Part I The National Health Service: England and Wales

Local management

4AF1 Provision of certain services under NHS contracts.

F21

This section applies to any arrangement under which F3a Strategic Health Authority,F4a Primary Care Trust, a Health Authority or such other health service body as may be prescribed arrange for the provision to them—

a

by a person on an ophthalmic list, F10. . .

F5aa

by a contractor under a general ophthalmic services contract, or

b

by a person on a pharmaceutical list,

of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of the principal Act F6other than under section 16CD of that Act.

2

Any such arrangement is to be treated as an NHS contract for the purposes of section 4 (other than subsections (4) and (6)).

3

In this section—

  • F7“general ophthalmic services contract” and “contractor” under such a contract have the meanings given by section 28WA of the principal Act;

  • “health service body” means a body which is a health service body for the purposes of section 4;

  • “ophthalmic list” means a list published in accordance with regulations made under—

    1. a

      section F839(1)(a) of the principal Act;

    2. b

      section 26(2)(a) of the M1National Health Service (Scotland) Act 1978; or

    3. c

      Article 62(2)(a) of the M2Health and Personal Social Services (Northern Ireland) Order 1972; and

  • “pharmaceutical list” means a list published in accordance with regulations made under—

    1. a

      section 42(2)(a) of the principal Act;

    2. b

      section 27(2) of the National Health Service (Scotland) Act 1978; or

    3. c

      Article 63(2A)(a) of the 1972 Order.

F94

In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.