National Health Service Act 1977

Prospective

[F128D Persons with whom agreements may be made.E+W+S

(1)A [F2Strategic 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;

[F3(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.

[F4(f)a Primary Care Trust]

[F5(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 M1National 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 [F6paragraph (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 M2Dentists 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

F1SS. 28C-28D inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F4S. 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)

F6S. 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