National Health Service and Community Care Act 1990

The National Health Service Act 1977 E+W+S

18 (1) In section 41 of the M1 National Health Service Act 1977 (arrangements for pharmaceutical services)—

(a) for the words “supply to persons who are in that locality” there shall be substituted “provision to persons who are in that locality of”;

(b) in paragraph (b) after the words “health authority” there shall be inserted “or an NHS trust” and the word “and” at the end of the paragraph shall be omitted; and

(c) after paragraph (c) there shall be inserted “and

(d) such other services as may be prescribed.”

(2) At the end of section 43 of that Act (persons authorised to provide pharmaceutical services) there shall be added the following subsection—

“(3) No arrangements for the provision of pharmaceutical services falling within section 41(d) above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.”

(3) In section 63 of that Act (hospital accommodation on part payment) after subsection (1) there shall be inserted the following subsection—

“(1C) References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.”

(4) At the end of section 65 of that Act (accommodation and services for private patients) there shall be added the following subsection—

“(4) References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.”

(5) In section 83A of that Act (remission and repayment of charges and payment of travelling expenses) in subsection (1)—

(a) in paragraph (b) after the words “Secretary of State” there shall be inserted “or an NHS trust” and at the end there shall be added “and”, and

(b) after paragraph (b) there shall be inserted the following paragraph—

“(c) for the reimbursement by a District Health Authority to an NHS trust and, in such cases as may be prescribed to another District Health Authority, of payments made by virtue of exercising the functions conferred under paragraph (b) above”.

(6) In section 84 of that Act (inquiries) at the end of subsection (1) there shall be added the words “or Part I of the National Health Service and Community Care Act 1990”.

(7) In section 85 of that Act (default powers)—

(a) in subsection (1), for paragraph (e) there shall be substituted the following paragraph—

“(e) an NHS trust”;

and in the words following paragraph (g) after the words “this Act” there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”;

(b) in subsection (2), for the words from the beginning to “body shall” there shall be substituted “The members of the body in default shall”;

(c) subsections (3) and (4) shall be omitted.

(8) In section 86 of that Act (emergency powers) after the words “this Act”, in the first place where they occur, there shall be inserted “or Part I of the National Health Service and Community Care Act 1990” and after the words “this Act”, in the second place where they occur, there shall be inserted “or that Part”.

(9) At the end of section 103 of that Act (special arrangement as to payment of remuneration) there shall be inserted the following subsection—

“(3) If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—

(a) an NHS trust determined in accordance with the order shall have the function of paying sums so determined to the Family Health Services Authority which, under Part II of this Act, has the function of paying that remuneration; and

(b) nothing in subsection (2) above shall apply with respect to that remuneration.”

F1 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In section 122 of that Act (recovery of charges), in subsection (1) after the words “this Act”, in the second place where they occur, there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”.

(13) In Schedule 7 to that Act (additional provisions as to Community Health Councils), in paragraph 2—

(a) in sub-paragraph (d) after the word “by” there shall be inserted “Regional Health Authorities, NHS trusts”; and

(b) in sub-paragraph (e) for the words from “such Authorities”, in the first place where those words appear, to the end of the sub-paragraph there shall be inserted “Regional and District Health Authorities, NHS trusts or relevant Family Health Services Authorities, and the right of members of Councils to enter and inspect premises controlled by such health authorities or NHS trusts”.

(14) In Schedule 8 to that Act (local social services authorities’ functions)—

(a) in paragraph 1 (care of mothers) after the word “mothers” there shall be inserted “(other than for the provision of residential accommodation for them)”;

(b) in paragraph 2 (prevention, care and after-care)—

(i) sub-paragraphs (1)(a) and (4) (which make provision respectively for the provision by authorities of residential accommodation and for regulations to be made conferring powers of inspection of certain premises provided under that paragraph) shall cease to have effect; and

(ii) after sub-paragraph (4A) there shall be inserted—

“(4AA) No authority is authorised or may be required under this paragraph to provide residential accommodation for any person.”

Textual Amendments

F1 Sch. 9 para. 18(10)(11) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch.3 (with s. 3(4)).

Commencement Information

I1 Sch. 9 para. 18 wholly in force at 1.4.1993; Sch. 9 para. 18 not in force at Royal Assent see s. 67(2); Sch. 9 para. 18(1)(b)(3)-(13) in force at 5.7.1990 and Sch. 9 para. 18(1)(a)(c)(2) in force at 17.9.1990 by S.I. 1990/1329; Sch. 9 para. 18(14) in force at 1.4.1993 by S.I. 1992/2975, art. 2(2), Sch.

Marginal Citations

M1 1977 c. 49.