19(1)In any case where an NHS trust provides goods or services for the benefit of an individual and—
(a)the provision of those goods or services is not 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 within the primary functions of a District Health Authority or is a function of a health board,
the trust shall be remunerated by that Authority or health board in respect of the provision of the goods or services in question.
[F1(1A)The reference in sub-paragraph (1) above to a function of a health board shall, in relation to a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972, be construed as a reference to a primary function of such a Board within the meaning of Article 9 of the Health and Personal Social Services (Northern Ireland) Order 1991.]
(2)The rate of any remuneration payable by virtue of sub-paragraph (1) above shall be calculated in such manner or on such basis as may be determined by the Secretary of State.
Textual Amendments
F1Sch. 2 para. 19(1A) inserted by S.I. 1991/195, art. 7(9)
20In any case where an NHS trust provides goods or services for the benefit of an individual and—
(a)the provision of those goods or services is not pursuant to an NHS contract, and
(b)the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this paragraph by a direction made by the Secretary of State,
the trust shall be remunerated by the Secretary of State in respect of the provision of the goods or services in question at such rate or rates as he considers appropriate.