(1)The Secretary of State may authorise the accommodation described in this section to be made available, [F1for 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.
[F2(1C)References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F1Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(9)(a)
F2S. 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)
Modifications etc. (not altering text)
C1S. 63: transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1
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.
(1)[F5Subject to the provisions of this section, to such extent as they may determine, a [F6Health Authority 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 [F7available, such charges as the Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied] that to do so—
(a)will not to a significant extent interfere with the performance by [F8the Health Authority or Special Health Authority of any function conferred on them 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.
[F9(1A)Before determining to make any accommodation or services available as mentioned in subsection (1) above, a [F10Health Authority or Special Health Authority] shall consult organisations representative of the interests of persons likely to be affected by the determination.]
(2)[F11A Health Authority or Special Health Authority] may allow accommodation and services [F12which 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.
F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14(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.]]
Textual Amendments
F4S. 65 substituted for ss. 65 and 66 by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 7(10)
F5Words 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)
F6Words in s. 65(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 38(a)(i) (with Sch. 2 para. 6)
F7Words in s. 65(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 38(a)(ii) (with Sch. 2 para. 6)
F8Words in s. 65(1)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 38(a)(iii) (with Sch. 2 para. 6)
F9S. 65(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(3)
F10Words in s. 65(1A) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 38(b) (with Sch. 2 para. 6)
F11Words in s. 65(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 38(c) (with Sch. 2 para. 6)
F12Words in s. 65(2) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 25(4)(b)
F14S. 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)
C2S. 65(1): by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 25(2)(b) it is provided (1.4.1991) 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 a reference to the District Health Authority or Special Health Authority, as the case may require.
Textual Amendments
Textual Amendments
F16Ss. 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