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National Health Service Act 1977
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Changes over time for: Section 41
Version Superseded: 08/03/2002
Alternative versions:
- 01/02/1991- Amendment
- 03/10/1994- Amendment
- Stop date 04/10/1994- Amendment
- 28/06/1995- Amendment
- 15/08/1997- Amendment
- 12/02/2002- Amendment
- 12/02/2002
Point in time - 08/03/2002- Amendment
- 01/10/2002- Amendment
- 09/07/2003- Amendment
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41 Arrangements for pharmaceutical services.E+W+S
[F1It is the duty of every [F2Health Authority], in accordance with regulations, to arrange as respects their [F3area] for the [F4provision to persons who are in that [F3area] 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; . . . F5
[F6(b)proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision [F7of dental services by a Health Authority, a Special Health Authority or an NHS trust]; . . . F8
(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.][F9and]
[F10(cc)listed drugs and medicines and listed appliances which are ordered for those persons by a prescribed description of [F11registered nurse or midwife] in pursuance of functions in the health service, the Scottish health service or the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony); and]
[F12(d)such other services as may be prescribed.]
The services so provided are [F13, together with additional pharmaceutical services provided in accordance with a direction under section 41A, referred to in this Act] 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 M1National Health Service (Scotland) Act 1947 or any service provided in pursuance of Article 4(a) of the M2Health and Personal Social Services (Northern Ireland) Order 1972.
Textual Amendments
F1Words substituted by S.I. 1985/39, art. 7(13)(a)
F2Words in s. 41 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. 29(a) (with Sch. 2 paras. 6, 16)
F3Words in s. 41 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. 29(b) (with Sch. 2 paras. 6, 16)
F4Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(1)(a)
F5Word repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7
F6S. 41(b)(c) substituted for s. 41(b) by Health Services Act 1980 (c. 53, SIF 113:2), s. 20(1)
F7Words in s. 41 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. 29(c) (with Sch. 2 paras. 6, 16)
F8Word 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
F9Word at the end of s. 41(c) (which was inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(c)) omitted (3.10.1994) by virtue of Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28), s. 2; S.I. 1994/2408, art. 2
F10S. 41(cc) inserted (3.10.1994) by Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28), s. 2; S.I. 1994/2408, art. 2
F11Words in s. 41(cc) substituted (the amendment coming into force in accordance with art. 1(3) of the amending S.I.) by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54, Sch. 5 para. 6
F12S. 41(d) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(c).
F13Words in s. 41 substituted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 13; S.I. 1997/1780, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 41 modified ( prosp. ) by 1997 c. 46, s. 41(3)(11), Sch. 2 Pt. II para. 79
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