National Health Service (Scotland) Act 1978

[F117AA Provision of certain services under NHS contracts. S

(1)This section applies to any arrangement under which a Health Board or such other health service body as may be prescribed arrange for the provision to them—

(a)by a person on an ophthalmic list, or

(b)by a person on a pharmaceutical list,

of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of this Act.

(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 17A (other than subsections (5) and (7)).

(3)In this section—

  • “ health service body ” means a person or body which is a health service body for the purposes of section 17A;

  • “ ophthalmic list ” means

    (a)

    [F2in relation to a list published in accordance with regulations made under paragraph (a) of section 26(2) of this Act, the first part of the list which is referred to in sub-paragraph (i) of that paragraph; ]

    (b)

    [F3 a list published in accordance with regulations made under ] section 39(a) of the M1 National Health Service Act 1977; or

    (c)

    [F3 a list published in accordance with regulations made under ] article 62(2)(a) of the M2 Health and Personal Social Services (Northern Ireland) Order 1972; and

  • “ pharmaceutical list ” means a list published in accordance with regulations made under—

    (a)

    section 27(2) of this Act;

    (b)

    section 42(2)(a) of the National Health Service Act 1977; or

    (c)

    Article 63(2A)(a) of the 1972 Order.]

Textual Amendments

F1S. 17AA inserted (1.9.1997) by 1997 c. 46, s. 31(2); S.I. 1997/1780, art. 2(3)

F2S. 17AA(3): words in definition of "ophthalmic list" substituted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(5)(a); S.S.I. 2006/121, art. 3(b), Sch. 2

F3S. 17AA(3): words in definition of "ophthalmic list" inserted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(5)(b); S.S.I. 2006/121, art. 3(b), Sch. 2

Modifications etc. (not altering text)

Marginal Citations