Part I Organisation

Co-operation and assistance

F117D Persons with whom agreements may be made.

(1)

A Health Board may make an agreement under section 17C only with one or more of the following—

(a)

an NHS trust;

(b)

in the case of an agreement under which personal medical services are provided—

(i)

a qualifying medical practitioner;

(ii)

an individual who is providing personal medical services in accordance with section 17C arrangements or section 28C arrangements;

(c)

in the case of an agreement under which personal dental services are provided—

(i)

a qualifying dental practitioner;

(ii)

an individual who is providing personal dental services in accordance with section 17C arrangements or section 28C arrangements;

(d)

an NHS employee, a section 17C employee or a section 28C employee;

(e)

a qualifying body.

(2)

In this section—

“the 1977 Act” means the M1National Health Service Act 1977;

“NHS employee” means an individual who, in connection with the provision of services in the health service in Scotland or England and Wales, is employed by—

(a)

an NHS trust;

(b)

in the case of an agreement under which personal medical services are provided—

  1. (i)

    a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1977 Act; or

  2. (ii)

    a medical practitioner who is providing personal medical services in accordance with section 17C arrangements or section 28C arrangements;

(c)

in the case of an agreement under which personal dental services are provided—

  1. (i)

    a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 25(2)(a) of this Act or section 36(1)(a) of the 1977 Act; or

  2. (ii)

    a dental practitioner who is providing personal dental services in accordance with section 17C arrangements or section 28C arrangements;

“qualifying body” means—

(a)

a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraphs (a) to (d) of subsection (1); and also

(b)

in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the M2Dentists Act 1984, is entitled to carry on the business of dentistry;

“qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 17E(2)(b) of this Act or section 28E(2)(b) of the 1977 Act;

“qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under section 17E(2)(b) of this Act or section 28E(2)(b) of the 1977 Act;

“section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;

“section 28C arrangements” means arrangements for the provision of services made under section 28C of the 1977 Act; and

“section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.