Part IIU.K. Primary Care

NHS contractsE+W+S

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

(1)In the M1National 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 M2National Health Service (Scotland) Act 1978; or

    (c)

    Article 62(2)(a) of the M3Health 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 contractsE+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 M4National Health Service Act 1977; or

    (c)

    Article 62(2)(a) of the M5Health 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