280 S. 66A repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

67—71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F281 E+W+S

Textual Amendments

F281 Ss. 6(1)(2)(6)(7), 30(2), 59, 60, 67–71, 73–76, Sch. 4 para. 1, Sch. 15 paras. 11, 41, 68—70 repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

Use by practitioners of health service facilities for private Practice E+W+S

72 Permission for use of facilities in private practice. E+W+S

(1) A person to whom this section applies who wishes to use any relevant health service 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 health service 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—

(a) 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 this Act; and

(b) 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 the relevant health service accommodation or facilities pursuant to the permission) as the Secretary of State may from time to time determine.

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

(a) persons of any of the following descriptions who provide services under Part II of this Act, namely, medical practitioners, dental practitioners, registered pharmacists, and ophthalmic . . . F282 opticians; and

(b) other persons who provide pharmaceutical or ophthalmic services under Part II; and

(c) chiropodists who provide services under this Act at premises where services are provided under Part II.

(6) In this section—

(a) “relevant health service 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 this Act, being accommodation or facilities which that person is for the time being authorised to use for purposes of Part II; or

(b) in the case of a person to whom this section applies by virtue of paragraph (c) of subsection (5) above, accommodation or facilities which that person is for the time being authorised to use for purposes of this Act at premises where services are provided under Part II.

Textual Amendments

F282 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

Modifications etc. (not altering text)

C33 S. 72(1)(3)(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

73—76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283 E+W+S

Textual Amendments

F283 Ss. 6(1)(2)(6)(7), 30(2), 59, 60, 67–71, 73–76, Sch. 4 para. 1, Sch. 15 paras. 11, 41, 68—70 repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

Regulations as to certain charges E+W+S

77 Charges for drugs, medicines or appliances, or pharmaceutical services. E+W+S

(1) Regulations may provide for the making and recovery in such manner as may be prescribed of such charges as may be prescribed in respect of—

(a) the supply under this Act (otherwise than under Part II) of drugs, medicines or appliances (including the replacement and repair of those appliances),

(b) such of the pharmaceutical services referred to in Part II as may be prescribed,

and paragraph (a) and (b) of this subsection may include the supply of substances and appliances mentioned in paragraph (b) of section 5(1) above.

(2) Regulations under subsection (1) above may provide for the grant, on payment of such sums as may be prescribed by those regulations, of certificates conferring on the persons to whom the certificates are granted exemption from charges otherwise exigible under the regulations in respect of drugs, medicines and appliances supplied during such period as may be prescribed, and different sums may be so prescribed in relation to different periods.

(3) The additional provisions of paragraphs 1 and 4 of Schedule 12 to this Act have effect in relation to this section.

78 Charges for dental or optical appliances. E+W+S

(1) Regulations may provide for the making and recovery in such manner as may be prescribed of charges of such amounts as are mentioned in sub-paragraph (1) of paragraph 2 of Schedule 12 to this Act, in respect of the supply under the Act of such . . . F284 optical appliances as are mentioned in that sub-paragraph.

[F285 (1A) Regulations may provide for the making and recovery in such manner as may be prescribed of charges of amounts calculated in accordance with section 79A below in respect of the supply under this Act of dentures and other dental appliances of prescribed descriptions.]

(2) If the Secretary of State, after consultation with the university associated with any hospital providing facilities for clinical dental teaching, is satisfied that it is expedient in the interests of dental training or education that the charges imposed by subsection [F286 (1A)] above should be remitted in the case of dental services provided at that hospital, either generally or subject to limitations or conditions, he may by order provide for that purpose.

Any order made under this subsection may be revoked or varied by a subsequent order made by the Secretaryof State after such consultation as is mentioned above.

(3) The additional provisions of paragraphs 2 and 5 of Schedule 12 have effect in relation to this section.

Textual Amendments

F284 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F285 S. 78(1A) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(1)

F286 Word substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 5

79 Charges for dental treatment. E+W+S

(1) A charge of [F287 an amount calculated in accordance with section 79A below] may be made and recovered, in such manner as may be prescribed, in respect of any services provided as part of the general dental services under Part II of this Act, not being—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F288

(b) the repair of appliances other than prescribed appliances;

(c) the arrest of bleeding; . . . F288

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F288

The additional provisions of paragraphs 3 and 5 of Schedule 12 have effect in relation to this subsection.

(2) Regulations may provide that, in the case of such special dental treatment as may be prescribed, being treatment provided as part of the general dental services, such charges as may be prescribed may be made and recovered by the person providing the services.

Textual Amendments

F287 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(2)

F288 S. 79(a)(d) and the word “or” immediately preceding (d) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

Modifications etc. (not altering text)

C34 By Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(7) it is provided that s. 79(1) shall cease to have effect so far as it provides that a charge may not be authorised for the clinical examination of a patient and any report on that examination

[F289 79A Calculation of charges for dental appliances and treatment. E+W+S

‐

(1) Subject to the following provisions of this section, regulations may make such provision as to the amount of any charge—

(a) authorised by section 78(1A) above for the supply of dentures or other dental appliances; or

(b) authorised by section 79 above for the provision of services,

as appears to the Secretary of State to be appropriate.

(2) Without prejudice to the generality of subsection (1) above, regulations may provide that any charge which is so authorised in respect of appliances or services supplied or provided under Part II of this Act—

(a) shall be of an amount equal—

(i) to the practitioner’s remuneration in respect of the supply or provision; or

(ii) to any part of that remuneration; or

(b) shall be otherwise calculated by reference to that remuneration.

(3) Without prejudice to the generality of subsection (1) above, regulations may provide that any charge which is authorised in respect of appliances supplied otherwise than under Part II of this Act—

(a) shall be of an amount equal—

(i) to the remuneration a practitioner would receive for a supply under that Part of this Act of equivalent appliances, or

(ii) to any part of such remuneration; or

(b) shall be otherwise calculated by reference to such remuneration.

(4) The charge shall not exceed the amount which the Secretary of State considers to be the cost to the health service of the supply or provision.

(5) In this section “cost to the health service” does not include—

(a) any fee in respect of a visit by a practitioner to a patient; or

(b) any fee or part of a fee payable by a patient in pursuance of regulations under section 79(2) above or section 81(b) or 82(b) below.]

Textual Amendments

F289 S. 79A inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(3)

80 Charges for designated facilities. E+W+S

Regulations may provide for the making and recovery of charges in respect of facilities designated by the regulations as facilities provided in pursuance of paragraph (d) or paragraph (e) of section 3(1) above.

81 Charges for more expensive supplies. E+W+S

Regulations may provide for the making and recovery of such charges as may be prescribed—

(a) by the Secretary of State [F290 or an NHS trust] in respect of the supply by him [F291 or, as the case may be, by the trust] of any appliance or vehicle which is, at the request of the person supplied, of a more expensive type than the prescribed type, or in respect of the replacement or repair of any such appliance, or the replacement of any such vehicle, or the taking of any such action in relation to the vehicle as is mentioned in paragraph 1 of Schedule 2 to this Act;

(b) by persons providing general dental services . . . F292 in respect of the supply, as part of those services, of any dental . . . F292 appliance which is, at the request of the person supplied, of a more expensive type than the prescribed type or in respect of the replacement or repair of any such appliance.

Textual Amendments

F290 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 22(a)

F291 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 22(b)

F292 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

82 Charges for repairs and replacements in certain cases. E+W+S

Regulations may provide for the making and recovery of such charges as may be prescribed—

(a) by the Secretary of State [F293 or an NHS trust] in respect of the replacement or repair of any appliance or vehicle supplied by him [F294 or, as the case may be, by the trust], or

(b) by persons providing general dental services . . . F295 in respect of the replacement or repair of any dental . . . F295 appliance supplied as part of those services,

if it is determined in the prescribed manner that the replacement or repair is necessitated by an act or omission of the person supplied or (if the act or omission occurred when the person supplied was under 16 years of age) of the person supplied or of the person having charge of him when the act or omission occurred.

Textual Amendments

F293 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 22(a)

F294 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 22(b)

F295 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

83 Sums otherwise payable to those providing services. E+W+S

Regulations made—

(a) under sections 77 to 79 and under sections 81 and 82 above providing for the making and recovery of charges in respect of any services, may provide for the reduction of the sums which would otherwise be payable by a Regional Health Authority, an Area Health Authority [F296 a District Health Authority] or a Family Practitioner Committee to the persons by whom those services are provided by the amount of the charges authorised by the regulations in respect of those services;

(b) for the purposes of section 78(1) in relation to appliances provided as part of the general dental services . . . F297 under Part II of this Act, may provide for the reduction of the sums which would otherwise be payable by an Area Health Authority [F296 a District Health Authority] or a Family Practitioner Committee to the persons by whom those services are provided by the amount of the charges authorised by section 78(1) in respect of those appliances.

Textual Amendments

F296 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 64

F297 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

[F298 83A Remission and repayment of charges and payment of travelling expenses. E+W+S

(1) Regulations may provide in relation to prescribed descriptions of persons—

(a) for the remission or repayment of the whole or any part of any charges which would otherwise be payable by them in pursuance of section 77(1) above, section 78(1) [F299 or (1A)] above or section 79 above; and

(b) for the payment by the Secretary of State [F300 or an NHS trust] in such cases as may be prescribed of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their availing themselves of any services provided under this Act [F300 and]

[F301 (c) for the reimbursement by a District Health Authority to an NHS trust and, in such cases as may be prescribed to another District Health Authority, of payments made by virtue of exercising the functions conferred under paragraph (b) above].

(2) Descriptions of persons may be prescribed for the purposes of paragraph (a) or (b) of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

(a) their age;

(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

(d) their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit;

(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits; and

(f) the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.

(3) Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall be calculated—

(a) by a method set out in the regulations;

(b) by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

(c) by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

(d) by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

(4) Regulations under this section which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—

(a) as it has effect at the time when the regulations are made; or

(b) both as it has effect at that time and as amended subsequently.]

Textual Amendments

F298 S. 83A inserted by Social Security Act 1988 (c. 7, SIF 113:1), s. 14(1)

F299 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 6

F300 Words inserted and at the end of the paragraph the word “and” added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(5)(a)

F301 S. 83A(c) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(5)(b)

Inquiries, and default and emergency powers E+W+S

84 Inquiries. E+W+S

(1) The Secretary of State may cause an inquiry to be held in any case where he deems it advisable to do so in connection with any matter arising under this Act [F302 or Part I of the National Health Service and Community Care Act 1990].

(2) For the purpose of any such inquiry (but subject to subsection (3) below) the person appointed to hold the inquiry—

(a) may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and

(b) may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make a solemn affirmation.

(3) Nothing in this section—

(a) requires a person, in obedience to a summons under the section, to attend to give evidence or to produce any documents unless the necessary expenses of his attendance are paid or tendered to him; or

(b) empowers the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.

(4) Any person who refuses or deliberately fails to attend in obedience to a summons under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding [F303 level 3 on the standard scale] or to imprisonment for a term not exceeding 6 months, or to both.

(5) Where the Secretary of State causes an inquiry to be held under this section—

(a) the costs incurred by him in relation to the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) shall be paid by such local authority or party to the inquiry as he may direct, and

(b) he may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Secretary of State summarily as a civil debt.

No local authority shall be ordered to pay costs under this subsection in the case of any inquiry unless it is a party to that inquiry.

(6) Where the Secretary of State causes an inquiry to be held under this section he may make orders—

(a) as to the costs of the parties at the inquiry, and

(b) as to the parties by whom the costs are to be paid,

and every such order may be made a rule of the High Court on the application of any party named in the order.

Textual Amendments

F302 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(6)

F303 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C35 S. 84(2)–(4) applied with modifications by S.I. 1979/1644, reg. 10(8)

S. 84(2)-(4) applied (with modifications) (30.1.1998) by S.I. 1997/2817, reg. 19(1)(2), Sch. 4

Valid from 01/08/2001

[F304 84A Intervention orders E+W+S

(1) If the Secretary of State—

(a) is of the opinion that a body to which this section applies is not performing one or more of its functions adequately or at all, or that there are significant failings in the way the body is being run, and

(b) is satisfied that it is appropriate for him to intervene under this section,

he may make an order under this section in respect of the body (an “intervention order”).

(2) The bodies to which this section applies are—

(a) Health Authorities,

(b) Special Health Authorities,

(c) NHS trusts,

(d) Primary Care Trusts.

(3) An intervention order may make any provision authorised by section 84B below (including any combination of such provisions).]

Textual Amendments

F304 S. 84A inserted (1.8.2001 for E. and 17.3.2003 for W.) by 2001 c. 15, ss. 13(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)(2); S.I. 2003/713, art. 2

Valid from 01/08/2001

[F305 84B Intervention orders: effect E+W+S

(1) In this section—

(a) “member” means a member of a Health Authority, Special Health Authority or Primary Care Trust, or a member of the board of directors of an NHS trust,

(b) “employee member” means a member of a Health Authority, Special Health Authority or Primary Care Trust who is an officer of the Authority or Trust, or an executive director of an NHS trust.

(2) An intervention order may provide for the removal from office of—

(a) all the members, or

(b) those specified in the order,

and for their replacement with individuals specified in or determined in accordance with the order (who need not be the same in number as the removed individuals).

(3) An intervention order may provide for the suspension (either wholly, or in respect only of powers and duties specified in or determined in accordance with the order) of—

(a) all the members, or

(b) those specified in the order,

and for the powers of the suspended members to be exercised, and their duties performed, during their suspension by individuals specified in or determined in accordance with the order (who need not be the same in number as the suspended individuals).

(4) The powers and duties referred to in subsection (3) are, in the case of an employee member, only those which he has in his capacity as a member.

(5) An intervention order may contain directions to the body to which it relates to secure that a function of the body specified in the directions—

(a) is performed, to the extent specified in the directions, on behalf of the body and at its expense, by such person as is specified in the directions, and

(b) is so performed in such a way as to achieve such objectives as are so specified,

and the directions may require that any contract or other arrangement made by the body with that person contains such terms and conditions as may be so specified.

(6) If the person referred to in subsection (5)(a) is a body referred to in section 84A(2) above, the functions of that body include the performance of the functions specified in the directions under subsection (5); and, if that body is a Health Authority, are primary functions of the Authority.

(7) Subsection (8) applies in relation to any provision—

(a) in this Act, the National Health Service and Community Care Act 1990 (c. 19), or the Health and Social Care Act 2001; or

(b) in any order or regulations made, or directions given, under any of those Acts,

which relates to the membership of the body to which an intervention order relates (or of its board of directors, in the case of an NHS trust), or relates to its procedure.

(8) If the Secretary of State considers it appropriate, the intervention order may, in relation to any such provision specified in the order, provide—

(a) that it is not to apply in relation to the body while the order remains in force; or

(b) that it is to apply in relation to the body, while the order remains in force, with modifications specified in the order.

(9) An intervention order may contain such supplementary directions to the body to which it relates as the Secretary of State considers appropriate for the purpose of giving full effect to the order.]

Textual Amendments

F305 S. 84B inserted (1.8.2001 for E. and 17.3.2003 for W.) by 2001 c. 15, ss. 13(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a); S.I. 2003/713, art. 2

85 Default powers. E+W+S

(1) Where the Secretary of State is of opinion, on complaint or otherwise, that—

(a) any Regional Health Authority;

(b) any Area Health Authority;

[F306 (bb) any District Health Authority;]

(c) any special health authority;

(d) any Family Practitioner Committee;

[F307 (e) [F308 an NHS trust]]

(f) the Medical Practices Committee; or

(g) the Dental Estimates Board;

have failed to carry out any functions conferred or imposed on them by or under this Act [F309 or Part I of the National Health Service and Community Care Act 1990], or have in carrying out those functions failed to comply with any regulations or directions relating to those functions, he may after such inquiry as he may think fit make an order declaring them to be in default.

(2) [F310 The members of the body in default shall] forthwith vacate their office, and the order—

(a) shall provide for the appointment, in accordance with the provisions of this Act, of new members of the body; and

(b) may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment of new members.

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F311

(5) An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient, including—

(a) provision for the transfer to the Secretary of State of property and liabilities of the body in default; and

(b) where any such order is varied or revoked by a subsequent order, provision in the revoking order or a subsequent order for the transfer to the body in default of any property or liabilities acquired or incurred by the Secretary of State in discharging any of the functions transferred to him.

Textual Amendments

F306 S. 85(1)(bb) inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 65

F307 S. 85(1)(e) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F308 S. 85(1)(e) substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(7)(a)

F309 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(7)(a)

F310 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(7)(b)

F311 S. 85(3)(4) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 18(7)(c), Sch. 10

Modifications etc. (not altering text)

C36 S. 85(3)–(5) extended by Mental Health Act 1983 (c. 20, SIF 85), Ss. 124(2), 131(1) (the said s. 124 repealed (prosp.) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), ss. 66(2), 67(2), Sch. 10)

86 Emergency powers. E+W+S

If the Secretary of State—

(a) considers that by reason of an emergency it is necessary, in order to ensure that a service falling to be provided in pursuance of this Act [F312 or Part I of the National Health Service and Community Care Act 1990] is provided, to direct that during the period specified by the directions a function conferred on any body or person by virtue of this Act [F312 or that Part] shall to the exclusion of or concurrently with that body or person be performed by another body or person, then

(b) he may give directions accordingly and it shall be the duty of the bodies or persons in question to comply with the directions.

The powers conferred on the Secretary of State by this section are in addition to any other powers exercisable by him.

Textual Amendments

F312 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(8)

Modifications etc. (not altering text)

C37 S. 86 amended (1.4.1998 to the extent it relates to pilot schemes under which personal medical services are provided otherwise 1.10.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 21; S.I. 1998/631, art. 2(a)(b), Schs. 1 2 (with arts. 3-5); S.I. 1998/1998, art. 2(2), Schs. 1 2

Part IV E+W+S Property and Finance

Land and other Property E+W+S

87 Acquisition, use and maintenance of property. E+W+S

(1) The Secretary of State may acquire—

(a) any land, either by agreement or compulsorily,

(b) any other property,

required by him for the purposes of this Act; and (without prejudice to the generality of paragraph (a) above) land may be so acquired to provide residential accommodation for persons employed for any of those purposes.

(2) The Secretary of State may use for the purposes of any of the functions conferred on him by this Act any property belonging to him by virtue of this Act, and he has power to maintain all such property.

(3) A local social services authority may be authorised to purchase land compulsorily for the purposes of this Act by means of an order made by the authority and confirmed by the Secretary of State.

[F313 (4) The M38 Acquisition of Land Act 1981 shall apply to the compulsory purchase of land under this section]

(5) Section 120(3) of the M39 Local Government Act 1972 (which relates to the application of Part I of the M40 Compulsory Purchase Act 1965 where a council are authorised to acquire land by agreement) applies to the acquisition of land by the Secretary of State under this section in like manner as it applies to such acquisition by a council under that section.

[F314 (6) Sections 238 and 239 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) shall apply to consecrated land or, as the case may be, land comprised in a burial ground (within the meaning of section 240 of that Act) which—

(a) the Secretary of State holds for the purposes of the health service, and

(b) has not been the subject of a relevant acquisition (within the meaning of that section) by the Secretary of State,

as if that land had been the subject of such an acquisition by him for those purposes.]

Textual Amendments

F313 S. 87(4) substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 28

F314 S. 87(6) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 40

Modifications etc. (not altering text)

C38 S. 87(1)(2): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

Marginal Citations

M38 1981 c. 67(28:1).

M39 1972 c. 70(81:1).

M40 1965 c. 56(28:1).

88 Transferred property free of trusts. E+W+S

(1) All property vested in the Secretary of State in consequence of the transfer of that property under section 6 of the M41 National Health Service Act 1946 (transfer of hospitals) [F315 is so vested] free of any trust existing immediately before that transfer.

(2) The Secretary of State may use any such property for the purpose of any of his functions under this Act, but he shall so far as practicable secure that the objects for which any such property was used immediately before that transfer are not prejudiced by [F315 the exercise of the power hereby conferred].

Textual Amendments

F315 Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 66

Marginal Citations

M41 1946 c. 81.

89 Power of voluntary organisations to transfer property. E+W+S

(1) Notwithstanding anything contained—

(a) in the constitution or rules of any voluntary organisation formed for the purpose of providing a service of nurses for attendance on the sick in their own homes, or of midwives, or

(b) in any trust deed or other instrument relating to such organisation or service,

any property vested in the organisation or held by any persons on trust for the organisation or service or for any specific purposes connected with the organisation or service may be transferred to the Secretary of State, on such terms as may be agreed between him and the organisation or trustees, with a view to the property being used or held by him for purposes similar to the purposes for which it was previously used or held.

Trusts E+W+S

90 Gifts on trust. E+W+S

—A health authority has power to accept, hold and administer any property on trust for all or any purposes relating to the health service.

91 Private trusts for hospitals. E+W+S

(1) Where—

(a) the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any health service hospital, then

(b) the trust instrument shall be construed as authorising or (as the case may be) requiring the trustees to apply the trust property to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate hospital authority.

(2) Any sum so paid to the appropriate hospital authority shall, so far as practicable, be applied by them for the purpose specified in the trust instrument.

(3) In this section “the appropriate hospital authority” means—

(a) where special trustees are appointed for the hospital, those trustees;

[F316 (aa) where the hospital is owned and managed by an NHS trust and trustees have been appointed for the NHS trust, those trustees;

(ab) where the hospital is owned and managed by an NHS trust and neither paragraph (a) nor paragraph (aa) above applies, the NHS trust;]

(b) in any other case, the . . . F317 [F318 District] Health Authority exercising functions on behalf of the Secretary of State in respect of the hospital.

(4) Nothing in this section applies to a trust for a special hospital, or to property transferred under section 24 of the M42 National Health Service Reorganisation Act 1973.

Textual Amendments

F316 S. 91(3)(aa)(bb) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(4)

F317 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F318 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 67

Marginal Citations

M42 1973 c. 32(113:2).

92 Further transfers of trust property. E+W

(1) The Secretary of State may, having regard to any change or proposed change in the arrangements for the administration of a hospital [F319 or other establishment or facility] or in the area or functions of any health authority, by order provide for the transfer of any trust property from any health authority [F320 NHS trust, special trustees or trustees for an NHS trust] to any other health authority [F320 NHS trust, special trustees or trustees for an NHS trust].

(2) If it appears to the Secretary of State at any time that all the functions of any special trustees should be discharged by one or more health authorities [F321 or NHS trusts] then, whether or not there has been any such change as is mentioned in subsection (1) above, he may by order provide for the transfer of all trust property from the special trustees to the health authority [F322 or NHS trust], or, in such proportions as he may specify in the order, to those health authorities [F321 or NHS trusts].

(3) Before so acting the Secretary of State shall consult the health authorities [F321 or NHS trusts] and special trustees concerned.

(4) Where by an order under this section, property is transferred to two or more authorities [F321 or NHS trusts], it shall be apportioned by them in such proportions as they may agree or as may in default of agreement be determined by the Secretary of State, and the order may provide for the way in which the property is to be apportioned.

(5) Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.

[F323 (6) If it appears to the Secretary of State at any time that—

(a) the functions of any special trustees should be discharged by the trustees for an NHS trust, or

(b) the functions of the trustees for an NHS trust should be discharged by special trustees,

then, whether or not there has been any such change as is mentioned in subsection (1) above, he may, after consulting the special trustees and the trustees for the NHS trust, by order provide for the transfer of all trust property from or to the special trustees to or from the trustees for the NHS trust.]

Textual Amendments

F319 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(a)

F320 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(a)

F321 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(b)

F322 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(c)

F323 S. 92(6) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(5)(d)

Modifications etc. (not altering text)

C39 S. 92 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 301, Sch. 6 para. 7(2)

93 Trust property previously held for general hospital purposes. E+W+S

(1) This section applies—

(a) to property transferred under section 23 of the M43 National Health Service Reorganisation Act 1973 (winding-up of hospital endowments funds), and

(b) to property transferred under section 24 of that Act (transfer of trust property from abolished authorities) which immediately before the day appointed for the purposes of that section was, in accordance with any provision contained in or made under section 7 of the M44 National Health Service Act 1946, applicable for purposes relating to hospital services or relating to some form of research,

and this section continues to apply to the property after any further transfer under section 92 above.

(2) The person holding the property after the transfer or last transfer shall secure, so far as is reasonably practicable, that the objects of any original endowment and the observance of any conditions attached to that endowment, including in particular conditions intended to preserve the memory of any person or class of persons, are not prejudiced by this Part of this Act, or Part II of that Act of 1973.

In this subsection “original endowment” means a hospital endowment which was transferred under section 7 of that Act of 1946 and from which the property in question is derived.

(3) Subject to subsection (2) above, the property shall be held on trust for such purposes relating to hospital services (including research), or to any other part of the health service associated with any hospital, as the person holding the property thinks fit.

(4) Where the person holding the property is a body of special trustees, the power conferred by subsection (3) above shall be exercised as respects the hospitals for which they are appointed.

Modifications etc. (not altering text)

C40 S. 93(1)(2) extended (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 4(1)(2), 8(1), Sch. 2 para. 5(3) (with Sch. 2 para. 6)

Marginal Citations

M43 1973 c. 32(113:2).

M44 1946 c. 81.

94 Application of trust property: further provisions. E+W+S

(1) Any discretion given by a trust instrument to the trustees of property transferred under—

(a) section 24 of the M45 National Health Service Reorganisation Act 1973 (transfer of trust property from abolished authorities),

(b) section 25 of that Act (transfer of trust property held for health services by local health authorities),

(c) section 92 above,

shall be exercisable by the person to whom the property is so transferred and, subject to section 93 above and the following provisions of this section, the transfer shall not affect the trusts on which property is held.

(2) Where—

(a) property has been transferred under section 24 of that Act of 1973, and

(b) any discretion is given by a trust instrument to the trustees to apply the property, or income arising from the property, to such hospital services (including research) as the trustees think fit without any restriction on the kinds of hospital services and without any restriction to one or more specified hospitals,

the discretion shall be enlarged so as to allow the application of the property or (as the case may be) of the income arising from the property, to such extent as the trustees think fit, for any other part of the health service associated with any hospital.

(3) Subsection (2) above shall apply on any subsequent transfer of the property under section 92 above.

Modifications etc. (not altering text)

C41 S. 94(1)(3) extended (E.W.) (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 4(1)(2), 8(1), Sch. 2 para. 5(3) (with Sch. 2 para. 6)

Marginal Citations

M45 1973 c. 32(113:2).

95 Special trustees for a university or teaching hospital. E+W+S

(1) The bodies of trustees (in this Act referred to as special trustees) appointed by the Secretary of State under section 29 of the National Health Service Reorganisation Act 1973 [F324 or] this section shall (subject to section 92 above) hold and administer the property transferred to them under that Act of 1973.

The special trustees so appointed are bodies of trustees appointed for the hospital or hospitals which, immediately before the day appointed for the purposes of section 29 of that Act of 1973, were controlled and managed by a University Hospital Management Committee or a Board of Governors, but excluding—

(a) a body on whose request an order was made under section 24(2) of that Act of 1973;

(b) a preserved Board within the meaning of section 15(6) of that Act of 1973.

(2) Special trustees have power to accept, hold and administer any property on trust for all or any purposes relating to hospital services (including research), or to any other part of the health service associated with hospitals, being a trust which is wholly or mainly for hospitals for which the special trustees are appointed.

(3) The number of trustees for any hospital or hospitals shall be such as the Secretary of State may from time to time determine after consultation with such persons as he considers appropriate.

(4) The term of office of any special trustee shall be fixed by the Secretary of State but a special trustee may be removed by the Secretary of State at any time during the special trustee’s term of office.

Textual Amendments

F324 Word substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 68

96 Trusts: supplementary provisions. E+W+S

(1) Any provision in sections 90 to 95 above for the transfer of any property includes provision for the transfer of any rights and liabilities arising from that property.

[F325 (1A) Where any transfer of property by virtue of those sections is of, or includes,—

(a) land held on lease from a third party, that is to say, a person other than the Secretary of State or a health authority, or

(b) any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.]

(2) Nothing in those sections shall affect any power of Her Majesty, the court (as defined in the M46 Charities Act 1960) or any other person to alter the trusts of any charity.

(3) Nothing in section 12 of the M47 Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to sections 90 to 95 above or to an order made in pursuance of any of those sections; and stamp duty shall not be payable on such an order.

Textual Amendments

F325 S. 96(1A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(6)(b)

Modifications etc. (not altering text)

C42 S. 96 amended by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(6)

Marginal Citations

M46 1960 c. 58(19).

M47 1895 c. 16(114).

[F326 96A Power of health authorities, etc. to raise money, etc., by appeals, collections, etc. E+W+S

(1) A health authority [F327 or NHS trust] shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist the authority [F327 or NHS trust] in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health service or to assist them in connection with their functions with respect to research.

(2) A Board of Governors of a teaching hospital shall, so long as it is a preserved Board by virtue of section 15 of the M48 National Health Service Reorganisation Act 1973, have the like power in relation to services, facilities or accommodation provided or to be provided at or by the hospital or their functions with respect to research.

(3) Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities and the activities may involve the use of land, premises or other property held by or for the benefit of the health [F328 authority, NHS trust or Board] exercising the power subject however to any restrictions on the purposes for which trust property may be used.

(4) Subject to the following provisions of this section, the health [F328 authority, NHS trust or Board] at whose instance property is given in pursuance of this section shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.

(5) Where property is given in pursuance of this section to or on trust for any purposes of a hospital for which special trustees have been appointed, the property may be held, administered and applied by the special trustees instead of by the [F329 body responsible for the hospital if that body and the special trustees agree; and in this subsection the body responsible for a hospital is,—

(a) in the case of a hospital vested in a NHS trust, that trust; and

(b) in any other case, the District Health Authority exercising functions on behalf of the Secretary of State in respect of the hospital]

[F330 (5A) Where property is given in pursuance of this section on trust for any purposes of an NHS trust for which trustees have been appointed under section 11(1) of the National Health Service and Community Care Act 1990, then, if those trustees and the NHS trust agree, the property may be held, administered and applied by those trustees instead of by the NHS trust.]

(6) Property given in pursuance of this section on trust may be transferred to another health authority [F331 to an NHS trust or to special trustees or trustees for an NHS trust] by order of the Secretary of State under section 92 above in the same circumstances as other trust property may be transferred under that section, and sections 94 and 96 above shall apply as they apply to other trust property transferred under the said section 92.

(7) Where property held by a health [F332 authority, NHS trust or Board] under this section is more than sufficient to enable the purpose for which it was given to be fulfilled the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the authority or Board as the [F332 authority, NHS trust or Board] think fit.

(8) Where property held by a health [F332 authority, NHS trust or Board] under this section is insufficient to enable the purpose for which it was given to be fulfilled then—

(a) the [F332 authority, NHS trust or Board] may apply so much of the capital or income at their disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purpose for which the trust property may be applied and, in the case of money paid or payable by the Secretary of State or by a Regional Health Authority under section 97 below, to any directions he or that Authority may give; but

(b) where the capital or income applicable under paragraph (a) above is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the health [F332 authority, NHS trust or Board] shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the authority or Board as the [F332 authority, NHS trust or Board] think fit.

(9) Where under subsection (7) or (8) above property becomes applicable for purposes other than that for which it was given the [F332 authority, NHS trust or Board] shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.

(10) In this section “special trustees” has the same meaning as in section 95 above and references to the purposes for which trust property may be used or applied are to be taken, in the case of trust property which has been transferred under section 92 above, to include references to those purposes as enlarged by section 94 above.]

Textual Amendments

F326 S. 96A inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 5(1)

F327 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(1)

F328 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(2)

F329 Words and subsections (a)(b) substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(3)

F330 S. 96A(5A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(4)

F331 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(5)

F332 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 23(2)

Marginal Citations

M48 1973 c. 32(113:2).

Valid from 04/01/2000

[F333 96B Trust-funds and trustees for Primary Care Trusts. E+W+S

(1) The Secretary of State may by order provide for the appointment of trustees for any Primary Care Trust.

(2) Trustees for a Primary Care Trust may accept, hold and administer any property on trust—

(a) for the general or any specific purposes of the Primary Care Trust (including the purposes of any specific hospital or other establishment or facility which is managed by the trust), or

(b) for all or any purposes relating to the health service.

(3) An order under subsection (1) above may—

(a) make provision as to the persons by whom trustees are to be appointed and generally as to the method of their appointment,

(b) provide for any appointment to be subject to any conditions specified in the order (including conditions requiring the consent of the Secretary of State),

(c) make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with any persons he considers appropriate, and

(d) make provision about the term of office of any trustee and his removal from office.

(4) Where trustees have been appointed for a Primary Care Trust under subsection (1) above, the Secretary of State may by order provide for the transfer of any trust property from the Primary Care Trust to the trustees so appointed.]

Textual Amendments

F333 S. 96B inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 7, 67; S.I. 1999/2342, art. 2(3), Sch. 2

Valid from 01/08/2001

[F334 Companies E+W+S

Textual Amendments

F334 S. 96C and cross-heading inserted (1.8.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 4, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)

[F335 96C Public-private partnerships E+W+S

(1) The Secretary of State may form, or participate in forming, companies to provide facilities or services for—

(a) persons or bodies exercising functions, or otherwise providing services, under this Act; or

(b) NHS trusts.

(2) The Secretary of State may, with a view to securing or facilitating the provision by companies of facilities or services for persons or bodies falling within subsection (1)(a) or (b)—

(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or

(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,

or both.

(3) For the purposes of subsections (1) and (2) above it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—

(a) only to persons or bodies falling within subsection (1)(a) or (b); or

(b) to persons or bodies falling within subsection (1)(a) only in their capacities as persons or bodies such as are mentioned in that provision.

(4) In this section—

• “companies” means companies within the meaning of the Companies Act 1985 (c. 6);

• “facilities” includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus.

(5) This section is without prejudice to any powers of the Secretary of State exercisable otherwise than by virtue of this section.]]

Textual Amendments

F335 S. 96C inserted (1.8.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 4, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)

Finance and Accounts E+W+S

[F336 97 Means of meeting expenditure of health authorities out of public funds. E+W+S

(1) It is the Secretary of State’s duty to pay in respect of each financial year—

(a) to each Regional Health Authority or, in Wales, to each Area Health Authority and each District Health Authority sums not exceeding the amount allotted . . . F337 by him to the Authority for that year towards meeting the expenditure attributable to the performance by the Authority of their functions in that year [F338 including, in the case of a Regional Health Authority, its functions with respect to such expenditure of Family Health Services Authorities in relation to which it is the relevant Regional Health Authority as—

(i) is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act and is of a description specified in the allotment, and

(ii) is attributable to the performance by the Family Health Services Authority of their functions in that year];

[F339 (aa) to each Regional Health Authority sums equal to any such expenditure of Family Health Services Authorities in relation to which it is the relevant Regional Health Authority as is attributable to the remuneration of persons providing services in pursuance of Part II of this Act and is not of a description specified as mentioned in paragraph (a) above]

[F340 (b) to each [F341 Family Practitioner Committee][F341 Family Health Services Authority whose locality is in Wales]—

(i) sums not exceeding the amount allotted by him to the Committee for that year towards meeting the expenditure attributable to the performance by the Committee of their functions in that year;]

[F342 (ii) for any kind of expenditure attributable to reimbursement of expenses of persons providing services in pursuance of Part II of this Act for which he allots an amount to the Committee, an amount not exceeding the amount so allotted;

(iii) for any other expenditure attributable to remuneration of persons providing such services, sums equal to that expenditure;]

(c) to each special health authority sums not exceeding the amount allotted . . . F337 by him to the authority for that year towards meeting the expenditure attributable to the performance by the authority in that year of their functions under this Act.

(2) Subject to subsection (3) below, it is the duty of every Regional Health Authority to pay in respect of each financial year [F343 to each Area Health Authority and each District Health Authority whose area or district is included in the region sums not exceeding the amount allotted . . . F337 by the Regional Health Authority to the Area or District Health Authority for that year towards meeting the expenditure attributable to the performance by the Authority of their functions in that year.]

[F343 (a) to each District Health Authority whose district is included in the region sums not exceeding the amount allotted by the Regional Health Authority to the District Health Authority for that year towards meeting the expenditure attributable to the performance by the District Health Authority of their functions in that year; and

(b) to each Family Health Services Authority in relation to which it is the relevant Regional Health Authority—

(i) sums equal to the expenditure referred to in subsection (1)(aa) above; and

(ii) sums not exceeding the amount allotted by the Regional Health Authority to the Family Health Services Authority for that year towards meeting other expenditure attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act and to the performance by the Family Health Services Authority of their functions in that year.]

[F344 (2A) The date on which an allotment to an authority under subsection (1) or (2) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the authority are notified of its amount by the Secretary of State or, as the case may be, the Regional Health Authority.]

[F345 (3) The Secretary of State may give directions

[F346 (a)] to a Regional [F347 or Special] Health Authority or Family [F348 Practitioner Committee][F348 Health Services Authority whose locality is in Wales] or to a District Health Authority whose district is in Wales with respect to the application of sums paid to them under subsection (1) above [F349 and

(b) to a District Health Authority in England with respect to the payment of sums by them to the Regional Health Authority in respect of charges or other sums referable to the valuation or disposal of assets; and

(c) to a Regional Health Authority with respect to the application of sums received by them by virtue of paragraph (b) above or by virtue of section 15(7)(a) of the National Health Service and Community Care Act 1990.]]

(4) Where directions have been given under subsection (3) above to a Regional Health Authority with respect to the application of the sums paid to the Authority under subsection (1) above, the Regional Health Authority may give directions to [F350 an Area Health Authority or District Health Authority whose area or district is in the region with respect to the application of any sums paid out of those sums to the Area Health Authority or District Health Authority under subsection (2) above][F350 a District Health Authority whose district is included in the region or a Family Health Services Authority in relation to which it is the relevant Regional Health Authority with respect to the application of any sum paid out of those sums to the District Health Authority or the Family Health Services Authority under subsection (2) above].

(5) It shall be the duty of any health authority [F351 or Family Practitioner Committee] to whom directions have been given under subsection (3) or (4) above to comply with the directions.

(6) Where an order establishing a special health authority provides for any expenditure of the authority to be met by a Regional, . . . F352 or District Health Authority or by two or more such Authorities in portions determined by or in accordance with the order, it is the duty of each Authority in question to pay to the special health authority sums equal to, or to the appropriate portion of, that expenditure.

(7) Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]

Textual Amendments

F336 Ss. 97, 97A substituted for s. 97 by Health Services Act 1980 (c. 53, SIF 113:2), s. 6(1)(5) in relation to the financial year 1980 to 1981 and subsequent years

F337 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F338 Words added (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(2)(a)

F339 S. 97(1)(aa) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(2)(b)

F340 S. 97(1)(b) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 9(a)

F341 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(2)(c)

F342 S. 97(1)(b)(ii)(iii) substituted for subsection (1)(b)(ii) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 16(1)

F343 S. 97(2)(a)(b) substituted (1.4.1991) for the words following “each financial year” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(3)

F344 S. 97(2A) inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 6(1)

F345 S. 97(3) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 9(b)

F346 “(a)” inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(a)

F347 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(b)

F348 Words commencing “Health Services Authority” substituted (1.4.1991) for the words “Practitioner Committee” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(b)

F349 S. 97(3)(b)(c) and the word “and” immediately preceding (b) added (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(4)(c)

F350 Words commencing “a District Health Authority whose” ending “(2) above” substituted (1.4.1991) for words commencing “an Area Health Authority” onwards by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 19(5)

F351 Words inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 9(c)

F352 Word repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

97A Financial duties of health authorities. E+W+S

(1) It is the duty of every Regional Health Authority, in respect of each financial year, so to perform their functions as to secure that [F353 the expenditure attributable to the performance by the Regional Health Authority and the Area Health Authorities and District Health Authorities whose areas or districts are in the region of their functions in that year does not exceed the aggregate of—

(a) the amounts allotted to the Regional Health Authority for that year under section 97(1) above;

(b) any other sums received under this Act in that year by the Regional Health Authority or the Area Health Authorities or District Health Authorities whose areas or districts are in the region; and

(c) any sums received otherwise than under this Act in that year by any of those Authorities for the purpose of enabling the Authority to defray any such expenditure.]

[F353 (a) the expenditure attributable to the performance by the Regional Health Authority of its functions in that year, and

(b) the expenditure attributable to the performance by the District Health Authorities whose districts are in the region of their functions in that year, and

(c) the expenditure attributable to the performance by each Family Health Services Authority in relation to which the Regional Health Authority is the relevant Regional Health Authority of the Family Health Services Authority’s functions in that year, other than expenditure falling within section 97(1)(aa) above,

does not exceed the aggregate of—

(i) the amounts allotted to the Regional Health Authority for that year under section 97(1)(a) above;

(ii) any other sums received under this Act, other than under section 97(1)(aa) above, in that year by the Regional Health Authority or by the District Health Authorities or Family Health Services Authorities concerned; and

(iii) any sums received otherwise than under this Act in that year by any of those Authorities for the purpose of enabling them to defray any such expenditure.]

(2) It is the duty of every [F354 Area Health Authority and every District Health Authority][F354 District Health Authority and every Family Health Services Authority], in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of their functions in that year does not exceed the aggregate of—

(a) the amounts allotted to the Authority for that year under section 97(1) or (2) above [F355 other than section 97(1)(aa)];

(b) any other sums received by the Authority under this Act in that year; and

(c) any sum received otherwise than under this Act in that year by the Authority for the purpose of enabling the Authority to defray any such expenditure.

(3) It is the duty of every special health authority, in respect of each financial year, so to perform their functions under this Act as to secure that the expenditure attributable to the performance of their functions in that year does not exceed the aggregate of—

(a) the amount allotted to the authority for that year under section 97(1) above;

(b) any other sums received by the Authority under this Act in that year; and

(c) any sums received otherwise than under this Act in that year by the authority for the purpose of enabling the authority to defray any such expenditure.

(4) The Secretary of State may give such directions to a health authority [F356 or Family Health Services Authority] as appear to him to be requisite to secure that the authority comply with the duty imposed on them by subsection (1), (2) or (3) above and it shall be the duty of the authority to comply with the directions.

Directions under this subsection may be specific in character.

(5) To the extent to which—

(a) any expenditure is defrayed by a health authority as trustee or on a health authority’s behalf by special trustees; or

(b) any sums are received by a health authority as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section and, for those purposes, sums which, in the hands of an authority, cease to be trust funds and become applicable by the authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the authority otherwise than as trustee.

(6) Of the sums received by a health authority under section 96A above so much only as accrues to the authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (5) above.

(7) Subject to subsection (5) above, the Secretary of State may, by directions, determine—

(a) whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by an authority of a description so specified;

(b) whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to the performance of functions by an authority of a description so specified; or

(c) the extent to which and the circumstances in which sums received but not yet spent by an authority under section 97(1) or (2) above are to be treated for the purposes of this section as part of the expenditure of the authority and to which financial year’s expenditure they are to be attributed.

Textual Amendments

F353 S. 97A(1)(a)(b)(c) substituted (1.4.1991) for words by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 13(2)

F354 Words commencing “Area Health Authority” substituted (1.4.1991) for words commencing “District Health Authority” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 13(3)(a)

F355 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 13(3)(b)

F356 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 13(4)

Valid from 22/12/2000

[F357 97AA Resource limits for Health Authorities and Special Health Authorities. E+W+S

(1) It is the duty of every Health Authority and every Special Health Authority to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Secretary of State.

(2) In the application of subsection (1) above to a Health Authority no account shall be taken of any use of resources for the purpose of general Part II expenditure (within the meaning of paragraph 1 of Schedule 12A).

(3) For the purpose of subsection (1) above the Secretary of State may give directions—

(a) specifying uses of resources which are to be, or not to be, taken into account;

(b) making provision for determining to which Health Authority or Special Health Authority certain uses of resources are to be attributed;

(c) specifying descriptions of resources which are to be, or not to be, taken into account.

(4) Subsections (6) to (8) of section 97A above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(5) The provisions in section 97A(3) and (4) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2).

(6) Where the Secretary of State has specified an amount under this section in respect of a financial year, he may vary the amount by a later specification.

(7) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

Textual Amendments

F357 S. 97AA inserted (22.12.2000 for E. for specified purposes, 1.4.2001 for other specified purposes and otherwise prosp) by 2000 c. 20, ss. 12(1), 30; S.I. 2000/3349, arts. 2(c), 3(1)(a), 4 (with transitional provisions in art. 5)

Modifications etc. (not altering text)

C43 S. 97AA amended (W.) (prosp.) by 2000 c. 20, ss. 12(2), 30

[F358 97B Financial duties of Family Practitioner Committees. E+W+S

(1) It is the duty of every [F359 Family Practitioner Committee][F359 Family Health Services Authority whose locality is in Wales], in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of those functions in that year, other than expenditure [F360 such as is mentioned in section 97(1)(b)(iii) above], does not exceed the aggregate of—

(a) the amounts allotted to the Committee for that year under section 97(1) above;

(b) any other sums received by the Committee under this Act in that year; and

(c) any sums received otherwise than under this Act in that year by the Committee for the purpose of enabling the Committee to defray any such expenditure

[F361 and any reference in subsections (2) and (4) below to a Family Health Services Authority is a reference to an Authority whose locality is in Wales].

(2) The Secretary of State may give such directions to a Family Practitioner Committee as appear to him to be requisite to secure that the Committee comply with the duty imposed on them by subsection (1) above and it shall be the duty of the Committee to comply with the direction.

(3) Directions under subsection (2) above may be specific in character.

(4) The Secretary of State may, by directions, determine—

(a) whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by a Family Practitioner Committee for the purpose of their functions;

(b) whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to a Family Practitioner Committee’s performance of their functions; or

(c) the extent to which and the circumstances in which sums received but not yet spent by a Family Practitioner Committee under section 97(1) above are to be treated for the purposes of this section as part of the expenditure of the Committee attributable to the performance of their functions and to which financial year’s expenditure in the performance of such functions they are to be attributed.]

Textual Amendments

F358 S. 97B inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 10

F359 Words commencing “Family Health Services” substituted (1.4.1991) for the words “Family Practitioner Committee” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 13(5)(a)

F360 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 16(2)

F361 Words added (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 13(5)(b)

Valid from 01/04/2000

[F362 97C Public funding of Primary Care Trusts. E+W+S

(1) It is the duty of every Health Authority, in respect of each financial year, to pay to each Primary Care Trust whose area falls within their area—

(a) sums equal to the trust’s general Part II expenditure, and

(b) sums not exceeding the amount allotted by the authority to the trust for that year towards meeting the trust’s main expenditure in that year.

(2) Any payment under subsection (1)(a) above shall be made out of money paid to the Health Authority under subsection (1) of section 97 above and any payment under subsection (1)(b) above shall be made out of money paid to the authority under subsection (3) of that section.

(3) An amount is allotted to a Primary Care Trust for a year under this section when the trust is notified by the Health Authority that the amount is allotted to it for that year; and the Health Authority may make an allotment under this section increasing or reducing an allotment previously so made.

(4) The Secretary of State may give directions to a Primary Care Trust about the payment of sums by the trust to the Health Authority in whose area the area of the trust falls in respect of charges or other sums referable to the valuation or disposal of assets.

(5) Where any part of a sum paid to a Primary Care Trust by a Health Authority under subsection (1) above derives from a sum which was paid to the authority under subsection (1) or (3) of section 97 above subject to a direction (under subsection (6)(a) of that section) that it be applied for a particular purpose, the authority shall direct the trust that the sum paid to the trust shall be applied for the same purpose.

(6) Sums falling to be paid to Primary Care Trusts under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]

Textual Amendments

F362 S. 97C inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwiseprosp.) by 1999 c. 8, ss. 3, 67; S.I. 1999/2342, art. 2(4), Sch. 3

Valid from 01/04/2000

F363 97D Financial duties of Primary Care Trusts. E+W+S

(1) It is the duty of every Primary Care Trust, in respect of each financial year, to perform its functions so as to secure that the expenditure of the trust which is attributable to the performance by the trust of its functions in that year (not including expenditure within subsection (1)(a) of section 97C above) does not exceed the aggregate of—

(a) the amount allotted to it for that year under subsection (1)(b) of that section,

(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that section), and

(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

(2) The Secretary of State may give such directions to a Primary Care Trust as appear to be requisite to secure that the trust complies with the duty imposed on it by subsection (1) above.

(3) Directions under subsection (2) above may be specific in character.

(4) To the extent to which—

(a) any expenditure is defrayed by a Primary Care Trust as trustee or on behalf of a Primary Care Trust by special trustees, or

(b) any sums are received by a Primary Care Trust as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section.

(5) For the purposes of this section sums which, in the hands of a Primary Care Trust, cease to be trust funds and become applicable by the Primary Care Trust otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Primary Care Trust otherwise than as trustee.

(6) Of the sums received by a Primary Care Trust under section 96A above so much only as accrues to the Primary Care Trust after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above.

(7) Subject to subsection (4) above, the Secretary of State may by directions determine—

(a) whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Primary Care Trust,

(b) whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Primary Care Trust, or

(c) the extent to which, and the circumstances in which, sums received by a Primary Care Trust under section 97C above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Primary Care Trust and to which financial year’s expenditure they are to be attributed.

(8) In subsection (7) above, “specified” means of a description specified in the directions.

Textual Amendments

F363 s. 97D inserted (1.4.2000 for E. for the purposes of the financial year 2000-2001 and subsequent financial years and otherwiseprosp.) by 1999 c. 8, ss. 3, 67; S.I. 1999/2342, art. 2(4), Sch. 3

Valid from 22/12/2000

[F364 97E Resource limits for Primary Care Trusts. E+W+S

(1) It is the duty of every Primary Care Trust to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Health Authority for the trust’s area.

(2) For the purpose of subsection (1) above no account shall be taken of any use of resources for the purpose of a trust’s general Part II expenditure (within the meaning of paragraph 4 of Schedule 12A).

(3) For the purpose of subsection (1) above the Secretary of State may give directions—

(a) specifying uses of resources which are to be, or not to be, taken into account;

(b) making provision for determining to which Primary Care Trust certain uses of resources are to be attributed;

(c) specifying descriptions of resources which are to be, or not to be, taken into account.

(4) Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

(5) Subsections (4) to (6) of section 97D above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(6) The provisions in section 97D(2) and (3) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1).

(7) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

Textual Amendments

F364 S. 97E inserted (22.12.2000 for E. for specified purposes, 1.4.2001 for other specified purposes and otherwiseprosp.) by 2000 c. 20, ss. 13(1), 30; S.I. 2000/3349, arts. 2(c), 3(1)(a), 4 (with transitional provisions in art. 5)

Modifications etc. (not altering text)

C44 S. 97E amended (W.) (22.12.2000 for E. for specified purposes, 1.4.2001 for other specified purposes and otherwiseprosp.) by 2000 c. 20, ss. 13(1), 30; S.I. 2000/3349, arts. 2(c), 3(1)(a), 4 (with transitional provisions in art. 5)

Valid from 10/10/2002

[F365 97F Public funding of Local Health Boards E+W+S

(1) It is the duty of the National Assembly for Wales, in respect of each financial year, to pay to each Local Health Board—

(a) sums equal to their general Part 2 expenditure; and

(b) sums not exceeding the amount allotted by the National Assembly for Wales to the Local Health Board for that year towards meeting the Board’s main expenditure in that year.

(2) In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) above (or in varying the amount under subsection (7) below), the National Assembly for Wales may take into account, in whatever way the Assembly thinks appropriate—

(a) the Board’s general Part 2 expenditure; and

(b) expenditure which would have been the Board’s general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of that expenditure as it thinks appropriate).

(3) Where the National Assembly for Wales has made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Local Health Board under subsection (1)(b) above, the Assembly may increase the initial amount by a further sum if it appears to it that over a period notified to the Board—

(a) the Board satisfied any objectives notified to it as objectives to be met in performing its functions; or

(b) it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).

(4) In subsection (3) above, “notified” means specified or referred to in a notice given to the Local Health Board by the National Assembly for Wales.

(5) In making any increase under subsection (3) above, the National Assembly for Wales may (whether by directions under subsection (8) below or otherwise) impose any conditions it thinks fit on the application or retention by the Local Health Board of the sum in question.

(6) Where the National Assembly for Wales has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Local Health Board and notified the Board of the allotment and it subsequently appears to the Assembly that the Board has failed (wholly or in part) to satisfy any conditions imposed in making that increase, the Assembly may—

(a) reduce the allotment made to the Board for that year; or

(b) when the Assembly has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Board under subsection (1)(b) above, reduce the initial amount,

by any amount not exceeding that sum.

(7) An amount is allotted to a Local Health Board for a year under this section when the Board is notified by the National Assembly for Wales that the amount is allotted to the Board for that year; and the National Assembly for Wales may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made.

(8) The National Assembly for Wales may give directions to a Local Health Board with respect to—

(a) the application of sums paid to the Board under this section, or

(b) the payment of sums by the Board to the National Assembly for Wales in respect of charges or other sums referable to the valuation or disposal of assets.

(9) Sums falling to be paid to Local Health Boards under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the National Assembly for Wales may determine.

Textual Amendments

F365 Ss. 97F-97H inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 9, 42(3); S.I. 2002/2532, art. 2, Sch.

Valid from 10/10/2002

97G Financial duties of Local Health Boards E+W+S

(1) It is the duty of every Local Health Board, in respect of each financial year, to perform its functions so as to secure that the expenditure of the Board which is attributable to the performance by the Board of its functions in that year (not including expenditure within subsection (1)(a) of section 97F above) does not exceed the aggregate of—

(a) the amount allotted to it for that year under subsection (1)(b) of that section;

(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that section); and

(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

(2) The National Assembly for Wales may give such directions to a Local Health Board as appear to be requisite to secure that the Board complies with the duty imposed on it by subsection (1) above.

(3) Directions under subsection (2) may be specific in character.

(4) To the extent to which—

(a) any expenditure is defrayed by a Local Health Board as trustee or on behalf of a Local Health Board by special trustees; or

(b) any sums are received by a Local Health Board as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section.

(5) For the purposes of this section sums which, in the hands of a Local Health Board, cease to be trust funds and become applicable by the Local Health Board otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Local Health Board otherwise than as trustee.

(6) Of the sums received by a Local Health Board under section 96A above so much only as accrues to the Local Health Board after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above.

(7) Subject to subsection (4) above, the National Assembly for Wales may by directions determine—

(a) whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Local Health Board;

(b) whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Local Health Board; or

(c) the extent to which, and the circumstances in which, sums received by a Local Health Board under section 97F above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Local Health Board and to which financial year’s expenditure they are to be attributed.

(8) In subsection (7) above, “specified” means of a description specified in the directions.

Textual Amendments

F365 Ss. 97F-97H inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 9, 42(3); S.I. 2002/2532, art. 2, Sch.

Valid from 10/10/2002

97H Resource limits for Local Health Boards E+W+S

(1) It is the duty of every Local Health Board to ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the National Assembly for Wales.

(2) For the purpose of subsection (1) above no account shall be taken of any use of resources for the purposes of a Board’s general Part 2 expenditure (within the meaning of paragraph 6A of Schedule 12A).

(3) But in specifying an amount for a Local Health Board under subsection (1) above (or in varying the amount under subsection (5) below), the National Assembly for Wales may take into account (in whatever way it thinks appropriate)—

(a) any such use of resources; and

(b) the use of any resources which would have been for the purpose of the Board’s general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of such uses of resources as it thinks appropriate).

(4) For the purpose of subsection (1) above the National Assembly for Wales may give directions—

(a) specifying uses of resources which are to be, or not to be, taken into account;

(b) making provision for determining to which Local Health Board certain uses of resources are to be attributed;

(c) specifying descriptions of resources which are to be, or not to be, taken into account.

(5) Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

(6) Subsections (4) to (6) of section 97G above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

(7) The provisions in section 97G(2) and (3) above about the giving of directions by the National Assembly for Wales shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1).

(8) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

Textual Amendments

F365 Ss. 97F-97H inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 9, 42(3); S.I. 2002/2532, art. 2, Sch.

98 Accounts and audit. E+W+S

(1) Accounts, in such form as the Secretary of State may with the approval of the Treasury direct, shall be kept by—

(a) every Regional Health Authority;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F366

[F367 (bb) every District Health Authority;]

[F368 (bbb) every NHS trust]

(c) every special health authority;

[F369 (cc) every Family Practitioner Committee;]

(d) all special trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) above;

[F370 (dd) any trustees for an NHS trust appointed in pursuance of section 11 of the National Health Service and Community Care Act 1990; and]

(e) the Dental Estimates Board

Those accounts shall be audited by auditors [F371 appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller] and Auditor General may examine all such accounts and any records relating to them, and any report of the auditor on them.

(2) Every such body shall prepare and transmit to the Secretary of State in respect of each financial year annual accounts in such form as the Secretary of State may with the approval of the Treasury direct.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F372

[F373 (2A) The accounts prepared and transmitted by a District Health Authority in pursuance of subsection (2) above shall include annual accounts of a Community Health Council if—

(a) the Council is established for the Authority’s district; or

(b) the Authority is the prescribed Authority in relation to the Council.]

[F374 X3 (2B) in preparing its annual accounts in pursuance of subsection (2) above, and NHS trust shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the methods and principles according to which the accounts are to be prepared; and

(b) the information to be given in the accounts.]

[F375 X3 (2B) So far as relates to allotted sums paid to the members of a fund-holding practice—

(a) accounts shall be kept in such form as the Secretary of State may with the approval of the Treasury direct;

(b) the Comptroller and Auditor General may examine the accounts and records relating to them and any report of the auditor on them;

(c) in respect of each financial year, annual accounts in such form as the Secretary of State may with the approval of the Treasury direct shall be prepared and submitted to the relevant Family Health Services Authority; and

(d) in respect of each financial year, each Family Health Services Authority shall prepare in such form as the Secretary of State may with the approval of the Treasury direct, and include in its own accounts, a summarised version of the accounts submitted to the Authority under paragraph (c) above.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F376

(4) The Secretary of State shall prepare in respect of each financial year—

(a) in such form as the Treasury may direct, summarised accounts of [F377 the bodies mentioned in subsection (1) above, other than the Dental Estimates Board]

(b) in such form and containing such information as the Treasury may direct, a statment of the accounts of the Dental Estimates Board;

and shall transmit them on or before 30th November in each year to the Comptroller and Auditor General, who shall examine and certify them, and lay copies of them together with his report on them before both Houses of Parliament.

[F378 (5) In subsection (2B) above “recognised fund–holding practice” and “allotted sum” have the same meaning as in section 15 of the National Health Service and Community Care Act 1990.]

Editorial Information

X3 S.98(2B): this is one of two provisions of this number inserted by different authorities in the same Act

Textual Amendments

F366 S. 98(1)(b) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F367 S. 98(1)(bb) inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 69(a)

F368 S. 98(1)(bbb) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 24(1)

F369 S. 98(1)(cc) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 12, Sch. 5 para. 3(a).

F370 S. 98(1)(dd) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 11(7)

F371 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(2)(a)(8)

F372 Para. repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt.I

F373 S. 98(2A) inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 6(2)

F374 S. 98(2B) inserted (5.7.1990) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 24(2)

F375 S. 98(2B) inserted (1.10.1990) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(2)(b)(8)

F376 S. 98(3) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 20(2)(c), 66(2), Sch. 10

F377 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 12, Sch. 5 para. 3(b)

F378 S. 98(5) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(2)(d)

99 Regulation of financial arrangements. E+W+S

(1) The Secretary of State may by regulations provide, in the case of all or any of the following bodies—

(a) Regional Health Authorities,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F379

[F380 (bb) District Health Authorities;]

(c) special health authorities,

(d) Family Practitioner Committees,

(e) Community Health Councils, and

(f) the Dental Estimates Board,

for restricting the making of payments by or on behalf of the body otherwise than on such authorisation and subject to such conditions as may be specified in the regulations.

(2) Such provision may be made subject to such exceptions as may be so specified, and those regulations may contain such other provisions as to the making and carrying out by all or any of those bodies of such arrangements with respect to financial matters as the Secretary of State thinks necessary for the purpose of securing that the affairs of such bodies are conducted, so far as reasonably practicable, in such manner as to prevent financial loss and to ensure and maintain efficiency.

(3) The Secretary of State may give directions to any of those bodies as to any matter with respect to which those regulations may be made; and those directions may be specific in character and shall be—

(a) such as appear to him requisite to secure that the affairs of the body are conducted in such a manner as is mentioned in subsection (2) above,

(b) without prejudice to the operation of any such regulation,

and shall be complied with by the body to whom they are given.

Textual Amendments

F379 S. 99(1)(b) repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F380 S. 99(1)(bb) inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 70

100 Other Payments. E+W+S

(1) There shall be paid out of moneys provided by Parliament such expenses incurred by—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F381

(b) any standing advisory committee constituted under section 6 above,

(c) the Medical Practices Committee,

(d) the Tribunal constituted under section 46 above, and

(e) the Dental Estimates Board,

as may be determined by the Secretary of State with the approval of the Treasury.

(2) Payments made under this section shall be . . . F382 made at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, or otherwise as the Secretary of State may with the approval of the Treasury determine.

Textual Amendments

F381 S. 100(1)(a) repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F382 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 29, 30(1), Sch. 9 Pt. I para. 21, Sch. 10 Pt. I

Modifications etc. (not altering text)

C45 S. 100(2) partially repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3) s. 29. Sch. 9 para 21

101 Secretary of State’s receipts. E+W+S

Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund, . . . F383

Textual Amendments

F383 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

Miscellaneous provisions as to remuneration, allowances and superannuation E+W+S

102 Allowances and remuneration for members of certain bodies. E+W+S

(1) The Secretary of State may pay such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of [F384 the Treasury], determine—

(a) to members of any of the following bodies constituted under this Act—

(i) F385 , any standing advisory committee constituted under section 6 above to advise the Secretary of State . . . F385 and any sub-committee appointed by any such standing advisory committee . . . F385 ;

(ii) the Medical Practices Committee;

(iii) any body on which functions are conferred by regulations under section 32 above;

(iv) the Dental Estimates Board;

(v) the Tribunal constituted under section 46 above;

(b) to members of any other body being a body specified in an order made by the Secretary of State as being a body recognised by him to have been formed for the purpose of performing a function connected with the provision of services under this Act.

(2) The Secretary of State may pay to members of any of the following bodies such remuneration as he may, with the approval of [F386 the Treasury], determine—

(a) the Medical Practices Committee;

(b) any body on which functions are conferred by regulations under section 32 above;

(c) the Dental Estimates Board;

(d) the Tribunal constituted under section 46 above;

(e) any other body constituted under Part II of this Act, being a body specified in an order made for the purposes of this subsection, with the approval of [F387 the Treasury], by the Secretary of State.

(3) Allowances shall not be paid under subsection (1) above except in connection with the excercise or performance of such powers or duties, in such circumstances, as may, with the approval of [F384 the Treasury], be determined by the Secretary of State.

(4) Any payments under this section shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may, with the approval of [F387 the Treasury], determine.

Textual Amendments

F384 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c)(d)(2), 3(5)

F385 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F386 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

F387 Words substituted by virtue of S.I. 1981/1670, arts 2(1)(2), 3(5)

103 Special arrangement as to payment of remuneration. E+W+S

(1) If the Secretary of State—

(a) considers it appropriate for remuneration in respect of services provided by any person in pursuance of Part II of this Act to be paid by a particular body, and

(b) apart from this section the functions of the body do not include the function of paying the remuneration,

the Secretary of State may by order confer that function on the body.

(2) Any sums required to enable any body having that function to pay remuneration in respect of such services shall, if apart from this section there is no provision authorising the payment of the sums by the Secretary of State or out of money provided by Parliament, be paid by him.

[F388 (3) If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—

(a) an NHS trust determined in accordance with the order shall have the function of paying sums so determined to the Family Health Services Authority which, under Part II of this Act, has the function of paying that remuneration; and

(b) nothing in subsection (2) above shall apply with respect to that remuneration.]

Textual Amendments

F388 S. 103(3) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(9)

104 Superannuation of officers of certain hospitals. E+W+S

(1) The Secretary of State may enter into an agreement with the governing body of any hospital to which this section applies—

(a) for admitting officers of the hospital of such classes as may be provided in the agreement to participate, on such terms and conditions as may be so provided, in the superannuation benefits provided under regulations made under section 10 of the M49 Superannuation Act 1972 in like manner as officers of Area [F389 or District] Health Authorities; and

(b) those regulations shall apply accordingly in relation to the officers so admitted subject to such modifications as may be provided in the agreement.

(2) The governing body of any hospital to which this section applies shall have all such powers as may be necessary for the purpose of giving effect to any terms and conditions on which their officers are admitted to participate in those superannuation benefits.

(3) This section applies to any hospital (not vested in the Secretary of State) which used, in pursuance of arrangements made by the governing body of the hospital with the Secretary of State, for the provision of services under this Act.

Textual Amendments

F389 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 71

Marginal Citations

M49 1972 c. 11.

105 Payments for certain medical examinations. E+W+S

(1) Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for [F390 assessment] or treatment being made under [F391 Part II of the M50 Mental Health Act 1983][F392 the Secretary of State] shall, subject to the following provisions of this section, pay to that medical practitioner—

(a) reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined; and

(b) the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.

(2) No payment shall be made under this section to a medical practitioner—

(a) in respect of an examination carried out as part of his duty to provide general medical services for the person examined; or

(b) in respect of an examination carried out or any recommendation or report made as part of his duty as an officer of a health authority.

(3) This section shall only apply in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of any such application as mentioned in subsection (1) above, the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament under this Act . . . F393

Textual Amendments

F390 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), ss. 65(1), 69(6), Sch. 3 para. 56, Sch. 5 para. 1

F391 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(b)

F392 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 64(4)

F393 Words repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(c), Sch. 6

Marginal Citations

M50 1983 c. 20(85).

Part V U.K. Health Service Commissioner for England and Health Service Commissioner for Wales

Extent Information

E1 Pt. V ss.106-120 extent E & W with minor extension to NI see s.130(3)(c)

Modifications etc. (not altering text)

C46 Pt. V modified by S.I. 1982/295, art. 3

C47 Pt. V modified by S.I. 1991/389, art.3(1)

106 Appointment and tenure of office of Commissioners. E+W+S

(1) For the purpose of conducting investigations in accordance with this Part of this Act, there shall be appointed—

(a) a Commissioner to be known as the Health Service Commissioner for England; and

(b) a Commissioner to be known as the Health Service Commissioner for Wales.

(2) Her Majesty may by Letters Patent from time to time appoint a person to be a Commissioner; and a person so appointed shall, subject to [F394 subsections (3) and (3A)] below, hold office during good behaviour.

(3) A person appointed to be a Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five.

[F395 (3A) Her Majesty may declare the office of Health Service Commissioner for England or Health Service Commissioner for Wales to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons—

(a) of performing the duties of his office; and

(b) of requesting to be relieved of it.]

(4) A person who is a member of a relevant body (within the meaning of section 109 below) shall not be appointed to be a Commissioner; and a Commissioner shall not become a member of a relevant body.

Textual Amendments

F394 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(2)(a)

F395 S. 106(3A) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 2(2)(b)

107 Salaries and pensions of Commissioners. E+W+S

(1) Subject to subsections (3) and (5) below, there shall be paid to the holder of the office of a Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and any such resolution may take effect from the date on which it is passed, or from such other date as it may specify.

(2) Subject to subsections (6) and (7) below, Schedule 1 to the M51 Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) has effect with respect to persons who have held office as a Commissioner as it has effect with respect to persons who have held office as the Parliamentary Commissioner for Administration.

(3) The salary payable to a holder of the office of a Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he has previously been appointed or elected.

(4) In computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to that Act of 1967 there shall be disregarded—

(a) any abatement of that salary under subsection (3) above;

(b) any temporary abatement of that salary in the national interest; and

(c) any voluntary surrender of that salary in whole or in part.

(5) Where—

(a) a person holds the office of Parliamentary Commissioner for Administration and one or more of the offices of Health Service Commissioner for England, Health Service Commissioner for Scotland and Health Service Commissioner for Wales he shall, so long as he does so, be entitled only to the salary pertaining to the first-mentioned office; and

(b) a person holds two or more of those offices other than that of Parliamentary Commissioner for Administration he shall, so long as he does so, be entitled only to the salary pertaining to such one of those offices as he selects.

(6) A person—

(a) shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 of Schedule 1 to that Act of 1967 in respect of different offices mentioned in subsection (5) above, and

(b) shall, if he has made or is treated as having made an election in pursuance of that paragraph in respect of such an office, be deemed to have made the same election in respect of all such other offices to which he is, or is subsequently, appointed,

and no account shall be taken for the purposes of that Schedule of a period of service in such an office if salary in respect of the office was not paid for that period.

(7) [F396 The Treasury] may—

(a) by regulations provide that Schedule 1 to that Act of 1967 shall have effect in relation to persons who have held more than one of the offices mentioned in subsection (5) above, and

(b) by those regulations modify that Schedule as he considers necessary in consequence of those persons having held more than one of those offices,

and different regulations may be made in pursuance of paragraph 4 of that Schedule in relation to different offices as mentioned.

This subsection is subject to subsection (6) above.

(8) Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

Textual Amendments

F396 Words substituted by virtue of S.I. 1981/1670, arts. 2(1), 3(5)

Marginal Citations

M51 1967 c. 13(89).

108 Administrative provisions. E+W+S

(1) A Commissioner may appoint such officers as he may determine with the approval of [F397 the Treasury] as to numbers and conditions of service; and it is the duty of the Health Service Commissioners for Wales to include among his officers such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh.

(2) Any functions of a Commissioner under this Part of this Act may be performed by any officer of the Commissioner authorised by him for that purpose, or by any officer so authorised of another Commissioner mentioned in section 107(5) above.

(3) To assist him any investigation, a Commissioner may obtain advice from any person who, in his opinion, is qualified to give it, and may pay such fees or allowances to any such person as he may determine with the approval of [F397 the Treasury].

(4) The expenses of a Commissioner under this Part of this Act, to such amount as may be sanctioned by [F397 the Treasury], shall be defrayed out of money provided by Parliament.

Textual Amendments

F397 Words substituted by virtue of S.I. 1981/1670, arts. 2, 3(5)

[F398 108A Appointment of acting Commissioners. E+W+S

(1) Where the office of Health Service Commissioner for England or Health Service Commissioner for Wales becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

(2) A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a) until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

(3) A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 107 above, as the Commissioner.

(4) Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

(5) A person who is a member of a relevant body (within the meaning of section 109 below) shall not be appointed under this section; and a person so appointed shall not, during his appointment, become a member of a relevant body.]

Textual Amendments

F398 S. 108A inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 6(2)

109 Bodies subject to investigation. E+W+S

In this Part of this Act “relevant body” means any of the following bodies—

(a) Regional Health Authorities;

(b) Area Health Authorities;

[F399 (bb) District Health Authorities;]

(c) any special health authority established on or before 1st April 1974;

(d) any special health authority established after that 1st April and designated by Order in Council as an authority to which this section applies;

[F400 (da) NHS trusts]

[F401 (dd) the Dental Practice Board;]

(e) Family Practitioner Committees; [F402 and]

(f) the Public Health Laboratory Service Board; . . . F403

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F403

Except where the context otherwise requires, any reference in this Part of this Act to a relevant body includes a reference to an officer of the body.

Textual Amendments

F399 S. 109(bb) inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 72

F400 S. 109(da) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(10)

F401 S. 109(dd) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 12(4)

F402 Word inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 7

F403 S. 109(g) and the word “and” preceding it repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

Modifications etc. (not altering text)

C48 S. 109 (meaning of "relevant body") extended by S.I. 1991/389, art.3(1)

110 Investigations for England, and for Wales. E+W+S

The Health Service Commissioner for England shall not conduct an investigation under this Part of this Act in respect of—

(a) an Area Health Authority of which the area is in Wales,

[F404 (aa) a District Health Authority of which the district is in Wales,]

[F405 (b) a Family Practitioner Committee whose locality is in Wales, or]

[F406 (ba) an NHS trust which is managing a hospital or other establishment or facility which is in Wales]

(c) a special health authority exercising functions only or mainly in Wales, . . . F407

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F407

and the Health Service Commissioner for Wales shall not conduct such an investigation in respect of a relevant body other than one of those bodies.

Textual Amendments

F404 S. 110(aa) inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 73

F405 S. 110(b) substituted by S.I. 1985/39, art. 7(20)

F406 S. 110(ba) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(11)

F407 S. 110(d) and the word “and” preceding it repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

111 Who may complain. E+W+S

(1) A complaint under this Part of this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—

(a) a local authority or other authority or body constituted for purposes of the public service or of local government, or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

(b) any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department, or whose revenues consist wholly or mainly of money provided by Parliament.

(2) Where the person by whom a complaint might have been made under the preceding provisions of this Part has died, or is for any reason unable to act for himself, the complaint may be made—

(a) by his personal representative, or

(b) by a member of his family, or

(c) by some body or individual suitable to represent him,

but, except as aforesaid and as provided by section 117 below, a complaint shall not be entertained under this Part unless made by the person aggrieved himself.

112 Reply. E+W+S

Before proceeding to investigate a complaint—

(a) a Commissioner shall satisfy himself that the complaint has been brought by or on behalf of the person aggrieved to the notice of the relevant body in question, and that that body had been afforded a reasonable opportunity to investigate and reply to the complaint, but

(b) a Commissioner shall disregard the provisions of paragraph (a) in relation to a complaint made by an officer of the relevant body in question on behalf of the person aggrieved if the officer is authorised by virtue of section 111(2) above to make the complaint and the Commissioner is satisfied that in the particular circumstances those provisions ought to be disregarded.

113 Commissioner’s discretion. E+W+S

(1) In determining whether to initiate, continue or discontinue an investigation under this Part of this Act, a Commissioner shall, subject to section 110 above and sections 115 and 116 below, act in accordance with his own discretion.

(2) Any question whether a complaint is duly made to a Commissioner under this Part shall be determined by the Commissioner.

114 Procedure, and additional procedural provisions. U.K.

(1) A Commissioner—

(a) shall not entertain a complaint under this Part of this Act unless it is made in writing to him by or on behalf of the person aggrieved not later than one year from the day on which the person aggrieved first had notice of the matters alleged in the complaint, but

(b) may conduct an investigation pursuant to a complaint not made within that period if he considers it reasonable to do so.

(2) The additional provisions contained in Part I of Schedule 13 to this Act, which relate to procedure and other matters, have effect for the purposes of this Part.

115 Matters subject to investigation. E+W+S

A Commissioner may investigate—

(a) an alleged failure in a service provided by a relevant body, or

(b) an alleged failure of such a body to provide a service which it was a function of the body to provide, or

(c) any other action taken by or on behalf of such a body,

in a case where a complaint is duly made by or on behalf of any person that he has sustained injustice or hardship in consequence of the failure or in consequence of maladministration connected with the other action.

This section is subject to sections 110 and 113 above and section 116 below.

116 Matters not subject to investigation. E+W+S

(1) Except as hereafter provided, a Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters—

(a) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virute of Her Majesty’s prerogative, or

(b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law,

but a Commissioner may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy, if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.

(2) Without prejudice to subsection (1) above—

(a) a Commissioner shall not conduct an investigation under this Part in respect of any such action as is described in Part II of Schedule 13 to this Act; and

(b) nothing in sections 110, 113 and 115 above shall be construed as authorising such an investigation in respect of action taken in connection with any general medical services, general dental services, general ophthalmic services or pharmaceutical services by a person providing the services

(3) Her Majesty may by Order in Council amend Part II of Schedule 13 so as to exclude from it action described in subparagraph (3) or (4) of paragraph 19 of that Schedule.

117 Reference to Commissioner by relevant body. E+W+S

Notwithstanding anything in sections 111 and 112 and section 114(1) above, a relevant body—

(a) may itself (excluding its officers) refer to a Commissioner a complaint that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 115 above if the complaint—

(i) is made in writing to the relevant body by that person, or by a person authorised by virtue of section 111(2) above to make the complaint to the Commissioner on his behalf, and

(ii) is so made not later than one year from the day mentioned in section 114(1) above, or within such other period as the Commissioner considers appropriate in any particular case, but

(b) shall not be entitled to refer a complaint in pursuance of paragraph (a) after the expiry of [F408 twelve] months beginning with the day on which the body received the complaint.

A complaint referred to a Commissioner in pursuance of this section shall, subject to section 113 above, be deemed to be duly made to him under this Part of this Act.

Textual Amendments

F408 Word substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 7

118 Consultations between Commissioners and Local Commissioners. E+W+S

(1) Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation—

(a) forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under Part III of the M52 Local Government Act 1974, then

(b) he shall consult about the complaint with the appropriate Local Commissioner within the meaning of Part III of that Act of 1974, and

(c) if he considers it necessary, inform the person initiating the complaint under this Part of the steps necessary to initiate a complaint under Part III of that Act of 1974.

[F409 (1A) Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under the M53 Parliamentary Commissioner Act 1967, he shall—

(a) unless he also holds office as the Parliamentary Commissioner, consult about the complaint with the Parliamentary Commissioner; and

(b) if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Parliamentary Commissioner Act 1967.

(1B) Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation forms the opinions that the complaint relates partly to a matter within the jurisdiction of another Health Service Commissioner (whether under this Part of this Act or under Part VI of the M54 National Health Service (Scotland) Act 1978), he shall—

(a) unless he also holds office as that other Health Service Commissioner, consult about the complaint with him; and

(b) if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint to the other Health Service Commissioner.]

(2) [F410 Where a Commissioner consults with another Commissioner in accordance with this section, the consultations may extend to] matter relating to the complaint, including—

(a) the conduct of any investigation into the complaint; and

(b) the form, content and publication of any report of the results of such an investigation.

(3) Nothing in paragraph 16 of Schedule 13 to this Act applies in relation to the disclosure of information by a Commissioner or his officers in the course of consultations held in accordance with this section.

Textual Amendments

F409 S. 118(1A)(1B) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(3)(a)

F410 Words substituted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(3)(c)

Marginal Citations

M52 1974 c. 7(81:1).

M53 1967 c. 13(89).

M54 1978 c. 29(113:2).

119 Reports by Commissioners. U.K.

(1) In any case where a Commissioner conducts an investigation under this Part of this Act, he shall send a report of the results of his investigation—

(a) to the person who made the complaint,

[F411 (aa) to any member of the House of Commons who, to the Commissioner’s knowledge, assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),]

(b) to the relevant body in question,

(c) to any person who is alleged in the complaint to have taken or authorised the action complained of,

(d) if the relevant body in question is not an Area [F412 or District] Health Authority for an area [F412 or district] in England . . . F413 to the Secretary of State,

(e) if that body is an Area [F412 or District] Health Authority for an area in England, to the Regional Health Authority of which the region includes that area [F412 or district], . . . F414

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F415

(2) In any case where a Commissioner decides not to conduct an investigation under this Part, he shall send a statement of his reasons for doing so to the person who made the complaint [F416 and to any such member of the House of Commons as is mentioned in subsection (1)(aa) above] and to the relevant body in question.

(3) If, after conducting an investigation under this Part, it appears to a commissioner that the person aggrieved has sustained such injustice or hardship as is mentioned in section 115 above, and that the injustice or hardship has not been and will not be remedied, he may if he thinks fit—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F417

(b) F415 . . . make a special report to the Secretary of State who shall, as soon as is reasonably practicable, lay a copy of the report before each House of Parliament.

(4) Each of the Commissioners shall—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F418

(b) annually make to the Secretary of State a report on the performance of his . . . F419 functions under this Part, and may from time to time make to the Secretary of State such other reports with respect to those functions as the Commissioner thinks fit, and the Secretary of State shall lay a copy of every such report before each House of Parliament.

(5) For the purposes of the law of defamation, the publication of any matter by a Commissioner in sending or making a report in pursuance of subsection (1), (3) or (4) above, or in sending a statement in pursuance of subsection (2) above, shall be absolutely privileged.

Textual Amendments

F411 S. 119(1)(aa) inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 5(1)

F412 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 74

F413 Words repealed by S.I. 1985/39, art. 7(21)(a)

F414 S. 119(1)(f) and the word “and” preceding it repealed by S.I. 1985/39, art. 7(21)(b)

F415 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F416 Words inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 5(2)

F417 S. 119(3)(a) repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F418 S. 119(4)(a) repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

F419 Word repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7

120 Interpretation of Part V. U.K.

(1) In this Part of this Act and in Schedule 13 to this Act—

• “action” includes failure to act, and other expressions connoting action shall be construed accordingly;

• “Commissioner” means the Health Service Commissioner for England or the Health Service Commissioner for Wales, and “Commissioners” means both those persons;

• “person aggrieved” means the person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 115 above; and

• “relevant body” has the meaning given by section 109 above, and (except where the context otherwise requires) includes a reference to an officer of the body.

(2) Nothing in this Part of this Act authorises or requires a Commissioner to question the merits of a decision taken without maladministration by a relevant body in the exercise of a discretion vested in that body.

Part VI U.K. Miscellaneous and Supplementary

General provisions as to charges E+W+S

121 Charges in respect of non-residents. E+W+S

Regulations may provide for the making and recovery, in such manner as may be prescribed, of such charges [F420 as the Secretary of State may determine]—

(a) in respect of such services provided under this Act as may be prescribed, being

(b) services provided in respect of such persons not ordinarily resident in Great Britian as may be prescribed.

Such regulations may provide that the charges are only to be made in such cases as may be determined in accordance with the regulations.

[F421 The Secretary of State may calculate charges under this section on any basis that he considers to be the appropriate commercial basis.]

Textual Amendments

F420 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(12)

F421 Words added by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(14)

Modifications etc. (not altering text)

C49 S. 121: functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

C50 S. 121: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

122 Recovery of charges. E+W+S

(1) All charges recoverable under this Act by the Secretary of State, a local social services authority, or any body constituted under this Act [F422 or Part I of the National Health Service and Community Care Act 1990], may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

(2) If any person, for the purpose of evading the payment of any charge under this Act, or of reducing the amount of any such charge—

(a) knowingly makes any false statement or false representation, or

(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

the charge, or as the case may be the balance of the charge, may be recovered from him as a simple contract debt by the person by whom the cost of the service in question was defrayed.

Textual Amendments

F422 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(12)

Valid from 01/11/1999

[F423 122A Recovery of other charges and payments. E+W+S

(1) Where goods or services to which this section applies are provided and either—

(a) any charge payable by any person under this Act in respect of the provision of the goods or services is reduced, remitted or repaid, but that person is not entitled to the reduction, remission or repayment, or

(b) any payment under this Act is made to, or for the benefit of, any person in respect of the cost of obtaining the goods or services, but that person is not entitled to, or to the benefit of, the payment,

the amount mentioned in subsection (2) below is recoverable summarily as a civil debt from the person in question by the responsible authority.

(2) That amount—

(a) in a case within subsection (1)(a) above, is the amount of the charge or (where it has been reduced) reduction,

(b) in a case within subsection (1)(b) above, is the amount of the payment.

(3) Where two or more persons are liable under section 122(1) above or this section to pay an amount in respect of the same charge or payment, those persons shall be jointly and severally liable.

(4) For the purposes of this section, the circumstances in which a person is to be treated as not entitled to a reduction, remission or repayment of a charge, or to (or to the benefit of) a payment, include in particular those in which it is received (wholly or partly)—

(a) on the ground that he or another is a person of a particular description, where the person in question is not in fact of that description,

(b) on the ground that he or another holds a particular certificate, when the person in question does not in fact hold such a certificate or does hold such a certificate but is not entitled to it,

(c) on the ground that he or another has made a particular statement, when the person in question has not made such a statement or the statement made by him is false.

(5) In this section and section 122B below, “responsible authority” means—

(a) in relation to the recovery of any charge under section 122(1) above in respect of the provision of goods or services to which this section applies, the person by whom the charge is recoverable,

(b) in relation to the recovery by virtue of this section of the whole or part of the amount of any such charge, the person by whom the charge would have been recoverable,

(c) in a case within subsection (1)(b) above, the person who made the payment.

(6) But the Secretary of State may by directions provide for—

(a) the functions of any responsible authority of recovering any charges under this Act in respect of the provision of goods or services to which this section applies,

(b) the functions of any responsible authority under this section and section 122B below,

to be exercised on behalf of the authority by another health service body.

(7) This section applies to the following goods and services—

(a) dental treatment and appliances provided in pursuance of this Act,

(b) drugs and medicines provided in pursuance of this Act,

(c) the testing of sight,

(d) optical appliances,

(e) any other appliances provided in pursuance of this Act.]

Textual Amendments

F423 Ss. 122A-122C inserted (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(3), 67(1); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2

Modifications etc. (not altering text)

C51 Ss. 122A-122C extended (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(3), 67(1); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2

C52 S. 122A: Power to apply (with modifications) conferred (11.5.2001 for certain purposes, otherwise 8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 35(2)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Valid from 01/11/1999

F424 122B Penalties. E+W+S

(1) Regulations may provide that, where a person fails to pay—

(a) any amount recoverable from him under section 122(1) above in respect of the provision of goods or services to which section 122A above applies, or

(b) any amount recoverable from him under section 122A above,

a notice (referred to in this section as a penalty notice) may be served on the person by the responsible authority requiring him to pay to the authority, within a prescribed period, that amount together with a charge (referred to in this section as a penalty charge) of an amount determined in accordance with the regulations.

(2) The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of—

(a) £100,

(b) the amount referred to in subsection (1)(a) or (b) above multiplied by 5.

(3) The Secretary of State may by order provide for subsection (2) above to have effect as if, for the sum specified in paragraph (a) or the multiplier specified in paragraph (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or (as the case may be) multiplier specified in the order.

(4) Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.

(5) The further sum must not exceed 50 per cent. of the amount of the penalty charge.

(6) Any sum payable under the regulations (including the amount referred to in subsection (1)(a) or (b) above) may be recovered by the responsible authority summarily as a civil debt.

(7) But a person is not liable by virtue of a penalty notice—

(a) to pay at any time so much of any amount referred to in subsection (1)(a) or (b) above for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other, or

(b) to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.

(8) In spite of section 126(1) below, no order is to be made under subsection (3) above unless a draft has been laid before, and approved by resolution of, each House of Parliament.

Textual Amendments

F424 Ss. 122A-122C inserted (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(3), 67(1); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2

Modifications etc. (not altering text)

C53 Ss. 122A-122C extended (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(3), 67(1); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2

C54 S. 122B: Power to apply (with modifications) conferred (11.5.2001 for certain purposes, otherwise 8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 35(2)(d), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Valid from 01/11/1999

F425 122C Offences. E+W+S

(1) A person is guilty of an offence if he does any act mentioned in subsection (2) below with a view to securing for himself or another—

(a) the evasion of the whole or part of any charge under this Act in respect of the provision of goods or services to which section 122A above applies,

(b) the reduction, remission or repayment of any such charge, where he or (as the case may be) the other is not entitled to the reduction, remission or repayment,

(c) a payment under this Act (whether to, or for the benefit of, himself or the other) in respect of the cost of obtaining such goods or services, where he or (as the case may be) the other is not entitled to, or to the benefit of, the payment.

(2) The acts referred to in subsection (1) above are—

(a) knowingly making, or causing or knowingly allowing another to make, a false statement or representation, or

(b) in the case of any document or information which he knows to be false in a material particular, producing or providing it or causing or knowingly allowing another to produce or provide it.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) A person, although he is not a barrister or solicitor, may conduct any proceedings under this section before a magistrates’ court if he is authorised to do so by the Secretary of State.

(5) Proceedings for an offence under this section may be begun within either of the following periods—

(a) the period of three months beginning with the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge,

(b) the period of 12 months beginning with the commission of the offence.

(6) For the purposes of subsection (5) above, a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge is conclusive evidence of that date.

(7) Where, in respect of any charge or payment under this Act—

(a) a person is convicted of an offence under this section, or

(b) a person pays any penalty charge, and any further sum by way of penalty, recoverable from him under section 122B above,

he shall not, in a case within paragraph (a) above, be liable to pay any such penalty charge or further sum by way of penalty or, in a case within paragraph (b) above, be convicted of such an offence.

(8) Subsection (4) of section 122A above applies for the purposes of this section as it applies for the purposes of that.

Textual Amendments

F425 Ss. 122A-122C inserted (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(3), 67(1); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2

Modifications etc. (not altering text)

C55 Ss. 122A-122C extended (1.11.1999 for E. and 9.2.2001 for W.) by 1999 c. 8, ss. 39(3), 67(1); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2001/270, art. 2

Miscellaneous E+W+S

123 Persons displaced by health service development. E+W+S

(1) Where the carrying out of a scheme for the provision by the Secretary of State in pursuance of this Act of hospital accommodation or other facilities will involve the displacement from any premises of persons residing in them, the Secretary of State may make arrangements with one or more of the following bodies—

[F426 (a) a local housing authority within the meaning of the M55 Housing Act 1985,

(b) a housing association or housing trust within the meaning of the M56 Housing Associations Act 1985,]

(d) a development corporation established under the [F427 M57 New Towns Act 1981] and

(e) the Commission for the New Towns,

for securing, in so far as it appears to him that there is no other residential accommodation suitable for the reasonable requirements of those persons available on reasonable terms, the provision of residential accommodation in advance of the displacement from time to time becoming necessary as the carrying out of the scheme proceeds.

(2) Arrangements under subsection (1) above may include provision for making by the Secretary of State to the body with whom the arrangements are made of payments of such amounts and for such purposes as may be approved by the Treasury.

Textual Amendments

F426 S. 123(1)(a)(b) substituted for s. 123(1)(a)–(c) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(4)

F427 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 12 para. 26

Marginal Citations

M55 1985 c. 68(61).

M56 1985 c. 69(61).

M57 1981 c. 64(123:3).

124 Special notices of births and deaths. E+W+S

(1) The requirements of this section with respect to the notification of births and deaths are in addition to, and not in substitution for, the requirements of any Act relating to the registration of births and deaths.

(2) It is the duty of each registrar of births and deaths to furnish, to the prescribed medical officer of the Area [F428 or District] Health Authority of which the area [F428 or district] includes the whole or part of the registrar’s sub-district, such particulars of each birth and death which occurred in the Authority’s area [F428 or district] as are entered (on and after 1st April 1974) in a register of births or deaths kept for that sub-district.

(3) Regulations may provide as to the manner in which and the times at which particulars are to be furnished in pursuance of subsection (2) above.

(4) In the case of every child born, it is the duty—

(a) of the child’s father, if at the time of the birth he is actually residing on the premises where the birth takes place, and

(b) of any person in attendance upon the mother at the time of, or within six hours after, the birth,

to give notice of the birth (as provided in subsection (5) below) to the prescribed medical officer of the Area [F428 or District] Health Authority for the area [F428 or district] in which the birth takes place.

This subsection applies to any child which has issued forth from its mother after the expiry of the twenty-eighth week of pregnancy whether alive or dead.

(5) Notice under subsection (4) above shall be given either—

(a) by posting within 36 hours after the birth a prepaid letter or postcard addressed to the prescribed medical officer of the Area [F428 or District] Health Authority at his office and containing the required information, or

(b) by delivering within that period at that officer’s office a written notice containing the required information,

and an Area [F428 or District] Health Authority shall, upon application to them, supply without charge to any medical practitioner or midwife residing or practising within their area [F428 or district] prepaid addressed envelopes together with the forms of notice.

(6) Any person who fails to give notice of a birth in accordance with subsection (4) above is liable on summary conviction to a fine not exceeding [F429 level 1 on the standard scale], unless he satisfies the court that he believed, and had reasonable grounds for believing, that notice had been duly given by some other person.

Proceedings in respect of this offence shall not, without the Attorney-General’s written consent, be taken by any person other than a party aggrieved or the Area [F428 or District] Health Authority concerned.

(7) A registrar of births and deaths shall, for the purpose of obtaining information concerning births which have occurred in his sub-district, have access at all reasonable times to notices of births received by a medical officer under this section, or to any book in which those notices may be recorded.

Textual Amendments

F428 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 75

F429 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Valid from 01/10/1999

[F430 124A Provision of information by Registrar General. E+W+S

(1) The Registrar General may provide to the Secretary of State any information to which this section applies.

(2) Any information provided under subsection (1) above shall be provided in such form as appears to the Registrar General appropriate for the purpose of assisting the Secretary of State in the performance of his functions in relation to the health service.

(3) This section applies to any information—

(a) entered in any register kept under the M58 Births and Deaths Registration Act 1953; or

(b) which is kept by the Registrar General under any other enactment and relates to any birth or death.

(4) In subsection (3) above, “enactment” includes an enactment contained in subordinate legislation.]

Textual Amendments

F430 S. 124A inserted (1.10.1999) by 1999 c. 8, s. 42; S.I. 1999/2540, art. 2(1)(b), Sch. 1

Marginal Citations

M58 1953 c.20.

125 Protection of members and officers of authorities. E+W+S

Section 265 of the M59 Public Health Act 1875 (which relates to the protection of members and officers of certain authorities) has effect as if there were included in the authorities referred to in that section—

(a) a Regional Health Authority,

[F431 (b) an NHS trust]

[F432 (bb) a District Health Authority;]

(c) a special health authority, and

(d) a Family Practitioner Committee,

and as if any reference in that section to the Public Health Act 1875 included a reference to this Act [F433 and the National Health Service and Community Care Act 1990].

Textual Amendments

F431 S. 125(b) substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 25(a)

F432 S. 125(bb) inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 76

F433 Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 25(b)

Modifications etc. (not altering text)

C56 s. 125 excluded by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), ss. 1(6)(8), 2(3)(4)

Marginal Citations

M59 1875 c. 55(100:1).

Supplementary U.K.

126 Orders and regulations, and directions. E+W+S

(1) Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

(a) is subject to paragraph 15(3) of Schedule 5 to this Act;

(b) does not apply to paragraph 10 of Schedule 11 to this Act.

(2) Any power to make regulations conferred on the Secretary of State by this Act [F434 or Part I of the National Health Service and Community Care Act 1990] is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

(a) regulations made under section 32 above;

(b) regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act [F434 or Part I of the National Health Service and Community Care Act 1990] in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c) regulations made under paragraph 2(2) of that Schedule;

(d) regulations made under paragraph 2(6) of that Schedule.

(3) Where under any provision of this Act [F434 or Part I of the National Health Service and Community Care Act 1990]—

(a) power to make an order may be exercisable, or

(b) directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

In relation to directions given by the Secretary of State in pursuance of sections 13 to 17 above this subsection is subject to section 18 above.

(4) Any power conferred by this Act [F434 or Part I of the National Health Service and Community Care Act 1990] to make orders, regulations or schemes, and any power conferred by section 18 above to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act [F434 or Part I of the National Health Service and Community Care Act 1990] or that section,

(iii) any such provision either unconditionally, or subject to any specified condition,

and includes power to make such incidental or supplemental provision in the orders, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to regulations made under section 32 above (but without prejudice to subsection (3) of that section) or to an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act [F434 or Part I of the National Health Service and Community Care Act 1990] ).

[F435 (5) Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection may make different provision for different areas.]

Textual Amendments

F434 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

F435 S. 126(5) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

Modifications etc. (not altering text)

C57 S. 126(4) extended by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(3)

127 Supplementary regulatory powers. E+W+S

Regulations may provide for all or any of the following matters—

(a) for prescribing the forms and manner of service of notices and other documents;

(b) for prescribing the manner in which documents may be executed or proved;

(c) for prescribing the manner in which resolutions of any bodies (except the Public Health Laboratory Service Board) continued in being by this Act are to be proved;

(d) for exempting judges and justices of the peace from disqualification by their liability to rates.

128 Interpretation and construction. E+W+S

(1) In this Act [F436 and Part I of the National Health Service and Community Care Act 1990], unless the contrary intention appears—

• [F437 “District Health Authority” means the authority for a district, whether or not its name incorporates the word “District”]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F438

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F439

• “dental practitioner” means a person registered in the dentists register under the M60 Dentists Act [F440 1984];

• [F441 “disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;

• “dispensing optician” means a person who is registered in the register kept under section 2 of the M61 Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;]

• “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;

• “functions” included powers and duties;

• [F442 “health authority” means a Regional or District Health Authority or a special health authority but does not include a Family Practitioner Committee;]

• “the health service” means the health service established in pursuance of [F443 section 1 of the M62 National Health Service Act 1946 and continued under] section 1(1) above;

• “health service hospital” means a hospital vested in the Secretary of State [F444 for the purposes of his functions] under this Act [F445 or vested in an NHS trust];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F438

• “hospital” means—

(a) any institution for the reception and treatment of persons suffering from illness,

(b) any maternity home, and

(c) any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;

• “illness” includes mental disorder within the meaning of [F446 the M63 Mental Health Act 1983] and any injury or disability requiring medical or dental treatment or nursing;

• “local authority” means a county council, . . . F447 a district council, a London borough council, and the Common Council of the City of London; and includes the King Edward VII Welsh National Memorial Association;

• “local education authority” has the same meaning as in the M64 Education Act 1944;

• “local social services authority” means the council of a non-metropolitan county, or of a metropolitan district or London borough, or the Common Council of the City of London;

• “medical” includes surgical;

• [F448 “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M65 Interpretation Act 1978]

• “medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;

• “modifications” includes additions, omissions and amendments;

• [F449 “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;

• “National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly]

• “officer” includes servant;

• [F450 “operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990]

• “ophthalmic optician” means a person registered in either of the registers kept under [F451 section 7 of the Opticians Act 1989] of ophthalmic opticians or a body corporate enrolled in the list kept under [F452 section 9] of that Act of such bodies carrying on business as ophthalmic opticians;

• “patient” includes an expectant or nursing mother and a lying-in woman;

• [F453 “pharmaceutical services” has the meaning assigned by section 41 of this Act]

• “prescribed” means prescribed by regulations made by the Secretary of State under this Act [F454 or Part I of the National Health Service and Community Care Act 1990];

• [F455 “primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990]

• “property” includes rights; . . . F439

• “registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;

• “regulations” means regulations made by the Secretary of State under this Act [F456 or Part I of the National Health Service and Community Care Act 1990];

• “special hospital” has the meaning given by section 4 above;

• “superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

• “university” includes a university college;

• [F457 “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F438

(2) References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

(3) Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.

Textual Amendments

F436 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)

F437 Definition substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(b)

F438 Definition repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 10, Sch. 7

F439 Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 7, para. 28, Sch. 8

F440 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 9

F441 Definition inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 22

F442 Definition substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 11

F443 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(c)

F444 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(d)

F445 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(c)

F446 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(d)

F447 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102(2), Sch. 17

F448 Definition substituted by Medical Act 1983 (c. 54, SIF 83:1), s. 56(1), Sch. 5 para. 16(b)

F449 Definitions inserted (the insertion not being in force until 1.4.1991 so far as it relates to the definition of “NHS contract”) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(d)

F450 Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(e)

F451 Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(a)

F452 Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(b)

F453 Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(f)

F454 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(g)

F455 Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(h)

F456 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(i)

F457 Definition substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(e)

Marginal Citations

M60 1984 c. 24(83:1).

M61 1958 c. 32(83:1).

M62 1946 c. 81.

M63 1983 c. 20(85).

M64 1944 c. 31(41:1).

M65 1978 c. 30(115:1).

129 Transitional provisions and savings, consequential amendments, and repeals. U.K.

Schedule 14 to this Act is hereby given effect, and subject to the transitional provisions and savings contained in that Schedule—

(a) the enactments and the Order specified in Schedule 15 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F458

but nothing in this Act shall be taken as prejudicing the operation of [F459 sections 16(1) and 17(2)(a) of the M66 Interpretation Act 1978] (which relates to the operation of repeals).

Textual Amendments

F458 S. 129(b) repeals enactments specified in Sch. 16

F459 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)

Marginal Citations

M66 1978 c. 30(115:1).

130 Short title, extent and commencement. U.K.

(1) This Act may be cited as the National Health Service Act 1977.

(2) This Act does not extend to Scotland, except as is mentioned in paragraph 3 of Schedule 11 to this Act.

(3) The following provisions only of this Act apply to Northern Ireland—

(a) this subsection and subsections (1) above and (5) below;

(b) section 57 above and Schedule 11 to this Act;

(c) section 114(2) above and Part I of Schedule 13 to this Act, section 119(5) above, and section 120(1) above so far as it relates to the provisions mentioned in this paragraph;

(d) paragraph 13 of Schedule 14 to this Act so far as it relates to any enactment which extends to Northern Ireland;

(e) paragraph (a) of section 129 above and Schedule 15 to this Act so far as they amend any enactment and order which extends to Northern Ireland;

(f) paragraph (b) of section 129 and Schedule 16 to this Act so far as they repeal any enactment which extends to Northern Ireland.

(4) The Secretary of State may by order provide that this Act shall extend to the Isles of Scilly with such modifications, if any, as are specified in the order, and except as provided in pursuance of this subsection this Act does not extend to the Isles of Scilly.

The Secretary of State may by any such order amend or repeal any provisions contained in the Isles of Scilly Orders 1927 to 1943.

(5) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

Modifications etc. (not altering text)

C58 S. 130(4) extended by Mental Health Act 1983 (c. 20, SIF 85), s. 149(4)