National Health Service (Scotland) Act 1978

Prospective

[F117VResolution of disputes and entry into NHS contracts: pharmaceutical care services contractsS

(1)Regulations may make provision for the resolution of disputes as to the terms of a proposed pharmaceutical care services contract, including, without prejudice to that generality, provision for—

(a)the referral of the terms of the proposed contract to the Scottish Ministers; and

(b)the Scottish Ministers, or a person or panel of persons appointed by them, to determine the terms on which the contract may be entered into.

(2)Regulations may make provision for any person entering, or who has entered, into a pharmaceutical care services contract to be regarded as a health service body for any purposes of section 17A, in circumstances where the person so elects.

(3)Where a person is to be regarded as a health service body for any purposes of section 17A by reason only of an election by virtue of subsection (2) of this section, that section has effect in relation to that person with the omission of the words “under any enactment” in subsection (1) and with such other modifications (if any) as may be prescribed.

(4)Regulations under subsection (2) may include provision as to the application of section 17A in cases where—

(a)a partnership is to be regarded as a health service body; and

(b)there is a change in the membership of the partnership.]

Textual Amendments

F1Ss. 17Q-17V and cross-heading substituted for s. 17Q (prosp.) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 21, 43(3)