National Health Service (Primary Care) Act 1997 (c. 46)

Part II U.K. Primary Care

NHS contracts E+W+S

31 Provision of certain services under NHS contracts. E+W+S

(1) In the M1 National Health Service and Community Care Act 1990, after section 4 (NHS contracts), insert—

“4A Provision of certain services under NHS contracts.

(1) This section applies to any arrangement under which 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, 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.

(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—

• “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 39(a) of the principal Act;

  (b)

  section 26(2)(a) of the M2 National Health Service (Scotland) Act 1978; or

  (c)

  Article 62(2)(a) of the M3 Health 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.”

(2) In the 1978 Act, after section 17, insert—

“ NHS contracts E+W+S

17AA Provision of certain services under NHS contracts.

(1) This section applies to any arrangement under which a Health Board or such other health service body as may be prescribed arrange for the provision to them—

(a) by a person on an ophthalmic list, 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 this Act.

(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 17A (other than subsections (5) and (7)).

(3) In this section—

• “health service body” means a person or body which is a health service body for the purposes of section 17A;

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

  (a)

  section 26(2)(a) of this Act;

  (b)

  section 39(a) of the M4 National Health Service Act 1977; or

  (c)

  Article 62(2)(a) of the M5 Health and Personal Social Services (Northern Ireland) Order 1972; and

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

  (a)

  section 27(2) of this Act;

  (b)

  section 42(2)(a) of the National Health Service Act 1977; or

  (c)

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

Marginal Citations

M1 1990 c. 19.

M2 1978 c. 29.

M3 S.I. 1972/1265 (N.I.14).

M4 1977 c. 49.

M5 S.I. 1972/1265 (N.I.14).