(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 [F1or in accordance with section 28C arrangements] 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.
[F2(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 F3. . . determined in accordance with the order shall have the function of paying sums so determined to [F4a [F5Primary Care Trust, Health Authority or Local Health Board] so determined in respect of the whole or any part of that remuneration]
(b)nothing in subsection (2) above shall apply with respect to [F6the whole or (as the case may be) that part of the] remuneration.]
Textual Amendments
F1Words in s. 103(1)(a) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 25; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)
F2S. 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)
F3Words in s. 103(3)(a) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 37(1), 42(3), Sch. 2 Pt. 1 para. 35(a), Sch. 9 Pt. 3; S.I. 2002/2478, art. 3(1)(d)(f)
F4Words in s. 103(3)(a) substituted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 4(3)(a)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1
F5Words in s. 103(3)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 35(a)(b); S.I. 2002/2478, art. 3(1)(d)
F6Words in s. 103(3)(b) substituted (1.9.1999 for E. and otherwise prosp.) by 1999 c. 8, ss. 4(3)(b)(4), 67; S.I. 1999/2342, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 103(3)(a): by 2001 c.15, Sch. 5 para. 15(12)(a) it is provided (prosp.) that in s. 103(3)(a) after "of this Act" there is inserted "or by virture Sch. 8A to this Act"; and that amending provision is repealed (1.10.2002) by 2002 c. 17, Sch. 8 para. 37, Sch. 9; S.I. 2002/2478