Part IE+W+S The National Health Service: England and Wales

Local managementE+W

[F14A Provision of certain services under NHS contracts.E+W

[F2(1)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, F5. . .

[F6(aa)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 [F7other 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—

  • [F8“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—

    (a)

    section [F939(1)(a)] of the principal Act;

    (b)

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

    (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—

    (a)

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

    (b)

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

    (c)

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

[F10(4)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.]]]

Textual Amendments

F1S. 4A inserted (1.9.1997) by 1997 c. 46, s. 31(1); S.I. 1997/1780,

F2S. 4A repealed (1.3.2007 for certain purposes, 1.8.2008 for certain purposes and otherwise prosp.) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2)(4)(g)(h)(l)(5)(6), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1); S.I. 2008/1972, art. 2(b)

F3Words in s. 4A(1) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 41; S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)

F4Words in s. 4A(1) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 54; S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)

F8S. 4A(3): definition of "general ophthalmic services contract" and "contractor" inserted (19.7.2006 for specified purposes, otherwise 1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(1)(e)(7), Sch. 8 {para. 29(3)}

F9Words in s. 4A(3) substituted (1.7.2002) by virtue of 2001 c. 15, s. 67, Sch. 5 Pt. 1 para. 8 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. 1

F10S. 4A(4) inserted (1.4.2006) by The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056, arts. 1(2)(c), 2, Sch. para. 5(c) (which came into force in accordance with art. 1(2) of that Order and The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (S.S.I. 2006/135) which were made on 10.3.2006 under substituted s. 26 of the National Health Service (Scotland) Act 1978 (c. 29) and came into force on 1.4.2006)

Marginal Citations