National Health Service (Wales) Act 2006

Use of facilities in private practice E+W

198 Permission for use of facilities in private practice E+W

(1) A person to whom this section applies who wishes to use any relevant health service accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients may apply in writing to the Welsh Ministers for permission under this section.

(2) Any application for permission under this section must specify—

(a) which of the relevant health service accommodation or facilities the applicant wishes to use for the purpose of providing services to such patients, and

(b) which of the kinds of services mentioned in subsection (1) he wishes the permission to cover.

(3) On receiving an application under this section the Welsh Ministers—

(a) must consider whether anything for which permission is sought would interfere with the giving of full and proper attention to persons seeking or afforded access otherwise than as private patients to any services provided under this Act, and

(b) must grant the permission applied for unless in the opinion of the Welsh Ministers anything for which permission is sought would so interfere.

(4) Any grant of permission under this section is on such terms (including terms as to the payment of charges for the use of the relevant health service accommodation or facilities pursuant to the permission) as the Welsh Ministers may from time to time determine.

(5) The persons to whom this section applies are—

(a) medical practitioners or optometrists who provide services under Part 6,

(b) medical practitioners, registered pharmacists or other persons who provide services under Chapter 1 of Part 7,

(c) chiropodists who provide services under this Act at premises where services are provided under Part 6 or Chapter 1 of Part 7,

(d) persons providing primary medical services or primary dental services under a general medical services contract or a general dental services contract or in accordance with section 50 arrangements or section 64 arrangements.

(6) “Relevant health service accommodation or facilities”, in relation to a person to whom this section applies, means—

(a) any accommodation or facilities available at premises provided by the Welsh Ministers by virtue of this Act, being accommodation or facilities which that person is authorised to use for purposes of this Act, or

(b) in the case of a person to whom this section applies by virtue of subsection (5)(c), accommodation or facilities which that person is authorised to use for purposes of this Act at premises where services are provided under Part 6 or Chapter 1 of Part 7.

Modifications etc. (not altering text)

C1 S. 198: Functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch.

C2 Ss. 71, 72, 78, 80, 109, 198, 206 modified (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 5, 8(2), Sch. 3 para. 4 (with Sch. 3 Pt. 1)