Version Superseded: 30/11/2022
Point in time view as at 05/10/2005.
National Health Service (Scotland) Act 1978, Part III is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6
22(1)In any case where an NHS trust provides goods or services for the benefit of an individual and—S
(a)those goods or services are not provided pursuant to an NHS contract; and
(b)the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision, and
(c)the provision of those goods or services is a function of a Health Board or is within the primary functions of a [F2Health Authority established under section 8] of the National Health Service Act 1977, F3. . .
the trust shall be remunerated by that Board F4. . . [F5or Health and Social Services Board] in respect of the provision of the goods or services in question.
(2)The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Secretary of State.
Textual Amendments
F2Words in Sch. 7A para. 22(1)(c) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1), 2(3), 8(1), Sch. 1 Pt. III para. 102(7)(b)(i) (with Sch. 2 para. 6)
F3Words in Sch. 7A para. 22(1)(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
F4Words in Sch. 7A para. 22(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
F5Words in Sch. 7A para. 22(1) inserted by S.I. 1991/195, art. 4(6)
F623S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 7A para. 23 repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(d), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
24U.K.Where land consisting of a church or other building used or formerly used for religious worship, or the site thereof, or a burial ground, within the meaning of [F7section 197 of the Town and Country Planning (Scotland) Act 1997] (provisions as to churches and burial grounds), is held by an NHS trust for any of its purposes, that section applies to the land as if—
(a)the land had been acquired by the trust as mentioned in subsection (1) of that section; and
(b)the trust were a statutory undertaker, within the meaing of that Act.]
Textual Amendments
F7Words in Sch. 7A para. 24 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 46(1)
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