National Health Service (Scotland) Act 1978

[F1 Reimbursement for health services work carried out otherwise than under contract S

Textual Amendments

F1 Schs. 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 [F2 Health Authority established under section 8] of the National Health Service Act 1977, F3 . . .

the trust shall be remunerated by that Board F4 . . . [F5 or 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

F2 Words 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)

F3 Words in Sch. 7A para. 22(1)(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2

F4 Words in Sch. 7A para. 22(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2

F5 Words in Sch. 7A para. 22(1) inserted by S.I. 1991/195, art. 4(6)

F6 23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F6 Sch. 7A para. 23 repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(d), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2