Part 1Promotion and provision of the health service in England

NHS contracts

C111Arrangements to be treated as NHS contracts

1

This section applies to any arrangement under which F1F4NHS England,F2... F3... or such other health service body as may be prescribed arrange for the provision to it—

a

by a contractor under a general ophthalmic services contract,

b

by a person on an ophthalmic list,

c

by a person on a pharmaceutical list, or

d

by a person who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978 (c. 29),

of the goods or services mentioned in subsection (2).

2

The goods or services are those that the body reasonably requires for the purposes of its functions, other than functions under—

a

section 115 (primary ophthalmic services),

b

Chapter 1 or 2 of Part 7 (pharmaceutical services and local pharmaceutical services under pilot schemes), or

c

Part 6 of, or Chapter 1 or 2 of Part 7 of, the National Health Service (Wales) Act 2006 (c. 42) (general ophthalmic services and pharmaceutical services and local pharmaceutical services under pilot schemes).

3

Any such arrangement must be treated as an NHS contract for the purposes of section 9 (other than subsections (7) and (10)).

4

“Health service body” means a body which is a health service body for the purposes of section 9.

5

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

a

section 72(1)(a) of the National Health Service (Wales) Act 2006,

b

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

c

Article 62(2)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).

6

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.

7

“Pharmaceutical list” includes a list published in accordance with regulations made under—

a

section 83(2)(a) of the National Health Service (Wales) Act 2006, or

b

Article 63(2A)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972.