Trade Union and Labour Relations (Consolidation) Act 1992

Health service practitioners E+W+S

279 Health service practitioners. E+W+S

[F1 (1)] In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person [F2 performing F3 . . . personal dental services or] providing F3 . . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—

(a) by a [F4 Strategic Health Authority][F5 Primary Care Trust or][F6 Local Health Board] under section F7 . . . 38 or 41 of the M1 National Heath Service Act 1977, or

(b) by a Health Board under section [F8 17C,]. . . 25, 26, or 27 of the M2 National Health Service (Scotland) Act 1978;

[F9 or as a person providing local pharmaceutical services under a pilot scheme established by a [F10 Primary Care Trust or] Health Authority under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established by a [F10 Primary Care Trust or] Health Authority under Schedule 8A to the National Health Service Act 1977 (c. 49) ;]and employer, in relation to such an individual, regarded in that capacity, means that authority or board.

[F11 (2) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—

(a) in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under section 28C of the National Health Service Act 1977; or

(b) under a contract under section 28K or 28Q of that Act entered into by him with a Primary Care Trust or Local Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board.]

[F12 (3) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–

(a) in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or

(b) under a contract under section 17J of that Act entered into by him with a Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.]

Textual Amendments

F1 S. 279 renumbered as s. 279(1) (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(3) (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))

F2 Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(a); S.I. 1998/631, art. 2(1)

F3 Words in s. 279(1) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(a)(i) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)

F4 Words in s. 279(1)(a) inserted (E.W.) (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 4(3), 42(3), Sch. 3 Pt. 2 para. 13; S.I. 2002/2478, art. 3(1)(c)

F5 Words in s. 279(1)(a) inserted (1.10.2002 for E.W. and otherwise prosp.) by 2002 c. 17, ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 60; S.I. 2002/2478, art. 3(1)(d)

F6 Words in s. 279(1)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 22

F7 Words in S. 279(1)(a) repealed (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(2), Sch. 14 Pt. 4 (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, arts. 5(2)(v), 6(2)(k) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, arts. 4(z), 5(2)(k) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))

F8 Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(c); S.I. 1998/631, art. 2(1)

F9 Words in s. 279 inserted (1.7.2002 for W. and 1.1.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 9 (with ss. 64(9), 65(4)) ; S.I. 2002/1475, art. 2, Sch. Pt. 1; S.I. 2003/53, art. 2(a)

F10 Words in s. 279 inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 para. 82; S.I. 2002/2478, art. 3(1)(d) (with arts. 3(3), 4)

F11 S. 279(2) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(4) (with savings by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))

F12 S. 279(3) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(b) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)

Modifications etc. (not altering text)

C1 S. 279(2) modified (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), arts. 1(2), 109(2)(d)

C2 S. 279(2) modified (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), arts 1(2), 85(2)(d)

C3 S. 279(3)(b) modified (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96

Marginal Citations

M1 1977 c. 49.

M2 1978 c. 29.