Part IU.K. Organisation

Co-operation and assistanceS

[F117D Persons with whom agreements may be made.S

(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—

    (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

    (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—

    (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

    (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.]

Textual Amendments

F1S. 17D inserted (5.3.2001 for certain purposes only and otherwiseprosp.) by 1997 c. 46, ss. 21(2), 40(3); S.S.I. 2001/58, art. 2

Marginal Citations