{
  "url": "https://openlegislation.uk/national-health-service-act-1977/section-128",
  "json_url": "https://openlegislation.uk/national-health-service-act-1977/section-128.json",
  "legislation": "ukpga/1977/49",
  "legislation_title": "National Health Service Act 1977",
  "legislation_url": "https://openlegislation.uk/national-health-service-act-1977",
  "path": "section/128",
  "kind": "section",
  "number": "128",
  "heading": "Interpretation and construction.",
  "text": "(1) In this Act and Part I of the National Health Service and Community Care Act 1990, unless the contrary intention appears—\n. . .\n. . .\n. . .\n...\n“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984;\n“disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;\n“dispensing optician” means a person who is registered in the register kept under section 2 of the Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;\n“equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;\n“the FHSAA” means the Family Health Services Appeal Authority;\n“financial year” means a period of 12 months ending with 31st March in any year;\n“functions” included powers and duties;\n. . .\n. . .\n“general dental services contract” has the meaning given by section 28K above;\n“general medical services contract” has the meaning given by section 28Q above;\n“the health service” means the health service established in pursuance of section 1 of the National Health Service Act 1946 and continued under section 1(1) above;\n“health service body” has the same meaning as in section 4 of the National Health Service and Community Care Act 1990;\n“health service hospital” means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in a Primary Care Trust , an NHS trust or an NHS foundation trust;\n“high security psychiatric services” has the meaning given by section 4 above\n. . .\n“hospital” means—\n(a)any institution for the reception and treatment of persons suffering from illness,\n(b)any maternity home, and\n(c)any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,\nand includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;\n“illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;\n“local authority” means a county council, . . . a district council, a county borough council, a London borough council, and the Common Council of the City of London; . . .\n“local education authority” has the same meaning as in the the Education Act 1996;\n“local pharmaceutical services” means such services of a kind which may be provided under section 41 or by virtue of section 41A (except the provision of drugs, medicines or listed appliances by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1)) as are prescribed by regulations under section 28 of the Health and Social Care Act 2001;\n“LPS arrangements” means arrangements made under a pilot scheme established under section 28 of the Health and Social Care Act 2001;\n“local social services authority” means the council of a non-metropolitan county, of a county boroughor of a metropolitan district or London borough, or the Common Council of the City of London;\n“medical” includes surgical;\n...\n“medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978\n“medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;\n“modifications” includes additions, omissions and amendments;\n“NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;\n“National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly\n“officer” includes servant;\n“operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990\n“optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act , or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist;\n“patient” includes an expectant or nursing mother and a lying-in woman;\n...\n...\n“pharmaceutical services” has the meaning assigned by section 41 of this Act\n“prescribed” means prescribed by regulations made by the Secretary of State under this Act or Part I of the National Health Service and Community Care Act 1990;\n“PCT order” has the meaning given by section 16A above\n“primary dental services” means services which are primary dental services for the purposes of Part 1 (see section 16CA);\n“primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990\n“primary medical services” means services which are primary medical services for the purposes of Part 1 (see section 16CC).\n“property” includes rights; . . .\n“registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;\n“regulations” means regulations made by the Secretary of State under this Act or Part I of the National Health Service and Community Care Act 1990;\n“section 28C arrangements” means arrangements made under section 28C;\n. . .\n“superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;\n“terms of service” means the terms upon which by virtue of regulations a person undertakes to provide ... general ophthalmic services or pharmaceutical services.\n“university” includes a university college;\n“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;\n. . .\n(1A) So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust.\n(2) References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.\n(3) Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Act repealed (except ss. 57, Sch. 11 and ss. 126, 128 so far as they relate to those provisions, which are repealed only for E.W., see s. 7(3) of the repealing Act; and except s. 41B(2)(6)(b) as amended by S.I. 2006/1056, which is repealed immediately after that amendment comes into force, see s. 8(4)-(6); and except ss. 19, 28J, 38, 39, 41, 41B(2)(6)(b), 42(2B)(2C), 42A, 42B, 43(2), 49F, 49H, 98, 128, Sch. 8 para. 2(2B), Sch. 8A, Sch. 9A para. 6, Sch. 12 paras. 2A(1)(b)(ba), 2B, Sch. 12B as amended by Health Act 2006 (c. 28) which are repealed immediately after those amendments come into force on 1.8.2008 and 9.5.2013, see s. 8(4)-(6); and except ss. 3, 15, 16CD, 16CE, 18A, 26, 28WA-28WF, 28X, 28Y, 38, 39, 43D, 44, 45A, 45C, 72, 103 as amended by Health Act 2006 (c. 28) and to the extent that they relate to primary ophthalmic services, which are repealed immediately after those amendments come into force on 1.8.2008, see s. 8(4)-(6)) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with saving for s. 126 in Sch. 2 para. 7 and general savings and transitional provisions in Sch. 2 Pt. 1 and transitory modifications relating to primary ophthalmic services in Sch. 3 para. 1); S.I. 2008/1972, art. 2; S.I. 2013/1112, art. 2Act: specified provisions amended and repealed and specified amendments and repeals by specified legislation commenced (1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1-3, Schs. 1, 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Definitions of “District Health Authority” and “health authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Definition repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 10, Sch. 7"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 7, para. 28, Sch. 8"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 128(1) repealed (1.4.2004 in so far as it relates to the definitions of “medical list”, “personal medical services” and “terms of service” and 1.4.2006 in so far as not already in force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(d) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(a)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 9"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Definition inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 22"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "S. 128(1): Definition of \"the FHSAA\" inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. II (subject to art. 3(2))"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in s. 128(1) inserted (1.10.2006 except so far as relating to Welsh NHS bodies, 1.2.2007 in so far as not already in force) by Health Act 2006 (c. 28), s. 83(4)(b), Sch. 8 para. 24(a); S.I. 2006/2603, art. 5(b); S.I. 2007/204, art. 4(b)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Definition of “fund-holding practice” in s. 128(1) repealed (1.10.1999 for E. and otherwise 1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch."
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in s. 128(1) inserted (3.2.2004 for E. for specified purposes, 28.2.2004 for W. for specified purposes, 1.12.2005 for E. so far as not already in force, 15.2.2006 for W. in so far as not already in force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 39; S.I. 2004/288, arts. 2(1)(c), 3(1)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 2(1)(c), 3(c) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, arts. 4(1)(c), 5(1)(e); S.I. 2006/345, arts. 2(1)(b), 3(1)(d)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(c)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Definitions in s. 128(1) inserted (1.4.1998 in relation to the definition of “section 28C arrangements”, 10.12.1998 in relation to the definition of “medical list”, 24.6.2002 for E. in relation to the definition of “health service body, 1.4.2004 for W. in relation to the definition of “health service body and otherwise prosp.) by 1997 c. 46, s. 41(10), Sch. 2 para. 28; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5); S.I. 1998/2840, art. 2(3), Sch. (with art. 3); S.I. 2002/1616, art. 2; S.I. 2004/287, art. 3"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(d)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(c)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in the definition of “health service hospital” in s. 128(1) inserted (4.1.2000 for E. and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in s. 128(1) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 42; S.I. 2004/759, art. 2"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Definition of “high security psychiatric services” in s. 128(1) inserted (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 38(2)(b); S.I. 1999/2793, art. 2(3)(a), Sch. 3"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(d)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102(2), Sch. 17"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Words in the definition of “local authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in the definition of “local authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in the definition of “local education authority” in s. 128(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(1), Sch. 37 para. 45 (with s. 1(4), Sch. 39)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "S. 128(1): definitions of \"local pharmaceutical services\" and \"LPS arrangements\" inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 24"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Words in the definition of “local social services authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Definition substituted by Medical Act 1983 (c. 45, SIF 83:1), s. 56(1), Sch. 5 para. 16(b)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Definitions inserted (the insertion not being in force until 1.4.1991 so far as it relates to the definition of “NHS contract”) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(d)"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(e)"
    },
    {
      "type": "F",
      "label": "F30",
      "text": "Words in s. 128(1) substituted (30.6.2005 as notified in the London Gazette dated 3.6.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 9 (with Sch. 2)"
    },
    {
      "type": "F",
      "label": "F31",
      "text": "Word in s. 128(1) substituted (1.8.2008) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 24(b); S.I. 2008/1972, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F32",
      "text": "Words in s. 128(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 189"
    },
    {
      "type": "F",
      "label": "F33",
      "text": "Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(f)"
    },
    {
      "type": "F",
      "label": "F34",
      "text": "Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(g)"
    },
    {
      "type": "F",
      "label": "F35",
      "text": "Definition of “PCT order” in s. 128(1) inserted (4.1.2000 for E. and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(c); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6"
    },
    {
      "type": "F",
      "label": "F36",
      "text": "Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(h)"
    },
    {
      "type": "F",
      "label": "F37",
      "text": "Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(i)"
    },
    {
      "type": "F",
      "label": "F38",
      "text": "Definition of “special hospital” in s. 128(1) repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3"
    },
    {
      "type": "F",
      "label": "F39",
      "text": "S. 128(1): definition of “terms of service” inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes and 1.2.2003 for E. in so far as not already in force by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(14) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2003/53, art. 4(d)"
    },
    {
      "type": "F",
      "label": "F40",
      "text": "Definition substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(e)"
    },
    {
      "type": "F",
      "label": "F41",
      "text": "S. 128(1A) inserted (1.9.1999 for E. for specified purposes, 1.12.1999 for W. for specified purposes, 4.1.2000 for E. for other specified purposes and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(3); S.I. 1999/2342, art. 2(1)(3)(a), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6"
    },
    {
      "type": "F",
      "label": "F42",
      "text": "Words in s. 128(1A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 33; S.I. 2002/2478, art. 3(1)(c)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1984 c. 24(83:1)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1958 c. 32(83:1)."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "1946 c. 81."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "1990 c. 19."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "1983 c. 20(85)."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "1978 c. 30(115:1)."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 128(1) applied (with modifications) (1.4.2006) by The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 (S.I. 2006/552), reg. 1(1), Sch. 1 para. 9"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1977/49/section/128",
    "retrieved_at": "2026-10-29T10:24:07.293795+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}