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National Health Service Act 2006

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Crown Copyright Acknowledged
CONTENTS

National Health Service Act 2006

2006 CHAPTER 41

CONTENTS

Go to Preamble

Part 1

Promotion and provision of the health service in England

The Secretary of State and the health service in England

1. Secretary of State’s duty to promote health service

General power to provide services

2. Secretary of State’s general power

Provision of particular services

3. Secretary of State’s duty as to provision of certain services

4. High security psychiatric services

5. Other services

Provision of services otherwise than in England

6. Performance of functions outside England

Exercise and distribution of functions

7. Distribution of health service functions

8. Secretary of State’s directions to health service bodies

NHS contracts

9. NHS contracts

10. Provision for bodies in Northern Ireland

11. Arrangements to be treated as NHS contracts

Provision of services otherwise than by the Secretary of State

12. Secretary of State’s arrangements with other bodies

Part 2

Health service bodies

Chapter 1

Strategic Health Authorities

13. Strategic Health Authorities

14. Exercise of Strategic Health Authority functions

15. Strategic Health Authorities' directions

16. Section 92 arrangements and section 107 arrangements

17. Advice for Strategic Health Authorities

Chapter 2

Primary Care Trusts

18. Primary Care Trusts

19. Exercise of Primary Care Trust functions

20. Strategic Health Authority directions to Primary Care Trusts

21. Provision of services etc

22. Administration and management of services

23. Advice for Primary Care Trusts

24. Plans for improving health etc

Chapter 3

NHS trusts

25. NHS trusts

26. General duty of NHS trusts

27. Financial provisions relating to NHS trusts

Chapter 4

Special Health Authorities

28. Special Health Authorities

29. Exercise of Special Health Authority functions

Chapter 5

NHS foundation trusts

Introductory

30. NHS foundation trusts

31. Independent Regulator of NHS Foundation Trusts

32. General duty of regulator

Authorisation

33. Applications by NHS trusts

34. Other applications

35. Authorisation of NHS foundation trusts

36. Effect of authorisation

37. Amendments of constitution

38. Variation of authorisation

39. Register of NHS foundation trusts

Financial matters

40. Power of Secretary of State to give financial assistance

41. Prudential borrowing code

42. Public dividend capital

Functions

43. Authorised services

44. Private health care

45. Protection of property

46. Financial powers

47. General powers

48. Information

49. Entry and inspection of premises

50. Fees

51. Trust funds and trustees

Failure

52. Failing NHS foundation trusts

53. Voluntary arrangements

54. Dissolution etc

55. Sections 53 and 54: supplementary

Mergers

56. Mergers

57. Section 56: supplementary

Miscellaneous

58. Taxation

59. Conduct of elections

60. Voting and standing for election

61. Representative membership

62. Audit

63. General duty of NHS foundation trusts

Supplementary

64. Orders and regulations under this Chapter

65. Interpretation of this Chapter

Chapter 6

Miscellaneous

Intervention orders and default powers

66. Intervention orders

67. Effect of intervention orders

68. Default powers

Protection of members and officers of health service bodies

69. Protection from personal liability

Transfer of residual liabilities

70. Transfer of residual liabilities

Losses and liabilities of certain health service bodies

71. Schemes for meeting losses and liabilities etc of certain health service bodies

Co-operation between NHS bodies

72. Co-operation between NHS bodies

Directions and regulations under this Part

73. Directions and regulations under this Part

Part 3

Local authorities and the NHS

74. Supply of goods and services by local authorities

75. Arrangements between NHS bodies and local authorities

76. Power of local authorities to make payments

77. Care Trusts

78. Directed partnership arrangements

79. Further provision about directions and directed partnership arrangements

80. Supply of goods and services by the Secretary of State

81. Conditions of supply under section 80

82. Co-operation between NHS bodies and local authorities

Part 4

Medical services

Duty of Primary Care Trusts in relation to primary medical services

83. Primary medical services

General medical services contracts

84. General medical services contracts: introductory

85. Requirement to provide certain primary medical services

86. Persons eligible to enter into GMS contracts

87. GMS contracts: payments

88. GMS contracts: prescription of drugs, etc

89. GMS contracts: other required terms

90. GMS contracts: disputes and enforcement

Performance of primary medical services

91. Persons performing primary medical services

Other arrangements for the provision of primary medical services

92. Arrangements by Strategic Health Authorities for the provision of primary medical services

93. Persons with whom agreements may be made under section 92

94. Regulations about section 92 arrangements

95. Transfer of liabilities relating to section 92 arrangements

Assistance and support

96. Assistance and support: primary medical services

Local Medical Committees

97. Local Medical Committees

Provision of accommodation by the Secretary of State

98. Use of accommodation: provision of primary medical services

Part 5

Dental services

Duty of Primary Care Trusts in relation to primary dental services

99. Primary dental services

General dental services contracts

100. General dental services contracts: introductory

101. Requirement to provide certain primary dental services

102. Persons eligible to enter into GDS contracts

103. GDS contracts: payments

104. GDS contracts: other required terms

105. GDS contracts: disputes and enforcement

Performance of primary dental services

106. Persons performing primary dental services

Other arrangements for the provision of primary dental services

107. Arrangements by Strategic Health Authorities for the provision of primary dental services

108. Persons with whom agreements may be made under section 107

109. Regulations about section 107 arrangements

110. Transfer of liabilities relating to section 107 arrangements

Dental public health

111. Dental public health

Assistance and support

112. Assistance and support: primary dental services

Local Dental Committees

113. Local Dental Committees

Provision of accommodation by the Secretary of State

114. Use of accommodation: provision of primary dental services

Part 6

Ophthalmic services

Duty of Primary Care Trusts in relation to primary ophthalmic services

115. Primary ophthalmic services

116. Regulations under section 115: supplementary

General ophthalmic services contracts

117. General ophthalmic services contracts: introductory

118. Persons eligible to enter into GOS contracts

119. Exclusion of contractors

120. GOS contracts: payments

121. GOS contracts: other required terms

122. GOS contracts: disputes and enforcement

Performance of primary ophthalmic services

123. Persons performing primary ophthalmic services

Assistance and support

124. Assistance and support: primary ophthalmic services

Local Optical Committees

125. Local Optical Committees

Part 7

Pharmaceutical services and local pharmaceutical services

Chapter 1

Provision of pharmaceutical services

126. Arrangements for pharmaceutical services

127. Arrangements for additional pharmaceutical services

128. Terms and conditions, etc

129. Regulations as to pharmaceutical services

130. Regulations under section 129: appeals, etc

131. Power to charge

132. Persons authorised to provide pharmaceutical services

133. Inadequate provision of pharmaceutical services

Chapter 2

Local pharmaceutical services: pilot schemes

134. Pilot schemes

135. Making pilot schemes

136. Designation of priority neighbourhoods or premises

137. Reviews of pilot schemes

138. Variation and termination of pilot schemes

139. NHS contracts and the provision of piloted services

140. Funding of preparatory work

141. Application of this Act

142. Premises from which piloted services may be provided

143. Control of entry regulations

Chapter 3

Local pharmaceutical services: LPS schemes

144. Local pharmaceutical services schemes

Chapter 4

Local pharmaceutical services: miscellaneous

Application of enactments

145. Application of enactments

Performance of local pharmaceutical services

146. Persons performing local pharmaceutical services

Assistance and support

147. Assistance and support: local pharmaceutical services

Chapter 5

Conditional inclusion in pharmaceutical lists, and supplementary lists

148. Conditional inclusion in pharmaceutical lists

149. Supplementary lists

150. Further provision about regulations under section 149

Chapter 6

Disqualification

151. Disqualification of practitioners

152. Contingent removal

153. Fraud and unsuitability cases: supplementary

154. Suspension

155. Suspension pending appeal

156. Effect of suspension

157. Review of decisions

158. Appeals

159. National disqualification

160. Notification of decisions

161. Withdrawal from lists

162. Regulations about decisions under this Chapter

163. Corresponding provisions in Scotland and Northern Ireland

Chapter 7

Miscellaneous

Remuneration

164. Remuneration for persons providing pharmaceutical services

165. Section 164: supplementary

Indemnity cover

166. Indemnity cover

Local Pharmaceutical Committees

167. Local Pharmaceutical Committees

Provision of accommodation by the Secretary of State

168. Use of accommodation: provision of pharmaceutical services and local pharmaceutical services

Part 8

Family Health Services Appeal Authority

169. FHSAA

170. FHSAA: financial provisions

171. Conditions of use of services of persons under section 169

Part 9

Charging

Power to charge generally

172. Charges for drugs, medicines or appliances, or pharmaceutical services

173. Exemptions from general charging

174. Pre-payment certificates

175. Charges in respect of non-residents

Charging for dental services

176. Dental charging

177. Exemptions from dental charging

Charging for local pharmaceutical services

178. Charges, recovery of payments and penalties

Charging for optical appliances

179. Charges for optical appliances

180. Payments in respect of costs of optical appliances

181. Section 180: supplementary

Exemptions, etc

182. Remission and repayment of charges

183. Payment of travelling expenses

184. Sections 182 and 183: supplementary

Other provisions relating to charging

185. Charges for more expensive supplies

186. Charges for repairs and replacements in certain cases

187. Charges for designated services or facilities

188. Sums otherwise payable to those providing services

189. Hospital accommodation on part payment

190. Expenses payable by employed patients

Recovery, etc

191. Recovery of charges

192. Recovery of charges and payments in relation to goods and services

193. Penalties relating to charges

194. Offences relating to charges

Part 10

Protection of NHS from fraud and other unlawful activities

Preliminary

195. Compulsory disclosure of documents

196. Persons and bodies about which provision is made by this Part

Disclosure notices

197. Notice requiring production of documents

198. Production of documents

199. Delegation of functions

200. Code of practice relating to delegated functions

201. Disclosure of information

202. Protection of personal information disclosed for purposes of proceedings

203. Manner in which disclosure notice may be served

Offences under this Part

204. Offences in connection with production of documents

205. Offences relating to disclosure or use of information

206. Offences by bodies corporate etc

207. Offences committed by partnerships and other unincorporated associations

208. Penalties for offences under this Part: transitional modification

Supplementary

209. Orders and regulations under this Part

210. Interpretation of this Part

Part 11

Property and finance

Chapter 1

Land and other property

211. Acquisition, use and maintenance of property

Chapter 2

Trusts

212. Special trustees for a university hospital or teaching hospital

213. Transfers of trust property

214. Transfer of functions and property to or from special trustees

215. Trustees and property under section 222

216. Application of trust property: further provisions

217. Trusts: supplementary provisions

218. Private trusts for hospitals

Chapter 3

Property transferred under the National Health Service Act 1946

219. Transferred property free of trusts

220. Trust property previously held for general hospital purposes

221. Voluntary hospitals

Chapter 4

Raising money

222. Power to raise money

Chapter 5

Formation of companies

223. Public-private partnerships

Chapter 6

Finance

Strategic Health Authorities and Special Health Authorities

224. Means of meeting expenditure of Strategic Health Authorities out of public funds

225. Means of meeting expenditure of Special Health Authorities out of public funds

226. Financial duties of Strategic Health Authorities and Special Health Authorities

227. Resource limits for Strategic Health Authorities and Special Health Authorities

Primary Care Trusts

228. Public funding of Primary Care Trusts

229. Financial duties of Primary Care Trusts

230. Resource limits for Primary Care Trusts

231. Further provision about the expenditure of Primary Care Trusts

Accounts and audit

232. Accounts and audit

Allowances and remuneration

233. Allowances for members of certain bodies

234. Special arrangement as to payment of remuneration

235. Superannuation of officers of certain hospitals

236. Payments for certain medical examinations

Part 12

Public involvement and scrutiny

Chapter 1

Patients' Forums

237. Establishment of Patients' Forums

238. Additional functions of PCT Patients' Forums

239. Entry and inspection of premises

240. Annual reports

241. Further provision about Patients' Forums

Chapter 2

Public involvement and consultation

242. Public involvement and consultation

243. The Commission for Patient and Public Involvement in Health

Chapter 3

Overview and Scrutiny Committees

244. Functions of overview and scrutiny committees

245. Joint overview and scrutiny committees etc

246. Overview and scrutiny committees: exempt information

247. Application to the City of London

Part 13

Miscellaneous

Independent advocacy services

248. Independent advocacy services

Joint working with the prison service

249. Joint working with the prison service

Standing advisory committees

250. Secretary of State’s standing advisory committees

Patient information

251. Control of patient information

252. Patient Information Advisory Group

Emergency powers

253. Emergency powers

Local social services authorities

254. Local social service authorities

Supplies by the Secretary of State

255. Supplies not readily obtainable

Community services

256. Power of Primary Care Trusts to make payments towards expenditure on community services

257. Payments in respect of voluntary organisations under section 256

Universities

258. University clinical teaching and research

Sale of medical practices

259. Sale of medical practices

Price of medical supplies

260. Control of maximum price of medical supplies other than health service medicines

261. Powers relating to voluntary schemes

262. Power to control prices

263. Statutory schemes

264. Statutory schemes: supplementary

265. Enforcement

266. Controls: supplementary

Use of facilities in private practice

267. Permission for use of facilities in private practice

Health service development

268. Persons displaced by health service development

Registration of information, etc

269. Special notices of births and deaths

270. Provision of information by Registrar General

Part 14

Supplementary

271. Territorial limit of exercise of functions

272. Orders, regulations, rules and directions

273. Further provision about orders and directions under this Act

274. Supplementary regulatory powers

275. Interpretation

276. Index of defined expressions

277. Commencement

278. Short title, extent and application

Schedule 1: Further provision about the Secretary of State and services under this Act

Schedule 2: Strategic Health Authorities

Schedule 3: Primary Care Trusts

Part 1: Constitution and membership

Part 2: PCT orders

Part 3: Powers and duties

Part 4: Transfer of property

Part 5: Transfer of staff

Schedule 4: NHS trusts established under section 25

Part 1: Constitution, establishment, etc

Part 2: Powers and duties

Part 3: Dissolution

Part 4: Miscellaneous

Schedule 5: Financial provision about NHS trusts established under section 25

Schedule 6: Special Health Authorities established under section 28

Schedule 7: Constitution of public benefit corporations

Schedule 8: Independent Regulator of NHS foundation Trusts

Schedule 9: NHS foundation trusts: transfer of staff

Schedule 10: Audit of accounts of NHS foundation trusts

Schedule 11: Pilot schemes

Schedule 12: LPS schemes

Schedule 13: The Family Health Services Appeal Authority

Schedule 14: Further provision about the expenditure of Primary Care Trusts

Schedule 15: Accounts and audit

Schedule 16: The Commission for Patient and Public Involvement in Health

Schedule 17: Exempt information relating to health services

Part 1: Descriptions of exempt information

Part 2: Qualifications

Part 3: Interpretation

Schedule 18: Section 75 arrangements: transfer of staff

Schedule 19: Further provision about standing advisory committees

Schedule 20: Further provision about local social services authorities

Schedule 21: Prohibition of sale of medical practices

Schedule 22: Control of maximum prices for medical supplies

 

Part 1

Promotion and provision of the health service in England

The Secretary of State and the health service in England

1 Secretary of State’s duty to promote health service

(1) The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement—

(a) in the physical and mental health of the people of England, and

(b) in the prevention, diagnosis and treatment of illness.

(2) The Secretary of State must for that purpose provide or secure the provision of services in accordance with this Act.

(3) The services so provided must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

General power to provide services

2 Secretary of State’s general power

(1) The Secretary of State may—

(a) provide such services as he considers appropriate for the purpose of discharging any duty imposed on him by this Act, and

(b) do anything else which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty.

(2) Subsection (1) does not affect—

(a) the Secretary of State’s powers apart from this section,

(b) Chapter 1 of Part 7 (pharmaceutical services).

Provision of particular services

3 Secretary of State’s duty as to provision of certain services

(1) The Secretary of State must provide throughout England, to such extent as he considers necessary to meet all reasonable requirements—

(a) hospital accommodation,

(b) other accommodation for the purpose of any service provided under this Act,

(c) medical, dental, ophthalmic, nursing and ambulance services,

(d) such other services or facilities for the care of pregnant women, women who are breastfeeding and young children as he considers are appropriate as part of the health service,

(e) such other services or facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service,

(f) such other services or facilities as are required for the diagnosis and treatment of illness.

(2) For the purposes of the duty in subsection (1), services provided under—

(a) section 83(2) (primary medical services), section 99(2) (primary dental services) or section 115(4) (primary ophthalmic services), or

(b) a general medical services contract, a general dental services contract or a general ophthalmic services contract,

must be regarded as provided by the Secretary of State.

(3) This section does not affect Chapter 1 of Part 7 (pharmaceutical services).

4 High security psychiatric services

(1) The Secretary of State’s duty under section 1 includes a duty to provide hospital accommodation and services for persons who—

(a) are liable to be detained under the Mental Health Act 1983 (c. 20), and

(b) in the opinion of the Secretary of State require treatment under conditions of high security on account of their dangerous, violent or criminal propensities.

(2) The hospital accommodation and services mentioned in subsection (1) are referred to in this section and paragraph 15 of Schedule 4 (NHS trusts) as “high security psychiatric services”.

(3) High security psychiatric services may be provided only at hospital premises at which services are provided only for the persons mentioned in subsection (1).

(4) “Hospital premises” means—

(a) a hospital, or

(b) any part of a hospital which is treated as a separate unit.

5 Other services

Schedule 1 makes further provision about the Secretary of State and services under this Act.

Provision of services otherwise than in England

6 Performance of functions outside England

(1) The Secretary of State may provide or secure the provision of anything mentioned in section 3(1) outside England.

(2) The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate to—

(a) holidays for patients,

(b) the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands, or

(c) the return of patients who have received treatment in England and Wales, to countries or territories outside the British Islands (including for this purpose the Republic of Ireland).

Exercise and distribution of functions

7 Distribution of health service functions

(1) The Secretary of State may direct a Strategic Health Authority, a Primary Care Trust or a Special Health Authority to exercise any of his functions relating to the health service which are specified in the directions.

(2) The Secretary of State may direct a Special Health Authority to exercise any functions of a Strategic Health Authority or a Primary Care Trust which are specified in the directions.

(3) The functions which may be specified in directions include functions under enactments relating to mental health and care homes.

8 Secretary of State’s directions to health service bodies

(1) The Secretary of State may give directions to any of the bodies mentioned in subsection (2) about its exercise of any functions.

(2) The bodies are—

(a) Strategic Health Authorities,

(b) Primary Care Trusts,

(c) NHS trusts, and

(d) Special Health Authorities.

(3) Nothing in provision made by or under this or any other Act affects the generality of subsection (1).

NHS contracts

9 NHS contracts

(1) In this Act, an NHS contract is an arrangement under which one health service body (“the commissioner”) arranges for the provision to it by another health service body (“the provider”) of goods or services which it reasonably requires for the purposes of its functions.

(2) Section 139(6) (NHS contracts and the provision of local pharmaceutical services under pilot schemes) makes further provision about acting as commissioner for the purposes of subsection (1).

(3) Paragraph 15 of Schedule 4 (NHS trusts and NHS contracts) makes further provision about an NHS trust acting as provider for the purposes of subsection (1).

(4) “Health service body” means any of the following—

(a) a Strategic Health Authority,

(b) a Primary Care Trust,

(c) an NHS trust,

(d) a Special Health Authority,

(e) a Local Health Board,

(f) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29),

(g) a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)),

(h) the Common Services Agency for the Scottish Health Service,

(i) the Wales Centre for Health,

(j) the Health Protection Agency,

(k) the Commission for Healthcare Audit and Inspection,

(l) the Scottish Dental Practice Board,

(m) the Secretary of State,

(n) the Welsh Ministers,

(o) the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972,

(p) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 (S.I. 1990/247 (N.I.3)),

(q) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.1)),

(r) the Department of Health, Social Services and Public Safety.

(5) Whether or not an arrangement which constitutes an NHS contract would apart from this subsection be a contract in law, it must not be regarded for any purpose as giving rise to contractual rights or liabilities.

(6) But if any dispute arises with respect to such an arrangement, either party may refer the matter to the Secretary of State for determination under this section.

(7) If, in the course of negotiations intending to lead to an arrangement which will be an NHS contract, it appears to a health service body—

(a) that the terms proposed by another health service body are unfair by reason that the other is seeking to take advantage of its position as the only, or the only practicable, provider of the goods or services concerned or by reason of any other unequal bargaining position as between the prospective parties to the proposed arrangement, or

(b) that for any other reason arising out of the relative bargaining position of the prospective parties any of the terms of the proposed arrangement cannot be agreed,

that health service body may refer the terms of the proposed arrangement to the Secretary of State for determination under this section.

(8) Where a reference is made to the Secretary of State under subsection (6) or (7), he may determine the matter himself or appoint a person to consider and determine it in accordance with regulations.

(9) “The appropriate person” means the Secretary of State or the person appointed under subsection (8).

(10) By the determination of a reference under subsection (7) the appropriate person may specify terms to be included in the proposed arrangement and may direct that it be proceeded with.

(11) A determination of a reference under subsection (6) may contain such directions (including directions as to payment) as the appropriate person considers appropriate to resolve the matter in dispute.

(12) The appropriate person may by the determination in relation to an NHS contract vary the terms of the arrangement or bring it to an end (but this does not affect the generality of the power of determination under subsection (6)).

(13) Where an arrangement is so varied or brought to an end—

(a) subject to paragraph (b), the variation or termination must be treated as being effected by agreement between the parties, and

(b) the directions included in the determination by virtue of subsection (11) may contain such provisions as the appropriate person considers appropriate in order to give effect to the variation or to bring the arrangement to an end.

10 Provision for bodies in Northern Ireland

(1) Subsection (2) applies where a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) or a body mentioned in paragraph (o), (p), (q) or (r) of section 9(4) is a party or prospective party to an arrangement or proposed arrangement which—

(a) falls within the definition of NHS contract in section 9(1), and

(b) also falls within the definition of HSS contract in Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.1)).

(2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed arrangement with the substitution for references to the Secretary of State of references to the Secretary of State and the Department of Health, Social Services and Public Safety acting jointly.

11 Arrangements to be treated as NHS contracts

(1) This section applies to any arrangement under which a Strategic Health Authority, a Primary Care Trust 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.

Provision of services otherwise than by the Secretary of State

12 Secretary of State’s arrangements with other bodies

(1) The Secretary of State may arrange with any person or body to provide, or assist in providing, any service under this Act.

(2) Arrangements may be made under subsection (1) with voluntary organisations.

(3) The Secretary of State may make available any facilities provided by him for any service under this Act—

(a) to any person or body carrying out any arrangements under subsection (1), or

(b) to any voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968 (c. 46).

(4) Where facilities are made available under subsection (3), the Secretary of State may make available the services of any person employed in connection with the facilities by—

(a) the Secretary of State,

(b) a Strategic Health Authority,

(c) a Primary Care Trust,

(d) a Special Health Authority, or

(e) a Local Health Board.

(5) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State.

(6) Goods or materials may be made available either temporarily or permanently.

(7) Any power to supply goods or materials under this section includes—

(a) a power to purchase and store them, and

(b) a power to arrange with third parties for the supply of goods or materials by those third parties.

 
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