National Health Service (Primary Care) Act 1997

Contents

Part I · Pilot Schemes for Primary Care

General

9Relationship between this Part and the 1977 Act.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2)

(a)

(b)

(3)

10Relationship between this Part and the 1978 Act.#

(2)

(a)

(b)

11Medical practitioners to be suitably experienced.#

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

12Leaving medical lists.#

(2)

13Preferential treatment on transferring to medical lists.#

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Liabilities and obligations in relation to deputies.#

(a)

(b)

(2)

(a)

(b)

(3)In sections 139B and 139C below—• “benefit” means housing benefit or council tax benefit; and• “authority” means an authority which is administering either of those benefits.

16NHS contracts.#

(2)

(3)

(a)

(b)

(4)

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(a)

(b)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(a)

(b)

(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.

17The Dental Practice Boards.#

(2)

(3)

(a)

(b)

(4)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

Financial provisions

18Funding of preparatory work.#

(2)

(a)

(b)

(3)

(a)

(b)

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Charges for dental treatment.#

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(a)

(b)

Preparation and making of pilot schemes

1Pilot schemes.#

(a)

(b)

(2)

(3)

(a)

(b)

(4)

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)For the purposes of this Part—• “authority” means—

(a)

(aa)at a time when—

(b)

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

• “personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part II of the 1977 Act or (as the case may be) Part II of the 1978 Act; and• “personal dental services” means dental services of a kind that may be provided by a general dental practitioner (or, in England and Wales, a dental corporation) in accordance with arrangements made under Part II of the 1977 Act or (as the case may be) Part II of the 1978 Act.

2Provision of personal medical services under a pilot scheme.#

(2)

(a)

(b)

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(3)In this section—• “NHS employee” means an individual who, in connection with the provision of services in the health service, is employed by—(a) an NHS trust;(b) a medical practitioner whose name is included in a medical list; or(c) a medical practitioner who is providing personal medical services in accordance with a pilot scheme;• “pilot scheme employee” means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual providing those services;• “qualifying body” means a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraph (a), (b), (c) (e) or (f) of subsection (2).

(4)

(a)

(b)

3Provision of personal dental services under a pilot scheme.#

(2)

(a)

(b)

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(3)In this section—• “dental list” means—(a) in relation to England and Wales, a list prepared in accordance with regulations made under section 36(1)(a) of the 1977 Act;(b) in relation to Scotland, a list prepared in accordance with regulations made under section 25(2)(a) of the 1978 Act;• “NHS employee” means an individual who, in connection with the provision of services in the health service, is employed by—(a) an NHS trust;(b) a dental practitioner whose name is included in a dental list; or(c) a dental practitioner who is providing personal dental services in accordance with a pilot scheme;• “pilot scheme employee” means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual providing those services;• “qualifying body” means—(a) a body corporate which, in accordance with the provisions of Part IV of the ^noteDentists Act 1984, is entitled to carry on the business of dentistry; or(b) a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraph (a), (b), (c) (e) or (f) of subsection (2).

4Proposals for pilot schemes.#

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

5Approval of pilot schemes.#

(a)

(b)

(2)

(3)

(a)

(b)

(4)

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

6Making of pilot schemes.#

(2)

(3)

(a)

(b)

(4)

Reviews of pilot schemes

7Reviews of pilot schemes.#

(2)

(3)

(a)

(b)

(4)

Services Lists

8ADelegation of Health Authority functions relating to pilot schemes.#

(2)

(3)

8ZALists of persons who may perform personal medical services or personal dental services#

(a)

(b)

(2)

(3)

(a)

(b)

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);

(h)a resolution conferring, varying, revoking or renewing authority under Article 176 (market purchase of company's own shares);

(i)prescribed periods to be disregarded for prescribed purposes;

(j)a resolution for voluntary winding up, passed under Article 70(1)(a) of the Insolvency Order; and

(k)a resolution passed by the directors of an old public company, under Article 4(1) of the Consequential Provisions Order, that the company should be re-registered as a public company.

(4)

(a)

(b)

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(a)

(b)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(a)

(b)

Variation and termination of pilot schemes

8Variation and termination of pilot schemes.#

(2)

(a)

(b)

(3)

(4)

Part II · Primary Care

Medical lists and vacancies

32Medical lists and vacancies: England and Wales.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical practices

34Sale of medical practices.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, for section 35 (sale of medical practices), substitute—“35 1 It is unlawful to sell the goodwill of the medical practice of a person who has at any time—a provided general medical services under arrangements made with any Executive Council or Health Board under the ^noteNational Health Service (Scotland) Act 1947, the ^noteNational Health Service (Scotland) Act 1972 or this Act, orb provided or performed personal medical services in accordance with section 17C arrangements,unless that person no longer provides or performs such services and has never carried on the practice in a relevant area.2 In this section—• “goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;• “medical practice” includes any part of a medical practice; and• “relevant area”, in relation to any Executive Council or Health Board by arrangement with whom a person has at any time—(a) provided general medical services, or(b) provided or performed personal medical services in accordance with section 17C arrangements,means the area of that Council or Board (at that time).3 Schedule 9 supplements the provisions of this section.”

35Employment of pre-registration house officers in medical practices.#

(1)The ^noteMedical Act 1983 is amended as follows.

(2)In subsection (2) of section 10 (experience required for full registration as a medical practitioner), for “approved hospitals or approved institutions,” substitute“— a approved hospitals,b approved institutions, orc approved medical practices,”

(3)In subsection (3) of section 11 (construction of section 10, etc), after the first “where” insert“— a in the case of an approved hospital or an approved institution,”“; or b in the case of an approved medical practice, the person employed satisfies such conditions as to residence as may be prescribed”

(4)In subsection (4) of section 11—

(a)insert in the appropriate place—““medical practice” means a prescribed description of practice in which one or more medical practitioners—a provide general medical services under Part II of the ^noteNational Health Service Act 1977, Part II of the ^noteNational Health Service (Scotland) Act 1978 or Part VI of the ^noteHealth and Personal Social Services (Northern Ireland) Order 1972; orb perform personal medical services in accordance with arrangements made under section 28C of the 1977 Act, section 17C of the 1978 Act or the corresponding provisions of the law in force in Northern Ireland;”

(b)in the definition of “prescribed”, after “means” insert“— a in subsection (3)(b) and in the definition of “medical practice”, prescribed by regulations made by the Secretary of State; andb in the other provisions of this Part,”

(5)After subsection (4) of section 11 insert—“4A The Education Committee may by regulations provide that the period of employment in a medical practice which may be reckoned towards the completion of any of the periods mentioned in section 10(3)(a) above shall not exceed such period as may be specified in the regulations.”

(6)In subsection (5) of section 11, after “under subsection (2) of section 10 above” insert “ or under subsection (4A) of this section ”.

(7)After subsection (6) of section 11 insert—“7 Regulations made by the Secretary of State under this section must be made by statutory instrument; and such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

NHS contracts

31Provision of certain services under NHS contracts.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 17, insert—“17AA 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, orb 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 ^noteNational Health Service Act 1977; or(c) Article 62(2)(a) of the ^noteHealth 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.”

Ophthalmic services

30Duty of registered opticians to refer certain persons to registered medical practitioners.#

(1)Section 31 of the ^noteOpticians Act 1989 (matters with respect to which the General Optical Council may make rules) is amended as follows.

(2)In subsection (5) (power to make rules requiring registered optician to refer persons to registered medical practitioners except in certain circumstances), for the words from “except” to “take the prescribed steps” substitute“except— a in an emergency,b where that person is consulting him for the purpose of being given treatment in accordance with rules under subsection (l)(d) above, orc in such other cases as may be prescribed,take the prescribed steps ”

(3)After subsection (5), insert—“5A Rules made by virtue of subsection (5)(c) may impose conditions which must be satisfied if the exception for which those rules provide is to apply.”

Personal medical or dental services

21Provision of personal medical or dental services.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 17B, insert—“17C 1 A Health Board may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 17E, under which—a personal medical services are provided (otherwise than by the Board); orb personal dental services are provided (otherwise than by the Board).2 An agreement made under this section—a may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services; butb may include arrangements for the provision of services—i which are not personal medical services or personal dental services; butii which may be provided under this Part.3 Except to such extent as may be prescribed—a a patient for whom personal medical services are provided in accordance with an agreement made under this section is not to count as a person for whom arrangements must be made by the Health Board concerned under section 19;b a patient for whom personal dental services are provided under an agreement made under this section is not to count as a person for whom arrangements must be made by the Health Board concerned under section 25.4 This Act (and in particular section 2) has effect, in relation to personal medical services or personal dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section 2) of functions of his under this Part.5 Regulations may provide—a for functions which are exercisable by a Health Board in relation to an agreement made under this section to be exercisable on behalf of the Board by a Health Authority; andb for functions which are exercisable by a Health Authority in relation to an agreement made under section 28C of the ^noteNational Health Service Act 1977 to be exercisable on behalf of the Authority by a Health Board.6 For the purposes of this section—• “Health Authority” has the same meaning as in the National Health Service Act 1977;• “personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part II; and• “personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part II.17D 1 A Health Board may make an agreement under section 17C only with one or more of the following—a an NHS trust;b in the case of an agreement under which personal medical services are provided—i a qualifying medical practitioner;ii an individual who is providing personal medical services in accordance with section 17C arrangements or section 28C arrangements;c in the case of an agreement under which personal dental services are provided—i a qualifying dental practitioner;ii an individual who is providing personal dental services in accordance with section 17C arrangements or section 28C arrangements;d an NHS employee, a section 17C employee or a section 28C employee;e a qualifying body.2 In this section—• “the 1977 Act” means the ^noteNational Health Service Act 1977;• “NHS employee” means an individual who, in connection with the provision of services in the health service in Scotland or England and Wales, is employed by—(a) an NHS trust;(b) in the case of an agreement under which personal medical services are provided—(i) a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1977 Act; or(ii) a medical practitioner who is providing personal medical services in accordance with section 17C arrangements or section 28C arrangements;(c) in the case of an agreement under which personal dental services are provided—(i) a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 25(2)(a) of this Act or section 36(1)(a) of the 1977 Act; or(ii) a dental practitioner who is providing personal dental services in accordance with section 17C arrangements or section 28C arrangements;• “qualifying body” means—(a) a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraphs (a) to (d) of subsection (1); and also(b) in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the ^noteDentists Act 1984, is entitled to carry on the business of dentistry;• “qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 17E(2)(b) of this Act or section 28E(2)(b) of the 1977 Act;• “qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under section 17E(2)(b) of this Act or section 28E(2)(b) of the 1977 Act;• “section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;• “section 28C arrangements” means arrangements for the provision of services made under section 28C of the 1977 Act; and• “section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.”

(3)The Secretary of State may not make an order under section 41(3) bringing this section into force unless he is satisfied, having regard in particular to reviews of pilot schemes which have been conducted under section 7, that it would be in the interests of any part of the health service to bring this section into force.

22Supplementary regulations.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 17D, insert—“17E 1 The Secretary of State may make regulations with respect to the provision of services in accordance with section 17C arrangements.2 The regulations must—a include provision for participants other than Health Boards to withdraw from section 17C arrangements if they wish to do so;b impose conditions (including conditions as to qualifications and experience) to be satisfied by medical practitioners performing personal medical services, and dental practitioners performing personal dental services, in accordance with section 17C arrangements.In paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.3 The regulations may, in particular—a provide that section 17C arrangements may be made only in prescribed circumstances;b provide that section 17C arrangements may be made only in prescribed areas;c provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 17C arrangements;d require details of section 17C arrangements to be published;e make provision with respect to the variation and termination of section 17C arrangements;f prevent (except in such circumstances and to such extent as may be prescribed) a medical practitioner who performs personal medical services in accordance with section 17C arrangements from providing general medical services;g make provision with respect to medical lists, including provision for preferential treatment for medical practitioners;h provide for parties to section 17C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 17A;i provide for directions, as to payments, made under section 17A(8) (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in like manner as extract registered decrees arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland;j confer powers or impose duties on the Dental Practice Board in relation to agreements made by virtue of section 17C(1) under which personal dental services are provided;k authorise Strategic Health Authorities and Health Boards to make payments of financial assistance for prescribed categories of preparatory work undertaken—i in connection with preparing proposals for section 17C arrangements; orii in preparation for the provision of services under proposed section 17C arrangements.4 The regulations must include provision for a medical practitioner who—a has provided or performed personal medical services in accordance with section 17C arrangements, andb in contemplation of doing so, gave up fund-holding status,to be allowed to return immediately to fund-holding status on satisfying the Secretary of State that, if he were granted that status, he would be able to fulfil the conditions for the time being in force for continuing to have it.For the purposes of this subsection “fund-holding status” has such meaning as may be prescribed.5 The Secretary of State must—a consider whether section 17C arrangements are likely to have an adverse effect on the distribution of medical practitioners providing general medical services or performing personal medical services in Scotland;b if he thinks that the arrangements are likely to have that effect, consider whether it is necessary to include in the regulations provisions designed to secure that, so far as is possible, the arrangements do not have that effect; andc if he thinks that it is necessary, include such provisions in the regulations.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Regulations made by virtue of subsection (3)(g) may, in particular, include provision—a requiring (except in prescribed circumstances) Health Boards to remove from their medical lists persons who are performing personal medical services in accordance with section 17C arrangements or corresponding services under section 28C of the ^noteNational Health Service Act 1977;b conferring a right to transfer to a medical list on persons who have ceased to perform such services;c that any provision in relation to medical lists made by or under any enactment is not to apply;d as to conditions to be attached to entries in medical lists;e conferring powers of disqualification on the Tribunal constituted under section 29.8 The power to make provision under this section of the kind mentioned in subsection (3)(j) includes power—a to authorise or require the Dental Practice Board to perform on behalf of a Health Board functions of a prescribed description (including functions relating to remuneration) which have been delegated to the Dental Practice Board by the Health Board in accordance with a power conferred by the regulations;b to provide that functions conferred by the regulations are only to be exercised by the Dental Practice Board in accordance with directions of the Secretary of State;c to require information for the purpose of performing any functions conferred or imposed on the Dental Practice Board under this section.9 In this Act “section 17C arrangements” means arrangements for the provision of services made under section 17C.”

23Right to choose medical practitioner.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Right to choose dental practitioner.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 17F, insert—“17G 1 Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.2 The regulations shall, in particular, prescribe the procedure for choosing a practitioner.3 The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.4 In this section “primary dental services” means dental services which are—a provided, in accordance with section 17C arrangements, as personal dental services; orb provided under Part II as general dental services.”

25Liabilities and obligations in relation to deputies.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 24, insert—“24A 1 Regulations may make provision with respect to the liabilities and obligations of—a a Part II practitioner who, in connection with any obligation of his to provide general medical services, enters into arrangements under which a Part I practitioner deputises, or is engaged to deputise, for him; orb a Part II practitioner who enters into arrangements under which he deputises, or is engaged to deputise, for a Part I practitioner, in connection with that practitioner’s obligation to perform personal medical services in accordance with section 17C arrangements.2 The regulations may, in particular—a modify any liabilities or obligations which would otherwise be applicable by virtue of this Part;b apply (with or without modifications) any provision made by or under this Part (including any provision so made by virtue of section 17 of the ^noteHealth and Medicines Act 1988).3 In subsection (1)—• “Part I practitioner” means a medical practitioner who performs personal medical services in accordance with section 17C arrangements; and• “Part II practitioner” means a medical practitioner who provides general medical services.”

Pharmaceutical services

27Provision of additional pharmaceutical services.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 27, insert—“27A 1 The Secretary of State may—a give directions to a Health Board requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; orb by giving directions to a Health Board authorise them to arrange for such provision if they wish to do so.2 Directions under this section may make different provision in relation to different services specified in the directions.3 The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.4 In this section—• “additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 27) as may be specified in the directions; and• “Drug Tariff” means the Drug Tariff published under regulation 9 of the ^noteNational Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 or under any corresponding provision replacing, or otherwise derived from, that regulation.”

28Terms and conditions etc.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the 1978 Act, after section 27A, insert—“27B 1 Directions under section 27A may require the Health Board to whom they apply, when making arrangements—a to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;b to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.2 The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.3 Different arrangements may be made with respect to—a the provision of the same service by the same person but in different circumstances; orb the provision of the same service by different persons.4 A Health Board must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.5 After making any arrangements, a Health Board must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.6 In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—a published by the Health Board concerned, or by any other Health Board, in accordance with regulations made under section 27(2) of this Act; orb published by any body in accordance with regulations made under section 42(2) of the ^noteNational Health Service Act 1977 or Article 63(2A)(a) of the ^noteHealth and Personal Social Services (Northern Ireland) Order 1972.”

29Authorised provision of pharmaceutical services by medical practitioners.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 28 of the 1978 Act, after subsection (2), insert—“2A Regulations shall provide for the preparation and publication by a Health Board of one or more lists of medical practitioners who undertake to supply drugs and appliances in the Board’s area.2B The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.”

Part III · Miscellaneous and Supplemental

36Expenditure of Health Authorities.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37Expenditure of Health Boards.#

(1)In section 85 of the 1978 Act (expenses of certain bodies), after subsection (1) insert—“1AA Notwithstanding subsection (2), the amount allotted by the Secretary of State to a Health Board under subsection (1) shall include provision for expenditure of that Board which is attributable to—a remuneration which is paid to persons providing additional pharmaceutical services (in accordance with directions under section 27A), in respect of such of those services as are designated; orb remuneration which is—i paid to persons providing general medical services under Part II;ii determined by the Health Board concerned; andiii of a designated description.1AB In subsection (1AA), “designated” means designated in writing by the Secretary of State for the purposes of that subsection and in relation to the allotment in question.”

(2)In subsection (2) at the beginning insert “ Subject to subsection (1AA), ”.

38Corresponding provision for Northern Ireland.#

(1)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the ^noteNorthern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of the provisions of this Act—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)This section does not apply in relation to the provisions of sections 32 to 34.

39Regulations and directions.#

(1)Any power under this Act to make regulations is exercisable by the Secretary of State.

(2)Any such power—

(a)may be exercised to make different provision for different cases or descriptions of case, including different provision for different areas; and

(b)includes power to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State to be appropriate.

(3)Regulations under this Act must be made by statutory instrument.

(4)Such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Any power under or by virtue of this Act to give directions—

(a)is to be exercised by an instrument in writing; and

(b)includes power to vary or revoke the directions by subsequent directions.

(6)Subsection (2) applies in relation to any power of the Secretary of State under or by virtue of this Act to give directions as it applies in relation to any power of his to make regulations.

40Interpretation.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In this Act—• ^note...• “the 1978 Act” means the ^noteNational Health Service (Scotland) Act 1978;• “authority” has the meaning given by section 1(8) , except in Schedule 1;• “health service” means the health service in England and Wales and the health service in Scotland;• “medical list” has the meaning given by section 2(5);• “personal medical services” and “personal dental services” have the meaning given in section 1(8);• “pilot scheme” and “piloted services” have the meaning given in section 1;• “prescribed” means prescribed by regulations; and• “regulations” means regulations under this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41Short title, commencement and extent, etc.#

(1)This Act may be referred to as the National Health Service (Primary Care) Act 1997.

(2)Sections 38 to 40 and subsections (1) to (9) and (13) and (14) of this section come into force on the passing of this Act.

(3)Otherwise, this Act comes into force on such date as may be appointed by order made by the Secretary of State; but different dates may be appointed for different provisions and for different purposes.

(4)Any such order may include such transitional provisions or savings as the Secretary of State considers appropriate.

(5)A Health Authority, Health Board or NHS trust is to be taken as having, at any time before the commencement of any provision of this Act, power to prepare for that commencement.

(6)Any amendment, repeal or revocation made by or under this Act has the same extent as the enactment or other instrument amended, repealed or revoked.

(7)Subject to subsection (6), only section 38 and this section (except subsections (5) and (8)) extend to Northern Ireland.

(8)The Secretary of State may by order provide that this Act extends to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

(9)Orders under subsections (3), (8) and (13) must be made by statutory instrument.

(10)Part I of Schedule 2 makes minor and consequential amendments.

(11)Part II of Schedule 2 makes amendments to facilitate, or which are otherwise desirable in connection with, the consolidation of certain enactments relating to the health service.

(12)The repeals and revocations set out in Schedule 3 are to have effect.

(13)The Secretary of State may by order make such amendments or repeals of any enactment passed before, or in the same Session as, this Act as appear to him necessary or expedient in consequence of any provision of this Act.

(14)An order under subsection (13)—

(a)may contain such supplemental, incidental, consequential or transitional provisions and savings as the Secretary of State considers appropriate; and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Schedule 1 · Preferential Treatment on Transferring to Medical Lists

Cases where preference is given

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

The preferential treatment

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Representations against preferential treatment

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Power of Tribunal to give directions

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Termination of directions

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Directions in Northern Ireland

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Regulations

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 2 · Amendments

Part I · Minor and Consequential Amendments

The National Health Service (Scotland) Act 1978 (c. 29)

(32)The 1978 Act is amended in accordance with paragraphs 33 to 60.

(34)In section 12A, after subsection (4) insert—“4A The functions of an NHS trust also include power to provide services in accordance with section 17C arrangements, and to do so as a member of a qualifying body (within the meaning of section 17D).”

(35)In section 15(1)(a)—

(a)after “persons” insert“— i ”

(b)after “Part II” insert“; or ii providing, in accordance with section 17C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part or Part III,”

(36)In section 17A(2), at the end insert “ and in this Act “health service body” means any of those persons or bodies ”.

(38)After section 17H insert—“17I If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 17C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.”

(39)

(1)In such circumstances as may be prescribed—

may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.

(2)In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be payable to—

even though payment to him or (as the case may be) the couple of a jobseeker's allowance has been suspended by virtue of regulations under^note section 5(1)(o) of the Administration Act.

(3)For subsection (8) substitute—“8 In relation to a Part II medical practitioner—a whose name is included in the list of only one Health Board, andb who practises on his own or in partnership with others all of whom are Part II medical practitioners whose names are included only in that Board’s list,any reference in this Act to the relevant Health Board is to be construed as a reference to that Board.9 In relation to a medical practitioner who is not within subsection (8), any reference in this Act to the relevant Health Board is to be construed as a reference to the Board in whose area most of the practice patients live.10 In this section—• “Part II medical practitioner” means a medical practitioner who provides general medical services under Part II and does not perform personal medical services under section 17C arrangements; and• “practice patient” means—(a) in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list);(b) in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list).”

(43)Omit section 25(2)(c).

(44)In section 27(1), for “in this Act referred to” substitute “ , together with additional pharmaceutical services provided in accordance with a direction under section 27A, referred to in this Act ”.

(45)In section 28(2)(b), after “that” insert “ (i) ”, and after “arrangements” insert“, and ii all additional pharmaceutical services provided in accordance with a direction under section 27A,”

(47)In section 73(b), after “providing” insert “ personal dental services in accordance with section 17C arrangements or ”.

(48)In section 74(b), after “providing” insert “ personal dental services in accordance with section 17C arrangements or ”.

(49)In section 75, for paragraph (b) substitute—“b for the purposes of section 70(1A) in relation to appliances provided as part of—i general dental services, orii personal dental services provided in accordance with section 17C arrangements,may provide for the reduction of the sums which would otherwise be payable by a Health Board to the persons by whom those services are provided by the amount of the charges authorised by section 70(1A) in respect of those appliances.”

(50)In section 75A(1)(a), after “section 70(1) or (1A) above” insert “ , section 70A(1) above ”.

(51)In section 77(1), references to functions conferred or imposed by or under the 1978 Act are to be construed as including references to functions conferred or imposed in relation to pilot schemes by or under this Act; and references to regulations, schemes, proposals and directions are accordingly to be construed as including regulations, schemes, proposals or directions under this Act.

(52)In section 78, the reference to a function conferred by or under the 1978 Act is to be construed as including a reference to a function conferred in relation to pilot schemes by or under this Act.

(53)

(1)Section 87A is amended as follows.

(2)In subsection (1), after “section 19”, insert “ , or (in the case of practitioners who are not employed by another person) personal medical services in accordance with section 17C arrangements, ”.

(3)In subsection (4), for paragraph (g) substitute—“g the operation of this section in a case where one or more of the medical practitioners wishing to make an application under subsection (1) is also—i on the medical list of a Health Authority established under section 8 of the ^noteNational Health Service Act 1977; orii providing personal medical services in accordance with arrangements made under section 28C of that Act;”

(54)

(1)Section 87B is amended as follows.

(2)In subsection (3)(b), for “individuals on the lists of patients of any of the members of the practice” substitute “ practice patients ”.

(3)In subsection (5)(b)—

(a)after “general medical services” insert “ or personal medical services provided in accordance with section 17C arrangements ”; and

(b)for “individuals on the lists of patients of the members of the practice” substitute “ practice patients ”.

(4)After subsection (6) insert—“7 In this section “practice patient”, in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list).”

(56)In section 88(1)(d) and (2)(e), after “section 22” insert “ or by regulations which make provision in relation to section 17C arrangements of a kind that may be made by regulations under section 22 ”.

(58)

(1)In Schedule 8, paragraph 8 is amended as follows.

(2)In sub-paragraph (2), after “sub-paragraph (1)(c) above” insert “ as it has effect in relation to the functions mentioned below ”.

(3)After sub-paragraph (2) insert—“2A In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.”

(59)

(1)Schedule 9 is amended as follows.

(2)In paragraph 1(1) and (3), omit “, or any part of the goodwill,”.

(3)In paragraph 1, for sub-paragraph (2) substitute—“2 Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 35(1) may ask the Medical Practices Committee for a certificate under this paragraph.”

(4)In paragraph 1, omit sub-paragraph (8).

(5)In paragraph 2, for sub-paragraph (1) substitute—“1 For the purposes of section 35(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if—a the person disposing of the premises did so knowing that another person (“A”) intended to use them for the purposes of A’s medical practice; andb the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.1A If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.1B For the purposes of sub-paragraphs (1) and (1A)—a “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; andb a person who procures the disposal of any premises is to be treated as having disposed of them.”

(6)In paragraph 2(2)—

(a)omit “between medical practitioners”; and

(b)omit “, or part of the goodwill,”.

(7)In paragraph 2, for sub-paragraph (3) substitute—“3 Sub-paragraph (3A) applies if a person (“the assistant”)—a performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);b receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; andc subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice.3A For the purposes of section 35 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.”

(8)In paragraph 2, for sub-paragraphs (4) and (5) substitute—“4 For the purposes of section 35(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if—a a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—i to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; orii to allow any act to be done, for that purpose; orb a person—i gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); andii succeeds, or has previously succeeded, to the practice.5 Sub-paragraph (4) does not apply—a if it is proved that no part of the consideration was given in respect of the goodwill; orb to anything done—i in relation to the acquisition of premises for the purposes of a medical practice;ii in pursuance of a partnership agreement; oriii in the performance of medical services by one person as an assistant to another.”

(9)In paragraph 2, for sub-paragraph (7) substitute—“7 For the purposes of section 35 and this Schedule—a consideration is deemed to be given to a person (“B”) if—i it is given to another person but with B’s knowledge and consent; andii it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; andb unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.”

(10)At the end insert—“3 The fact that a person’s medical practice was previously carried on by another person who at any time provided general medical services or personal medical services does not, by itself, make it unlawful under section 35(1) for the goodwill of his practice to be sold.”

(60)In Schedule 11, in paragraph 1(1)(b), after “drug or medicine” insert “ (otherwise than in accordance with section 17C arrangements) ”.

The Health Services and Public Health Act 1968 (c. 46)

(1)

(1)The Health Services and Public Health Act 1968 is amended as follows.

(2)In section 59(1), for “general medical services or general dental services” substitute “ general medical services, personal medical services, general dental services or personal dental services ”.

(3)After section 59(2) insert—“2A In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those respective kinds under section 28C of the 1977 Act, section 17C of the 1978 Act or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.”

(4)After section 63(2)(b) insert—“ba the provision or performance of a service in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the ^noteNational Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;”

The Patents Act 1977 (c. 37)

(2)In section 56(4)(a) of the Patents Act 1977, for the words from “provision of” to “Isle of Man” substitute“provision of— i pharmaceutical services, general medical services or general dental services under Part II of the ^noteNational Health Service Act 1977, Part II of the National Health Service (Scotland) Act 1978, or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man, orii personal medical services or personal dental services provided in accordance with arrangements made under section 28C of the 1977 Act, section 17C of the 1978 Act, or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man”

The National Health Service Act 1977 (c. 49)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)After section 28H insert—“28I If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.”

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20)

(21)

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26)

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Medical Act 1983 (c. 54)

(61)

(1)The Medical Act 1983 is amended as follows.

(2)In section 11(4), in the definition of “approved”, for “, in relation to a hospital or institution,” substitute “ (except in subsection (5) ”.

(3)In section 13—

(a)in subsection (1), for “approved hospital or approved institution” substitute “ approved hospital, approved institution or approved medical practice ”;

(b)in subsection (2), for “hospital or institution” substitute “ hospital, institution or medical practice ”;

(c)in subsection (3)(a), for “an approved hospital or an approved institution” substitute “ an approved hospital, an approved institution or an approved medical practice ”.

(4)In section 15(3), for “approved hospitals or approved institutions” substitute “ approved hospitals, approved institutions or approved medical practices ”.

(5)In section 21(3), for “approved hospitals or approved institutions” substitute “ approved hospitals, approved institutions or approved medical practices ”.

The Dentists Act 1984 (c. 24)

(62)In section 53(3)(a) of the Dentists Act 1984, for the words from “services under” to “1978 or” substitute—“a services under—i section 2, 3, 5(1)(a) or 28C of, or Schedule 1 to, the ^noteNational Health Service Act 1977;ii section 17C, 36, 38 or 39 of the ^noteNational Health Service (Scotland) Act 1978; oriii ”

(63)In section 240(4) of the Copyright, Designs and Patents Act 1988, for the words from “(a) pharmaceutical services” to the end of the subsection substitute—“a pharmaceutical services, general medical services or general dental services under—i Part II of the National Health Service Act 1977,ii Part II of the National Health Service (Scotland) Act 1978, oriii the corresponding provisions of the law in force in Northern Ireland; orb personal medical services or personal dental services in accordance with arrangements made under—i section 28C of the 1977 Act,ii section 17C of the 1978 Act, oriii the corresponding provisions of the law in force in Northern Ireland.”

The Health and Medicines Act 1988 (c. 49)

(64)

(1)The Health and Medicines Act 1988 is amended as follows.

(2)In section 2(1)(a), for the words from “provision of general medical services” to “Act 1978” substitute“provision of— i general medical services under Part II of the National Health Service Act 1977 or Part II of the National Health Service (Scotland) Act 1978; orii personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act”

(3)In section 8(2) omit “(a) or”.

(4)In section 17, at the end insert—“3A This section applies also in relation to additional pharmaceutical services provided under arrangements made in accordance with directions under section 41A of the National Health Service Act 1977 or section 27A of the National Health Service (Scotland) Act 1978.”

The National Health Service and Community Care Act 1990 (c. 19)

(65). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Access to Health Records Act 1990 (c. 23)

(66)

(1)The Access to Health Records Act 1990 is amended as follows.

(2)In section 1(2), for paragraph (a) substitute—“a in the case of a record made by a general practitioner (other than an employed practitioner), or by a health professional employed by such a general practitioner—i the general practitioner on whose list the patient is included (or, where the patient is included on the list of a medical practice consisting of two or more partners who are general practitioners, any such partner); orii where the patient is not on any such list, the Health Authority or Health Board by arrangement with whom a general practitioner last treated him;”

(3)In section 11, in the definition of “general practitioner”, for the words from “providing” to “Act 1978” substitute“— a providing general medical services in accordance with arrangements made under section 29 of the ^noteNational Health Service Act 1977 or section 19 of the ^noteNational Health Service (Scotland) Act 1978; orb performing personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act”

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

(67)In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992—

(a)after “as a person” insert “ performing personal medical services or personal dental services or ”;

(b)before “29” insert “ 28C, ”; and

(c)before “19” insert “ 17C, ”.

The Health Service Commissioners Act 1993 (c. 46)

(68)

(1)The Health Service Commissioners Act 1993 is amended as follows.

(2)In section 2A(1), for the words from “if they are” to “Act 1977” substitute“if they are— a individuals undertaking to provide in England general medical services or general dental services under Part II of the National Health Service Act 1977;b persons (whether individuals or bodies) undertaking to provide in England general ophthalmic services or pharmaceutical services under Part II of that Act; orc individuals performing in England personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)”

(3)In section 2A(2), for the words from “if they are” to “Act 1977” substitute“if they are— a individuals undertaking to provide in Wales general medical services or general dental services under Part II of the National Health Service Act 1977;b persons (whether individuals or bodies) undertaking to provide in Wales general ophthalmic services or pharmaceutical services under Part II of that Act; orc individuals performing in Wales personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)”

(4)In section 2A(3), for the words from “if they are” to “Act 1978” substitute“if they are— a individuals undertaking to provide in Scotland general medical services or general dental services under Part II of the ^noteNational Health Service (Scotland) Act 1978;b persons (whether individuals or bodies) undertaking to provide in Scotland general ophthalmic services or pharmaceutical services under Part II of that Act; orc individuals performing in Scotland personal medical services or personal dental services in accordance with arrangements made under section 17C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)”

(5)In section 3, after subsection (1) insert—“1ZA Any failure or maladministration mentioned in subsection (1) may arise from action of—a the health service body,b a person employed by that body,c a person acting on behalf of that body, ord a person to whom that body has delegated any functions.”