National Health Service Act 1977 (c. 49)

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

Modifications etc. (not altering text)

C1 Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C2 Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C3 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

Local representative committees E+W+S

44 Recognition of local representative committees. E

[F1 (ZA1) A Primary Care Trust may recognise a committee formed for its area, or for the area of that and one or more other Primary Care Trusts, which it is satisfied isrepresentative of—

(a) the medical practitioners providing general medical services or general ophthalmic services in the Primary Care Trust’s area;

(b) those medical practitioners and the deputy medical practitioners for the Primary Care Trust’s area;

(c) the medical practitioners mentioned in—

(i) paragraph (a) above; or

(ii) paragraph (b) above,

and the section 28C medical practitioners for the Primary Care Trust’s area,

and any committee so recognised shall be called the Local Medical Committee for the Primary Care Trust’s area.]

[F2 (A1) A Health Authority may recognise a committee formed for their area which they are satisfied is representative of—

(a) the medical practitioners providing general medical services or general ophthalmic services in that area;

(b) those medical practitioners and the deputy medical practitioners for that area; or

(c) the medical practitioners mentioned in—

(i) paragraph (a) above; or

(ii) paragraph (b) above,

and the section 28C medical practitioners for that area,

and any committee so recognised shall be called the Local Medical Committee for the area.

[F3 (A2) A Primary Care Trust may recognise a committee formed for its area, or for the area of that and one or more other Primary Care Trusts, which it is satisfied isrepresentative of—

(a) the dental practitioners providing general dental services in the Primary Care Trust’s area;

(b) those dental practitioners and the deputy dental practitioners for the Primary Care Trust’s area;

(c) the dental practitioners mentioned in—

(i) paragraph (a) above; or

(ii) paragraph (b) above,

and the section 28C dental practitioners for the Primary Care Trust’s area,

and any committee so recognised shall be called the Local Dental Committee for the Primary Care Trust’s area.]

(B1) A Health Authority may recognise a committee formed for their area which they are satisfied is representative of—

(a) the dental practitioners providing general dental services in that area;

(b) those dental practitioners and the deputy dental practitioners for that area; or

(c) the dental practitioners mentioned in—

(i) paragraph (a) above; or

(ii) paragraph (b) above,

and the section 28C dental practitioners for that area,

and any committee so recognised shall be called the Local Dental Committee for the area.]

[F4 (B2) Where a Primary Care Trust is satisfied that a committee formed for its area, or for its area together with the area of one or more other Primary Care Trusts, isrepresentative—

(a) of the ophthalmic opticians providing general ophthalmic services in the Primary Care Trust’s area; or

[F5 (b) of—

(i) the persons providing pharmaceutical services from premises in the Primary Care Trust’s area, or

(ii) the persons mentioned in sub-paragraph (i) above and the persons providing local pharmaceutical services in the Primary Care Trust’s area,]

the Primary Care Trust may recognise that committee; and any committee so recognised shall be called the Local Optical Committee or the Local Pharmaceutical Committee, asthe case may be, for the area of the Primary Care Trust.]

(1) Where [F6 a [F7 Health Authority are satisfied] that a committee formed for [F7 their area] is representative]—

[F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c) of the ophthalmic opticians . . . F9 providing general ophthalmic services in that [F7 area], or

(d) of the persons providing pharmaceutical services [F10 from premises] in that [F7 area],

[F11 the Family Health Services Authority] may recognise that committee; and any committee so recognised shall be calledF12 . . . the Local Optical Committee or the Local Pharmaceutical Committee, as the case may be, for the [F7 area] concerned.

(2) Any such committee may F13 . . . delegate any of their functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

[F14 (3) For the purposes of this section and section 45 below, a person who meets the condition in subsection (4) below—

(a) is a deputy medical practitioner for the area of a [F15 Primary Care Trust or] Health Authority if he is a medical practitioner who assists a medical practitioner providing general medical services in that area in the provision of those services but is not himself on a [F16 medical list]];

[F17 (aa) is a section 28C medical practitioner for the area of a Primary Care Trust if he is a medical practitioner who performs personal medical services in the area of the PrimaryCare Trust in accordance with arrangements made under section 28C above;]

(b) is a section 28C medical practitioner for the area of a Health Authority if he is a medical practitioner who provides or performs personal medical services in accordance with arrangements made under section 28C above by the Health Authority (whether with himself or another);

(c) is a deputy dental practitioner for the area of a [F18 Primary Care Trust or] Health Authority if he is a dental practitioner who assists a dental practitioner providing general dental services in that area in the provision of those services but is not himself on a [F19 list of dental practitioners and dental corporations undertaking to provide general dental services];

[F20 (ca) is a section 28C dental practitioner for the area of a Primary Care Trust if he is a dental practitioner who performs personal dental services in the area of the PrimaryCare Trust in accordance with arrangements made under section 28C above;]

(d) is a section 28C dental practitioner for the area of a Health Authority if he is a dental practitioner who provides or performs personal dental services in accordance with arrangements made under section 28C above by the Health Authority (whether with himself or another)

[F21 (e) is a person providing local pharmaceutical services in the area of a Primary Care Trust if he provides such services in accordance with LPS arrangements made by the Primary Care Trust (whether with himself or another.)].

(4) The condition referred to in subsection (3) above is that the person concerned has notified the [F22 Primary Care Trust or] Health Authority that he wishes to be represented under this section by the appropriate committee for their area (and has not notified them that he wishes to cease to be so represented).

(5) For the purposes of subsection (3) above—

(a) a person is to be treated as assisting a medical practitioner or dental practitioner in the provision of services if he is employed by that practitioner for that purpose or if he acts as his deputy in providing those services; [F23 . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1 This version of this provision extends to England only; a separate version has been created for Wales (and any Scotland extent) only.

Textual Amendments

F1 S. 44(ZA1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(2)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F2 S. 44(A1)(B1) inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purpose and otherwise prosp.) by 1999 c. 8, ss. 11(2), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch.

F3 S. 44(A2) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(3)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F4 S. 44(B2) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(4)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F5 S. 44(B2)(b) substituted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 19(b)

F6 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

F7 Words in s. 44(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. 32(a) (with Sch. 2 paras. 6, 16)

F8 S. 44(1)(a)(b) omitted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purposes) by virtue of 1999 c. 8, ss. 11(3); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch. and repealed (1.4.2000 for E.W.) by 1999 c. 8, ss. 65(2), Sch. 5; S.I. 2000/1041, art. 2(c)(d), Sch.

F9 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F10 Words in s. 44(1)(d) inserted (1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 43(6), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(6); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F11 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

F12 Words in s. 44(1) omitted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purposes) by virtue of 1999 c. 8, ss. 11(3); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch. and repealed (1.4.2000 for E.W. ) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5; S.I. 2000/1041, art. 2(d), Sch.

F13 Words in s. 44(2) omitted (1.10.2002) by virtue of National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 5(5), 42(3); S.I. 2002/2478, {art. 3(1(a))}; and those same words repealed (1.10.2002 for E. and 10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 37(2), Sch. 9 Pt. 1; S.I. 2002/2478, art. 3(2)(c)(i); S.I. 2002/2532, art. 2, Sch.

F14 S. 44(3)-(5) inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 11(4), 67(1); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 2000/1026, art. 2(1), Sch.

F15 Words in s. 44(3)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(6)(a)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F16 Words in s. 44(3)(a) substituted (1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(7)(a) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.; S.I. 2002/1475, art. 2(1) Sch. Pt 1

F17 S. 44(3)(aa) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(6)(b)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F18 Words in s. 44(3)(c) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(6)(a)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F19 Words in s. 44(3)(c) substituted (1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(7)(b) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.; S.I. 2002/1475, art. 2(1) Sch. Pt 1

F20 S. 44(3)(ca) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(6)(c)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F21 S. 44(3)(e) inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 19(b)

F22 Words in s. 44(4) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. {5(7)}, 42(3); S.I. 2002/2478, art. 3(1)(a)

F23 S. 44(5)(b) and the preceding word repealed (1.4.2002) by 2001 c. 15, ss. 67(1)(2), 70(2), Sch. 5 Pt. 1 para. 5(7)(c), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch. Pt. 1; and the repeal also purportedly brought in to force at 1.7.2002 for W. by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C4 S. 44(1) amended by S.I. 1990/2511, art. 5(1)